In re Interest of D.C.

573 S.W.3d 860
CourtCourt of Appeals of Texas
DecidedFebruary 8, 2019
DocketNo. 08-18-00164-CV
StatusPublished
Cited by11 cases

This text of 573 S.W.3d 860 (In re Interest of D.C.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Interest of D.C., 573 S.W.3d 860 (Tex. Ct. App. 2019).

Opinion

ANN CRAWFORD McCLURE, Chief Justice

Appellant, J.I.C. (Father), is appealing a judgment terminating his parental rights to D.C., J.C., Jr., and I.C. The trial court found by clear and convincing evidence that Father, after being served with citation in this suit, did not respond by timely filing an admission of paternity or by filing a counterclaim for paternity or for voluntary paternity to be adjudicated under chapter 160 of the Texas Family Code before the final hearing in the case. See TEX.FAM.CODE ANN. § 161.002(b)(1) (authorizing summary termination of alleged biological father's parental rights if alleged father does not file an admission of paternity or by filing a counterclaim for paternity or for voluntary paternity before the final hearing in the case). Further, the trial court found that termination of Father's parental rights is in the best interest of each of the children. TEX.FAM.CODE ANN. § 161.001(b)(2). We affirm.

Father is represented on appeal by court-appointed counsel who has filed a brief in accordance with the requirements of Anders v. California , 386 U.S. 738, 741-44, 87 S.Ct. 1396, 1398-1400, 18 L.Ed.2d 493 (1967). Court-appointed counsel has concluded that, after a thorough review of the record, Father's appeal is frivolous and without merit. In Anders , the Supreme Court recognized that counsel, though appointed to represent the appellant in an appeal from a criminal conviction, had no duty to pursue a frivolous matter on appeal. Anders , 386 U.S. at 744, 87 S.Ct. at 1400. Thus, counsel was permitted to withdraw after informing the court of his conclusion and the effort made in arriving at *863that conclusion. Id. The procedures set forth in Anders apply to an appeal from a case involving the termination of parental rights when court-appointed counsel has determined that the appeal is frivolous. See In re P.M. , 520 S.W.3d 24, 27 n.10 (Tex. 2016) (per curiam)(recognizing that Anders procedures apply in parental termination cases); In re J.B. , 296 S.W.3d 618, 619 (Tex.App.--El Paso 2009, no pet.) ; In re K.R.C. , 346 S.W.3d 618, 619 (Tex.App.--El Paso 2009, no pet.).

Counsel's brief meets the requirements of Anders by containing a professional evaluation of the record and demonstrating that there are no arguable grounds for reversal of the termination order. See Gainous v. State , 436 S.W.2d 137 (Tex.Crim.App. 1969) ; Jackson v. State , 485 S.W.2d 553 (Tex.Crim.App. 1972) ; Currie v. State , 516 S.W.2d 684 (Tex.Crim.App. 1974). Counsel has informed the Court that Father has failed to maintain contact with him. Consequently, counsel has been unable to provide Father with a copy of the brief and motion to withdraw or advise Father regarding his right to file a pro se brief. A party who fails to keep his attorney informed of his current address forfeits the right to receive a copy of the Anders brief and the right to file a pro se response. In re Schulman , 252 S.W.3d 403, 408 n. 21 (Tex.Crim.App. 2008). Because Father has not kept his counsel informed as to his current address or other contact information, we hold that Father has waived his right to notification and receipt of the Anders brief and counsel's motion to withdraw as well as the right to submit a pro se response.

Upon receiving an Anders brief, we are required to conduct a full examination of all the proceedings to determine whether the appeal is wholly frivolous. Penson v. Ohio , 488 U.S. 75, 80, 109 S.Ct. 346, 350, 102 L.Ed.2d 300 (1988). We have thoroughly reviewed the entire record, including the Anders brief, and we have found nothing that would arguably support an appeal. We agree with counsel's professional assessment that the appeal is frivolous and without merit. Because there is nothing in the record that might arguably support the appeal, a further discussion of the arguable grounds advanced in the brief filed by court-appointed counsel would add nothing to the jurisprudence of the state. The final order terminating Father's parental rights to D.C., J.C., Jr., and I.C. is affirmed. The final matter we must resolve is counsel's motion to withdraw.

Motion to Withdraw

An attorney, whether appointed or retained, is under an ethical obligation to refuse to prosecute a frivolous appeal. Pena v. State , 932 S.W.2d 31, 32-33 (Tex.App.--El Paso 1995, no pet.), citing McCoy v. Court of Appeals of Wisconsin, District 1 , 486 U.S. 429, 436, 108 S.Ct. 1895

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573 S.W.3d 860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-interest-of-dc-texapp-2019.