in the Interest of C.K., a Child

Opinion

Fourth Court of Appeals San Antonio, Texas June 24, 2014

No. 04-14-00318-CV

IN THE INTEREST OF C.K., A CHILD,

From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2013-PA-01216 Honorable Charles E. Montemayor, Judge Presiding

ORDER Appellant appeals the trial court’s termination of his parental rights. Appellant’s attorney has filed a brief pursuant to Anders v. California, 368 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. In In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio May 21, 2003, no pet.), we held that in parental- termination appeals, a procedure akin to Anders is necessary to best protect the statutory right to counsel on appeal, to provide a procedural mechanism for counsel to fulfill his ethical obligations, to assist the court in deciding appeals, and to provide consistent procedures for all indigent litigants. In compliance with the procedure set out in Anders, appellant’s attorney has informed appellant of his right to file his own brief. Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). The State has filed a letter waiving its right to file an appellee’s brief unless the appellant files a pro se brief.

If appellant desires to file a pro se brief, he must do so within thirty days from the date of this order. If appellant files a pro se brief, appellee may file a responsive brief no later than twenty days after the date appellant’s pro se brief is filed in this court. We ORDER the motion to withdraw, filed by appellant’s counsel, to be HELD IN ABEYANCE pending further order of the court.

_________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of June, 2014.

___________________________________ Keith E. Hottle Clerk of Court