in the Interest of J.C., a Child
This text of in the Interest of J.C., a Child (in the Interest of J.C., a Child) 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.
Opinion
Order entered January 31, 2022
In The Court of Appeals Fifth District of Texas at Dallas
No. 05-22-00043-CV
IN THE INTEREST OF J.C., A CHILD
On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JC-20-00975-X
ORDER
This is an accelerated appeal in a child protection case. The clerk’s record
has been filed; the reporter’s record is overdue.
The clerk’s record reflects the trial court found Mother and Father to be
indigent and appointed trial counsel for each of them. The record further reflects
trial counsel was “released” from this case when the final decree was signed.
While appellate counsel has been appointed for Mother, nothing before the Court
reflects Father, who is presumed to remain indigent through any appeals absent
changed circumstances, has been appointed appellate counsel. See In re P.M., 520
S.W.3d 24, 26 (Tex. 2016) (per curiam) (citation omitted). Accordingly, we ORDER the trial court to appoint counsel to represent
Father on appeal and to transmit to this Court, no later than February 4, 2022, a
supplemental clerk’s record containing the order appointing counsel.
We note that on January 28, 2022, Mother filed written verification that she
had requested the reporter’s record. Accordingly, we ORDER Pamela Sumler,
Official Court Reporter for the 305th Judicial District Court, to file the record no
later than February 7, 2022. To ensure the timely filing of the record, the trial
court must arrange for a substitute reporter if necessary. See TEX. R. APP. P.
28.4(b)(1).
We DIRECT the Clerk of this Court to send a copy of this order to the
Honorable Cheryl Lee Shannon, Presiding Judge of the 305th Judicial District
Court; Dallas County District Clerk Felicia Pitre; Ms. Sumler; and, all parties.
We ABATE the appeal to allow the trial court an opportunity to comply
with this order. It shall be reinstated no later than February 9, 2022.
/s/ CRAIG SMITH JUSTICE
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