in the Interest of J.R.P., Children

Court of Appeals of Texas·Decided September 5, 2014·No. 04-14-00435-CV·Published

Opinion

Fourth Court of Appeals San Antonio, Texas September 5, 2014

No. 04-14-00435-CV

IN THE INTEREST OF J.R.P., Et al., Children,

From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2013-PA-01799 Honorable Charles E. Montemayor, Judge Presiding

ORDER Appellant J.R. appeals the trial court’s termination of her parental rights. Appellant’s court-appointed attorney has filed a brief pursuant to Anders v. California, 386 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 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 her right to review the record and file her own brief. See 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.).

If appellant desires to file a pro se brief, she must do so within twenty (20) 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.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of September, 2014.

___________________________________ Keith E. Hottle Clerk of Court

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Bruns v. State
924 S.W.2d 176 (Court of Appeals of Texas, 1996)
Nichols v. State
954 S.W.2d 83 (Court of Appeals of Texas, 1997)