in the Interest of K.K., L.M., M.M., and T.K., Children

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-04-00303-CV

In the Interest of K.K., L.M., M.M., and T.K.,

Children

From the 361st District Court

Brazos County, Texas

Trial Court No. 03-000440-CV-361

DISSENTING Opinion TO ABATEMENT ORDER

      I dissent to the new procedure created out of whole cloth by the majority.

      The hostility continues—unabated.  See In re M.A.H., No. 10-02-00234-CV, 2004 Tex. App. LEXIS 6913, at *8-*9 (Tex. App.—Waco July 28, 2004, no pet.) (Gray, C.J., dissenting).  Is it effective assistance of counsel or is it now the appointment of effective counsel?  See Brice v. Denton, 135 S.W.3d 139, 146-51 & nn.1-3 (Tex. App.—Waco 2004) (Gray, C.J., dissenting), pet. denied sub nom. Denton ex rel. A.R.B. v. Brice, No. 04-0391, 2005 Tex. LEXIS 380 (Tex. May 13, 2005) (order) (not designated for publication).[1]  The appellate counsel has the option to proceed simultaneously with a writ of habeas corpus to develop any factual record needed to show counsel’s conduct and reasons for it.  See Tex. Fam. Code Ann. § 161.211(a)-(b) (Vernon 2002); see generally Brice at 155 n.6 (Gray, C.J., dissenting).

      I would affirm the trial court’s judgment.  More later if this order is set aside by mandamus; if not, then after the appeal is reinstated.

TOM GRAY

Chief Justice

Dissenting opinion delivered and filed October 19, 2005

[CV06]

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      [1]  The Legislature again amended the statutes governing the appointment of counsel for indigent parents in suits affecting the parent-child relationship in its last session.  E.g., Act of May 29, 2005, 79th Leg., R.S., ch. 268, § 1.06, 2005 Tex. Sess. Law Serv. 621, 623 (Vernon) (to be codified at Tex. Fam. Code § 107.013(c)); id. § 1.07, 2005 Tex. Sess. Law Serv. at 623 (to be codified as an amendment of Tex. Fam. Code Ann. § 107.015(c) (Vernon Supp. 2004-2005)).