NO. 07-07-0042-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
APRIL 24, 2008
______________________________
IN THE INTEREST OF J.O.A., T.J.A.M., T.J.M., AND C.T.M., CHILDREN,
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FROM THE 100TH DISTRICT COURT OF COLLINGSWORTH COUNTY;
NO. 7019; HONORABLE PHIL VANDERPOOL, JUDGE
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Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
ABATEMENT AND REMAND
The Texas Department of Protective and Family Regulatory Services filed suit seeking, among other relief, termination of the parental rights of Trena and Timothy. After their parental rights were terminated by the trial court, Trena and Timothy prosecuted their appeal to this Court. By opinion dated February 25, 2008, this Court affirmed that portion of the trial court’s order terminating the parental rights, if any, of any alleged or unknown father as to J.O.A.; affirmed that portion of the order appointing the maternal grandmother as J.O.A.’s managing conservator; affirmed that portion of the order appointing the maternal grandmother as T.J.A.M.’s managing conservator; affirmed that portion of the order terminating the parental rights of Trena to the twins, T.J.M. and C.T.M.; and reversed that portion of the trial court’s order terminating the parental rights of Timothy to the twins, T.J.M. and C.T.M., and remanded the cause to the trial court for further proceedings. Motions for rehearing filed by Trena and the Guardian Ad Litem were overruled on April 3, 2008.
Pending before this Court is a Motion to Withdraw filed by Luke Inman, attorney of record for Trena and Timothy, in which he represents that good cause exists for his withdrawal for two reasons: (1) he was recently appointed to serve as the 100th Judicial District Attorney and (2) an inherent conflict of interest has arisen because he represented both Appellants and Timothy prevailed on appeal.
The trial court has the authority under § 107.013(a)(1) of the Texas Family Code to appoint counsel for indigent parents in termination suits filed by a governmental entity. Pursuant to § 107.013(b), Inman was appointed by the trial court to represent both Trena and Timothy in defending the suit initiated by the Department. As such, the trial court has the responsibility to relieve or replace counsel.
Therefore, we now abate the Motion to Withdraw to the trial court and remand the matter for further proceedings. Upon remand, the trial court shall utilize whatever means necessary to determine the following:
(1) whether to grant Inman’s motion to withdraw, and if so
(2) direct Inman to immediately notify the parties, in writing, of any known deadlines or settings that were not previously disclosed to them.
The trial court shall also grant such other relief as justice may require or to which the parties may be entitled. The trial court shall execute any necessary orders and cause its orders to be included in a supplemental clerk's record to be filed with the Clerk of this Court on or before May 26, 2008.
It is so ordered.
Per Curiam