NUMBER 13-14-00318-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN THE INTEREST OF T.W.
On Appeal from the County Court at Law
of Aransas County, Texas.
Order of Abatement
Before Chief Justice Valdez, Justices Perkes and Longoria
Order Per Curiam
This is an appeal of a final order terminating parental rights. The trial court
terminated the parental rights of B.W. and C.S. to their child, T.W.1 Only B.W. perfected
an appeal.
By an order dated September 3, 2014, this Court ordered appellant’s counsel, the
Hon. L. Gayle Nelson, to file the appellant’s brief with this Court on or before 5:00 p.m.
1 In appeals from cases involving the termination of parental rights, the rules of appellate procedure
require the use of an alias to refer to a minor, and if necessary to protect the minor’s identity, to the minor’s
parent or other family member. TEX. R. APP. P. 9.8.
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on Tuesday, September 16, 2014. If counsel failed to file a brief, she was ordered to
appear before this Court on Wednesday, September 17th in Corpus Christi, Texas, to
show cause why she should not be held in contempt of court. On Monday, September
15, 2014, the Clerk of this Court contacted counsel and was informed that counsel had
not received the order of September 3, 2014, had been suspended by the State Bar for
nonpayment of fees, and did not have the funds to travel to Corpus Christi for the hearing.
Section 8.04(a)(11) of the Texas Disciplinary Rules of Professional Conduct states
that a lawyer shall not “engage in the practice of law when the lawyer is on inactive status
or when the lawyer’s right to practice has been suspended or terminated, including but
not limited to situations where a lawyer’s right to practice has been administratively
suspended for failure to timely pay required fees or assessments or for failure to comply
with Article XII of the State Bar Rules relating to Mandatory Continuing Legal Education.”
TEX. DISCIPLINARY R. PROF. CONDUCT 8.04(a)(11), reprinted in TEX. GOV’T CODE ANN., tit.
2., subtit. G., app. A (West, Westlaw through 2013 3d C.S.). The practice of law includes
the preparing and filing of a brief in this Court on behalf of a client. See TEX. GOV’T CODE
ANN. § 81.101(a) (West, Westlaw through 2013 3d C.S.). Counsel may not file a brief in
this Court at this time. The deadline to file the brief and show-cause hearing set for
September 17, 2014, is accordingly canceled.
We now ABATE this appeal and REMAND the cause to the trial court for
appointment of new counsel. We note that over seventy days of the total 180 days in
which this type of appeal is to be disposed have already passed. See TEX. R. JUD. ADMIN.
6.2(a) reprinted in TEX. GOV’T CODE ANN., tit.2, subtit. F app. (West, Westlaw through 2013
3d C.S.). The trial court shall appoint new counsel within seven days of the date of this
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order. We respectfully request the trial court to impress upon the new counsel the
necessity of acting expeditiously in this case. The trial court shall forward the order
appointing new counsel along with counsel’s full name, bar card number, address, and
contact information to this Court in the form of a supplemental clerk’s record within twelve
days of the date of this order.
It is so ORDERED.
PER CURIAM
Delivered and filed the
16th day of September, 2014.
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in the Interest of T. W., a Child
Combined Opinion