NOS. 07-11-00189-CV; 07-11-0190-CV; 07-11-0191-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
SEPTEMBER 28, 2011
IN THE INTEREST OF J.S., J.H., J.H.
FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;
NO. 74,752-D, 78,212-D, 79,585-D; HONORABLE DON R. EMERSON, JUDGE
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ABATEMENT AND REMAND
Following termination of their parental rights, appellants, Barbara Wesley and
Caleb Huggins, filed notices of appeal through their appointed trial counsel. However,
within the time for perfecting an appeal, counsel filed an amended notice of appeal that
included affidavits of indigence for both Wesley and Huggins. The clerk’s records in
each of these causes reflect that trial counsel was permitted to withdraw from
representation of appellants on appeal. Thus, both appellants have filed affidavits of
indigency, but do not appear to be represented by counsel on appeal. We abate these
appeals and remand the causes.
In Texas, there is a statutory right to counsel for indigent persons who respond in
opposition to a parental termination case filed by a governmental entity. TEX. FAM.
CODE ANN. § 107.031(a)(1) (West 2008); In re M.S., 115 S.W.3d 534, 544 (Tex. 2003).
Therefore, we abate the appeals and remand the causes to the trial court for further
proceedings. Upon remand, the trial court is directed to determine if appellants are
indigent, and whether attorney ad litems should be appointed to represent them on
appeal.
Should the trial court determine that appellants are indigent and entitled to
appointment of counsel, the trial court is directed to appoint counsel and provide
counsel's name, address, telephone number, and state bar number to the Clerk of this
Court immediately upon such appointment. Any orders issued shall be included in
supplemental clerk's records for the cause in which the order is entered, and these
supplemental clerk’s records are to be filed with the Clerk of this Court on or before
October 28, 2011.
The trial court is directed to hold any hearings it deems necessary to comply with
this order. Any such hearings shall be recorded and a supplemental reporter's record
containing these hearings shall be filed with the Clerk of this Court on or before October
28, 2011.
It is so ordered.
Per Curiam
2
in the Interest of J.S., a Child
Combined Opinion