COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00315-CV
IN RE CORNELIUS HUDSON RELATOR
----------
ORIGINAL PROCEEDING
----------
MEMORANDUM OPINION1
----------
Relator Cornelius Hudson seeks mandamus relief from the trial court’s July
25, 2012 contempt judgment, which ordered that Hudson be confined in the
Tarrant County jail for sixty days if he did not appear for a deposition on August
6, 2012. Hudson contends in one issue that he requested appointed counsel
before the contempt hearing but that the respondent trial judge failed to appoint
an attorney to represent him. Real Parties In Interest Major Joe E. Bryant and
Shirley Bryant concede that if Hudson is indigent, he had the right to appointed
1
See Tex. R. App. P. 47.1, 52.8(d).
counsel at the contempt hearing. See Ex parte Gonzales, 945 S.W.2d 830, 835–
37 (Tex. Crim. App. 1997); see also Ex parte Goodman, 742 S.W.2d 536, 541
(Tex. App.—Fort Worth 1987, no writ) (requiring court to advise alleged criminal
contemnor of right to counsel and right to appointment of counsel if indigent and
holding that order issued in violation of right to counsel is void). The parties do
not dispute that the trial court did not conduct an indigency hearing before
proceeding with the contempt hearing, even though Hudson filed a written
request for counsel before the hearing. Thus, the July 25, 2012 contempt
judgment is void, and we grant Hudson’s petition for writ of mandamus. We also
lift our stay dated August 2, 2012.
ANNE GARDNER
JUSTICE
PANEL: DAUPHINOT, GARDNER, and MCCOY, JJ.
DELIVERED: August 30, 2012
2