NUMBER 13-15-00236-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN THE INTEREST OF R.M., A.M., N.G., D.Q., AND V.Q.,
MINOR CHILDREN
On Appeal from the 377th District Court
of Victoria County, Texas.
ORDER
Before Chief Justice Valdez and Justices Benavides and Perkes
Order Per Curiam
This cause is before the Court because the Honorable Ashley J. Pall has failed to
timely file her appellate brief on behalf of minors, R.M. and A.M. and has failed to comply
with this Court’s July 16, 2015 and August 7, 2015 orders. By our July 16, 2015 order,
we directed Pall to file her brief with the Court by July 22, 2015. Pall did not file the brief.
By our August 7, 2015 order, we directed Pall to file her brief with this Court no later than
August 14, 2015, informed her that no further extensions of time would be granted, and
warned her that if she failed to file the brief, the Court would abate and remand this case
to the trial court with instructions to appoint new counsel and with the recommendation to
the trial court that Pall should not be appointed as counsel in other termination cases; and
inform the Office of the General Counsel of the State Bar of Texas that these proceedings
have raised a substantial question as to Pall’s fitness as a lawyer. Pall has failed to file
the brief as ordered.
I. APPOINTMENT OF NEW COUNSEL
Based on the foregoing, we ABATE and REMAND this case to the trial court with
instructions to appoint new counsel and with the recommendation to the trial court that
Pall should not be appointed as counsel in other termination cases until she has
satisfactorily shown the trial court a willingness and ability to meet professional obligations
on appeal, including meeting all applicable appellate deadlines. We direct the trial court
to appoint new counsel within seven days of the date of this order. The trial court must
inform newly appointed counsel that the appellant’s brief is due to be filed within fourteen
days after counsel is appointed. 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, mailing
address, telephone number, fax number, email address, and State Bar of Texas
identification number to this Court in the form of a supplemental clerk’s record within
seven days from the date of this order.
III. SHOW CAUSE FOR CONTEMPT & REPORT TO THE OFFICE OF GENERAL COUNSEL
We previously informed Pall that failing to file the brief as ordered may result in a
show cause order and an order directing the Clerk of this Court to inform the Office of the
General Counsel of the State Bar of Texas that these proceedings have raised a
2
substantial question as to Pall’s fitness as a lawyer. See TEX. CODE JUD. CONDUCT,
Canon 3(D)(2), reprinted in TEX. GOV'T CODE ANN., title 2, subt. G, app. B (West, Westlaw
through Ch. 46 2015 R.S.). Under such an order, Pall would be required to appear in
person before this Court to show cause why she should not be held in civil and criminal
contempt of this Court and have sanctions imposed for her failure to obey our July 16,
2015 and August 7, 2015 orders requiring the timely filing of a brief in this matter. This
Court is taking the issue of contempt and reporting to the Office of General Counsel of
the State Bar of Texas under advisement, and these issues will be CARRIED WITH THE
CASE pending further review. In the interim, we ORDER Pall to file any motion
explaining any extenuating circumstances to this Court on or before September 14, 2015.
After September 14, 2015, the Court will determine whether a contempt hearing and/or
report to the Office of General Counsel of the State Bar of Texas is warranted. If the
Court proceeds with a contempt hearing, Pall is hereby advised that she has the right to
be represented by counsel at any resulting show cause hearing and that the proceedings
would be recorded by a certified court reporter.
The Clerk of this Court is ORDERED to serve a copy of this order on the Honorable
Ashley J. Pall by regular means and by certified mail, return receipt requested.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
17th day of August, 2015.
3