James Wilkins v. Nueces County, Texas ( 2014 )

NUMBER 13-14-00570-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JAMES WILKINS, Appellant,
v.
NUECES COUNTY, TEXAS, Appellee.
On appeal from the 105th District Court
of Nueces County, Texas.
ORDER OF ABATEMENT
Before Justices Rodriguez, Benavides, and Perkes
Order Per Curiam
Appellant, James Wilkins, appeals from an order of dismissal for lack of subject
matter jurisdiction. He proceeds pro se and is incarcerated. On October 14, 2014,
appellant filed a motion to appoint attorney and an affidavit of indigence.
Texas has statutorily provided for appointed counsel in juvenile delinquency cases,
in parental termination cases, and in cases in which application for court-ordered mental
health services has been made. Gibson v. Tolbert, 102 S.W.3d 710, 712–13 (Tex.
2003). The Texas Legislature has also provided for the possibility of appointed counsel
in other civil matters by conferring upon a district court judge the discretion to “appoint
counsel to attend to the cause of a party who makes an affidavit that he is too poor to
employ counsel to attend to the cause.” TEX. GOV’T CODE ANN. § 24.016 (West, Westlaw
through 2013 C.S.); see Gibson, 102 S.W.3d at 712. Under exceptional circumstances,
“the public and private interests at stake [may be] such that the administration of justice
may best be served by appointing a lawyer to represent an indigent civil litigant.”
Travelers Indem. Co. v. Mayfield, 923 S.W.2d 590, 594 (Tex. 1996).
Accordingly, we now ABATE this appeal and REMAND the cause to the trial court
for further proceedings. Upon remand, the trial court shall immediately cause notice of
a hearing to be given and, thereafter, conduct a hearing to determine the following:
1. Whether appellant desires to prosecute this appeal;
2. Whether appellant is indigent;
3. Whether appellant is entitled to a free appellate record due to his
indigency;
4. Whether exceptional circumstances exist such that appellant is
entitled to appointed counsel; and,
5. What orders, if any should be entered to assure the filing of
appropriate notices and documentation to dismiss appellant's appeal
if appellant does not desire to prosecute this appeal, or if appellant
desires to prosecute this appeal, to assure that the appeal will be
diligently pursued.
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If the trial court determines that appellant does want to continue the appeal and
that appellant is indigent and entitled to court-appointed counsel, the trial court shall
appoint counsel to represent appellant in this appeal. If counsel is appointed, the name,
address, telephone number, email address, and state bar number of said counsel shall
be included in an order appointing counsel.
The trial court shall cause its finding and recommendations, together with any
orders it may enter regarding the aforementioned issues, to be included in a supplemental
clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record
of any proceedings to be prepared. The supplemental clerk's record and supplemental
reporter's record, if any, shall be filed with the Clerk of this Court on or before the
expiration thirty days from the date of this order.
It is so ORDERED.
PER CURIAM
Delivered and filed the
23rd day of October, 2014.
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