in the Matter of F.L.R., a Juvenile ( 2008 )

IN THE

TENTH COURT OF APPEALS

No. 10-07-00231-CV

In the matter of F.L.R.

From the County Court at Law No. 2

Johnson County, Texas

Trial Court No. JO-4422

ABATEMENT ORDER

Before the Court is F.L.R.’s unopposed motion to abate the appeal to the trial court for an indigence hearing.  We will grant the requested relief.

According to the motion, F.L.R.’s parents retained counsel Ruben Gonzalez to represent their son at trial.  After a jury found that F.L.R. had engaged in delinquent conduct, Gonzalez agreed to represent him on appeal without advance payment, understanding that F.L.R.’s parents would raise the funds necessary to pay his fee for appellate representation.  However, according to affidavits tendered by the parents, F.L.R.’s father recently lost his job, and they are unable to pay Gonzalez’s fee or the fees for the preparation of the clerk’s and reporter’s records.

A juvenile has a statutory right to counsel on appeal.  Tex. Fam. Code Ann. § 56.01(d)(2) (Vernon 2002); In re A.G., 195 S.W.3d 886, 887 (Tex. App.—Waco 2006, order, no pet.) (per curiam); see also In re D.A.S., 973 S.W.2d 296, 298 (Tex. 1998) (orig. proceeding). If the juvenile and his parents are indigent, the juvenile is entitled to (1) court-appointed counsel on appeal; and (2) preparation of the clerk’s and reporter’s records without charge.  See Tex. Fam. Code Ann. § 56.01(d)(3), (m), § 56.02(b) (Vernon 2002); In re K.C.A., 36 S.W.3d 501, 502-03 (Tex. 2000) (per curiam); A.G., 195 S.W.3d at 887.  Therefore, we will abate this appeal for a hearing in the trial court to determine whether F.L.R. and his parents are indigent.  See A.G., 195 S.W.3d at 887.

If the trial court finds that they are indigent, the court shall appoint counsel to represent F.L.R.  See Tex. Fam. Code Ann. § 56.01(d)(3).  If the trial court determines that they are not indigent, the court shall advise them: (1) they may have the trial court’s indigence ruling reviewed by filing a motion with this Court; see K.C.A., 36 S.W.3d at 502; In re Arroyo, 988 S.W.2d 737, 738-39 (Tex. 1998) (per curiam) (orig. proceeding); (2) F.L.R. may pursue the appeal of his juvenile delinquency adjudication without the assistance of counsel through his parents; see D.A.S., 973 S.W.2d at 299; see also Tex. Fam. Code Ann. § 51.11 (Vernon 2002), § 151.001(a)(7) (Vernon Supp. 2007); (3) they may make payment arrangements with Gonzalez or retain other counsel to represent F.L.R. on appeal; and (4) they must, within fourteen days after the date of the hearing, notify the Clerk of this Court in writing of which of these options they intend to pursue.  See A.G., 195 S.W.3d at 887.

The trial court shall, within thirty days after the date of this Order: (1) conduct the hearing; (2) cause a court reporter to make a record of the hearing; (3) make appropriate orders and findings of fact and conclusions of law; and (4) deliver any orders and findings of fact and conclusions of law to the trial court clerk.

If the trial court determines that F.L.R. and his parents are indigent, then the clerk’s record (including any orders and findings prepared in connection with the indigence hearing) and the reporter’s record (including a transcription of the indigence hearing) shall be filed within fifty days after the date of this Order.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal abated

Order issued and filed February 27, 2008

[CV06]