Interest of C.H., J.H., E.H., I.B.H., and I.A.H. ( 2022 )

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Fourth Court of Appeals
San Antonio, Texas
July 22, 2022
No. 04-21-00240-CV
INTEREST OF C.H., J.H., E.H., I.B.H., AND I.A.H.
From the 112th Judicial District Court, Sutton County, Texas
Trial Court No. CV06287
Honorable Pedro (Pete) Gomez Jr., Judge Presiding
ORDER
Sitting: Rebeca C. Martinez, Chief Justice
Luz Elena D. Chapa, Justice
Beth Watkins, Justice
On July 7, 2022, appointed trial counsel for appellant S.H. filed a motion to withdraw
from representation because he is closing his private law practice. After consideration, we
GRANT counsel’s motion. See TEX. R. APP. P. 6.5. Because appellant is indigent, new
appellate counsel must be appointed. See TEX. FAM. CODE ANN. § 107.013 (requiring trial court
to appoint counsel to represent indigent parent in parental termination case); In re K.S.M., 61
S.W.3d 632, 633 (Tex. App.—Tyler 2001, no pet.) (“Like indigent criminal appellants, indigent
appellants challenging an order terminating their parental rights enjoy a right to counsel on
appeal.”).
Accordingly, we ORDER this appeal ABATED and REMANDED to the trial court for
appointment of new appellate counsel for S.H. by July 29, 2022. See Duncan v. State, 653
S.W.2d 38, 40 (Tex. Crim. App. 1983) (holding that appellate courts may abate appeals so that
trial court can assure appellant has effective assistance of counsel). We further ORDER the trial
court clerk to file a supplemental clerk’s record containing the trial court’s order appointing new
appellate counsel for S.H. in this court by August 5, 2022.
This is an accelerated appeal of the trial court’s order terminating appellant’s parental
rights. The disposition of this appeal is governed by the standards set forth in Rule 6.2 of the
Texas Rules of Judicial Administration. TEX. R. JUD. ADMIN. 6.2. Accordingly, this appeal is
required to be brought to final disposition within 180 days of the date the notice of appeal is
filed. Id. Given the time constraints governing the disposition of this appeal, no requests for
extensions of time will be allowed.
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It is so ORDERED on July 22, 2022.
PER CURIAM
ATTESTED TO:__________________________
MICHAEL A. CRUZ,
CLERK OF COURT