in Re Jennifer Bowen ( 2011 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NOS. AP-76,519 & AP-76,520

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IN RE CHARLES KEVIN BOWEN AND JENNIFER BOWEN, Relators

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ON APPLICATION FOR A WRIT OF MANDAMUS

IN CAUSE NOS. 09-649-K368 & 09-650-K368

IN THE 386^th DISTRICT COURT FROM

WILLIAMSON COUNTY

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   Per curiam.

O R D E R  

   Relators filed motions for leave to file and applications for writs of mandamus, invoking our constitutional authority to issue writs of mandamus in criminal law matters. Tex. Const. art. V, § 5. The applications request that we issue writs of mandamus in the underlying cases, requiring the district judge to rescind his order disqualifying trial counsel from representing the relators in these capital murder prosecutions.

On October 6, 2010, we held Relators' motions for leave to file in abeyance and ordered the Respondent to file a response. We received a response from the Respondent on February 10, 2011, indicating reliance on the real party in interest's response that was filed in October 2010.

We grant Relators' motions for leave to file and order that these applications be filed and set for submission to determine: (1) whether Relators have a Sixth Amendment right to their retained counsel of choice, despite allegations of a potential conflict and the trial court's concern for the appearance of impropriety; and (2) whether steps can be taken to ameliorate unanticipated conflicts while preserving the Relators' right to retained counsel of choice. The parties shall brief these issues.

It appears that Relators are represented by counsel. If they are not, the trial court shall determine whether they are indigent. If Relators are indigent and desire to be represented by counsel, the trial court shall appoint attorneys to represent them. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 30 days of the date of this order, a supplemental transcript containing: a confirmation that Relators are represented by counsel; the order appointing counsel; or a statement that Relators are not indigent. All briefs shall be filed with this Court within 45 days of the date of this order. Oral argument will be heard on the first available date after the 45 days run.

Filed: March 16, 2011

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