in the Interest of J.L.R., a Child
11-16-00350-CV
| Tex. App. | Jun 15, 2017Background
- Trial court in Ector County terminated parental rights of mother and fathers of four children across three separate causes; the mother appealed each termination.
- The mother was represented by court-appointed counsel in each appeal, who filed motions to withdraw and Anders-style briefs concluding the appeals were frivolous.
- Counsel provided the mother with copies of the clerk’s and reporter’s records and informed her of her right to file a pro se response; the mother filed pro se responses asking for another chance and expressing willingness to comply to regain custody.
- The court of appeals conducted an independent review of the records as required by Anders/Schulman.
- The court agreed the appeals lacked arguable merit and dismissed them, but—citing In re P.M.—denied counsel’s motions to withdraw as premature.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appeals present arguable grounds | Mother: challenges termination and seeks custody (asks for another chance) | Counsel: record and law show no non-frivolous issues to raise | Court: independent review finds no arguable merit; appeals dismissed |
| Whether Anders-style withdrawal is proper in court of appeals | Mother: implicitly wants representation preserved to pursue relief | Counsel: filed Anders brief and motion to withdraw as duties satisfied | Court: Anders brief adequate for merits review but withdrawal denied as premature under P.M. |
| Whether counsel satisfied duties to client re: records and notice | Mother: requested access and filed pro se response | Counsel: provided record copies, explanatory letter, and notice of rights per Kelly | Court: counsel complied with Anders/Schulman/Kelly requirements |
| Proper disposition of counsel’s motion to withdraw | Mother: by filing pro se response seeks continued counsel oversight | Counsel: seeks withdrawal after filing Anders brief | Court: deny motions to withdraw; dismiss appeals on merits |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (requires counsel who seeks to withdraw on grounds appeal is frivolous to file brief identifying anything arguable in the record)
- In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008) (sets Texas procedure for Anders-style appellate counsel briefs and independent court review)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (discusses counsel’s duties when seeking to withdraw in appeals)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (requires counsel provide client access to clerk’s and reporter’s records when filing an Anders brief)