State, 14-16-00653-CV

Appeal from a probate-court order authorizing administration of psychoactive medication under the Texas Health & Safety Code.
Appellate briefing deadline passed (brief due Oct 24, 2016) and no appellant brief filed.
Appellant had counsel at the probate hearing; that lawyer informed the court he does not represent appellant on appeal.
Statute requires that a patient in such proceedings be represented by a court-appointed attorney knowledgeable about the issues, and appeals get expedited docket preference.
Court ordered the probate judge to hold a hearing to determine whether the appellant wishes to pursue the appeal and whether appellate counsel should be appointed, to create a transcript and findings, and to file those materials by Nov 23, 2016.
The appeal was abated and removed from the court’s active docket pending the trial court’s compliance; procedures for reinstatement were outlined.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appellant has counsel on appeal	Appellant (through prior counsel) implicitly seeks to appeal; needs representation	State/probate court had no appellate counsel appointed after trial counsel withdrew	Court ordered trial judge to hold hearing to determine appellant’s desire to pursue appeal and need for appointed appellate counsel
Whether the appellant is entitled to court‑appointed appellate counsel	Appellant is entitled to appointed counsel if indigent and seeks to prosecute appeal under statutory protections	State may argue appointment not yet required until appellant requests appeal	Court directed judge to appoint appellate counsel if necessary and record findings
Whether expedited treatment applies	Appellant contends statutory preference applies to appeals of medication orders	State agrees statutory preference applies to these appeals	Court noted statute requires preference and advance on docket; then abated case pending appointment and findings
Procedural remedy when appellate counsel withdraws	Appellant needs judicial inquiry and appointment process to preserve due process	State relies on lower court to correct representation gap	Court ordered specific procedures (hearing, record, findings, deadline) and abated appeal until compliance

In re Ortiz, 640 S.W.2d 67 (Tex. App.—Amarillo 1982) (State acting in parens patriae must ensure due process including legal counsel in mental health proceedings)
In re L.E.H., 228 S.W.3d 219 (Tex. App.—San Antonio 2007) (quoting Ortiz on the duty to provide counsel in mental health proceedings)