Ex Parte Sharon Kay Hammond ( 1994 )

Ex parte Hammond

IN THE

TENTH COURT OF APPEALS

No. 10-94-046-CV

EX PARTE SHARON KAY HAMMOND

Original Proceeding

O P I N I O N

      Relator Sharon Kay Hammond filed an application for writ of habeas corpus alleging that she was illegally confined and restrained of her liberty in the Ellis County jail pursuant to a contempt judgment and a commitment order resulting from her failure to pay child support. She alleges the contempt judgment and commitment order are void because the trial court failed to inform Relator of her right to be represented by counsel and of her right to the appointment of an attorney if she was found to be indigent. She further alleges that the trial court failed to inquire about her financial status, and provide her with an opportunity, if she claimed indigency, to request that an attorney be appointed and to conduct a hearing to determine the question of Relator's indigency as mandated by section 14.32(f) of the Family Code. See Tex. Fam. Code Ann. §14.32(f) (Vernon 1994); Ex parte John E. Gunther, 758 S.W.2d 226-27 (Tex. 1988).

      Relator was released on bond set by this court and the matter was set for a hearing. The statement of facts shows Realtor's allegations to be true—that she was not represented by an attorney, was not advised of her right to be so represented, nor advised that one would be appointed if she were indigent.

      The real party in interest, Wesley Leroy Hammond, filed a response in which he acknowledged that the record contains no evidence that Relator was informed that if she was indigent she was entitled to have an attorney appointed by the court. Hammond admits that without such a record, in the interest of justice, Relator should be discharged from the order revoking suspension and for commitment to the county jail.

      Given Hammond's response and the record's total failure to reflect that Relator was informed of her right to counsel, we advance the case without oral argument and grant the writ. We hold that the judgment and commitment order are void and order that the Sheriff of Ellis County discharge Relator from custody.

                                                                               PER CURIAM

Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

      Writ granted

      Opinion delivered and filed June 1, 1994

      Do not publish

eal abated

Order issued and filed July 2, 2008

Do not publish