State ( 2005 )

NO. 07-05-0179-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
MAY 17, 2005
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In re T.R.G.
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FROM THE COUNTY COURT OF RANDALL COUNTY;
NO. 2005-M-055; HON. JAMES ANDERSON, PRESIDING
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ABATEMENT AND REMAND
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Before QUINN, REAVIS and CAMPBELL, JJ.
After a hearing before the trial court, T.R.G. (appellant) was adjudged to be mentally
ill and in need of treatment at North Texas State Hospital, Wichita Falls, Texas. The
treatment was not to exceed 325 days. A document which can be reasonably interpreted
as a pro se notice of appeal was filed on May 3, 2005, by T.R.G. We abate and remand
the cause to the County Court, Randall County, Texas (trial court).
In State for Best Interest and Protection of Ortiz, 640 S.W.2d 67 (Tex. App.–Amarillo
1982, no writ), we held that one adjudicated to be mentally ill via petition by the State is
entitled to the appointment of an attorney ad litem on appeal. Id. at 67. The record does
not reflect whether the trial court appointed T.R.G. such an attorney.
Accordingly, we abate the appeal and remand the cause to the trial court. Upon
remand, the trial court shall determine whether T.R.G. has been appointed an attorney ad
litem on appeal. If it determines that he has not been accorded such an attorney, it is
directed to appoint (by written order) an attorney to T.R.G. to represent his interests on
appeal. Thereafter, the trial court shall include the name, address, telephone number, and
state bar number of the appointed attorney in the order and include the order in a
supplemental clerk's record. So too is the trial court directed to cause the supplemental
clerk’s record to be filed with this court on or before Tuesday, May 31, 2005.
It is so ordered.
Per Curiam
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