in the Interest of M.M., a Child ( 2018 )

Order entered August 15, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00901-CV
IN THE INTEREST OF M.M., A CHILD
On Appeal from the County Court at Law No. 1
Kaufman County, Texas
Trial Court Cause No. 97410CC
ORDER
This is an appeal from a parental termination case. Before the Court is Joanna Wray’s
August 14, 2018 motion for leave to withdraw as counsel for appellant. The record reflects the
trial court relieved Ms. Wray of her duties as appellant’s attorney on July 19, 2018.
Accordingly, we DENY the motion as moot. See TEX. FAM. CODE ANN. § 107.016(3)(C) (West
Supp. 2017). We DIRECT the Clerk of the Court to remove Ms. Wray as appellant’s counsel.
Pursuant to Texas Family Code section 107.013, we ORDER the trial court to conduct a
hearing no later than September 5, 2018 to determine whether appellant, who is presumed
indigent, desires to be represented by appointed counsel. See id. § 107.013. If appellant desires
to be represented by appointed counsel, the trial court shall appoint new counsel. If appellant
does not desire to be represented by counsel, the trial court shall advise him of the dangers and
disadvantages of self-representation. See Faretta v. California, 422 U.S. 806, 835 (1975); In re
C.L.S., 403 S.W.3d 15, 21 (Tex. App.—Houston [1st Dist.] 2012, pet. denied). The trial court
shall also advise appellant that he does not have a due process right to hybrid representation. See
Smith v. Smith, 22 S.W.3d 140, 153 (Tex. App.—Houston [14th Dist.] 2000, no pet.) (op. on
reh’g); Posner v. Dallas Cnty. Child Welfare Unit of Tex. Dep’t of Human Servs. 784 S.W.2d
585, 588 (Tex. App.—Eastland 1990, writ denied) (per curiam).
We ORDER the trial court to make written findings of fact on each of the above-
identified issues. We further ORDER a reporter’s record of the hearing and a supplemental
clerk’s record containing the trial court’s findings and any supporting documentation filed with
the Court no later than September 10, 2018.
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Deane
Loughmiller, Presiding Judge of Kaufman County Court at Law; Shelly L. Etheridge, Official
Court Reporter for Kaufman County Court at Law; Kaufman County District Clerk Rhonda
Hughey; Ms. Wray; and, the parties.
We ABATE the appeal to allow the trial court to comply with this order. It shall be
reinstated no later than September 14, 2018.
/s/ DAVID EVANS
JUSTICE