in the Interest of L.L v. a Child ( 2022 )

Order entered November 18, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01036-CV
IN THE INTEREST OF L.L.V., A CHILD
On Appeal from the 416th Judicial District Court
Collin County, Texas
Trial Court Cause No. 416-56612-2021
ORDER
This accelerated appeal from the trial court’s order of termination was filed
by Father, an indigent inmate appearing pro se. The termination suit was brought
by Mother and her husband, who sought to adopt L.L.V. The appellate record has
been filed, partially under seal, and Father’s brief is currently due.
By motion filed November 16, 2022, Father asks the appeal be stayed. He
notes that he received a paper copy of the reporter’s record, which was not filed
under seal, from the court reporter, but he has not received a copy of the sealed
clerk’s record, even though he requested a copy from the trial court clerk. He also
notes that paper and typewriter ribbon is limited within the state prison system and
expresses concern that the lack of supplies may affect his ability to file his brief.
Finally, he notes that he did not receive the form copy of the docketing statement
required by Texas Rule of Appellate Procedure 32.1, despite our October 28, 2022
order stating that a copy was enclosed.
The termination of parental rights implicates fundamental interests. See In
re G.M., 596 S.W.2d 846, 846 (Tex. 1980). Although the appointment of counsel
in private termination cases is discretionary, see TEX. FAM. CODE ANN. § 107.021,
the circumstances presented here justify considering whether appellate counsel
should be appointed for Father. See In re KRH-B, 645 S.W.3d 892, 894 (Tex.
App.—Waco 2022, no pet.) (noting Court sought appointment of counsel to aid
appellant in prosecuting appeal); In re J.C., 250 S.W.3d 486, 489 (Tex. App.—Fort
Worth 2008, pet. denied) (noting appeal was abated for trial court to consider
discretionary appointment of counsel for appellant). Accordingly, we ORDER the
trial court to conduct a hearing, no later than November 30, 2022, to determine
whether Father should have counsel appointed for him. Should the trial court
decline to appoint counsel, the trial court shall determine whether any portion of
the sealed clerk’s record should be redacted prior to appellant receiving a copy.
Should the court determine that portions of the clerk’s record should be redacted,
the trial court shall specify which portion. The trial court shall make written
findings, and the findings shall be filed in a supplemental clerk’s record no later
than December 5, 2022. Any redacted clerk’s record, along with a reporter’s
record of the hearing, shall also be filed no later than December 5, 2022.
We note that the trial court ordered sealed “[a]ll papers and records in this
case.” Accordingly, we STRIKE the reporter’s record filed October 28, 2022 and
ORDER Destiny Moses, Official Court Reporter for the 416th Judicial District
Court, to file the record under seal with a copy of the sealing order no later than
November 23, 2022.
We DIRECT the Clerk of the Court to send a copy of this order to the
Honorable Andrea Thompson, Presiding Judge of the 416th Judicial District Court;
Collin County District Clerk Lynne Finely; Ms. Moses; and, the parties.
We ABATE the appeal to allow the trial court an opportunity to comply
with this order. It shall be reinstated no later than December 9, 2022.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE