in the Interest of A.E.J. and V.N.J., Minor Children ( 2020 )

NUMBER 13-19-00406-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE INTEREST OF A.E.J. AND V.N.J., MINOR CHILDREN
On Appellant J.B.J.’s Motion for Access to Appellate Record and
Motion for Extension of Time to File Pro Se Response.
ORDER
Before Chief Justice Contreras and Justices Longoria and Perkes
Order Per Curiam
This is an appeal of an order terminating parental rights. Currently pending before
the Court are appellant J.B.J.’s pro se motions for access to the appellate record and for
extension of time to file response. Appellant’s counsel has filed an Anders brief in this
cause and appellant requests access to the appellate record so that he may file a pro se
response to the Anders brief.
We note that the Texas Court of Criminal Appeals has held that an appellant’s pro
se response to an Anders brief “need not comply with the rules of appellate procedure in
order to be considered. Rather, the response should identify for the court those issues
which the indigent appellant believes the court should consider in deciding whether the
case presents any meritorious issues.” In re Schulman, 252 S.W.3d 403, 409 n.23 (Tex.
Crim. App. 2008). If, after reviewing appellant’s pro se response, this Court determines
that there are meritorious issues for appeal, we may direct the trial court to appoint new
appellate counsel to fully brief those issues.
We further note that, because this appeal concerns the termination of parental
rights, it is subject to special expedited deadlines and procedures. See TEX. R. APP. P.
28.4; TEX. R. JUD. ADMIN. 6.2(a). The intermediate appellate courts are directed to ensure
“so far as reasonably possible” that these appeals are brought to final disposition within
180 days of the date the notice of appeal is filed. TEX. R. JUD. ADMIN. 6.2(a).1
In light of the foregoing, we hereby GRANT appellant’s motions and ORDER the
trial court to ensure that appellant J.B.J. has the opportunity to fully examine the appellate
record on or before January 15, 2020. We further ORDER the trial court to notify this
Court as to the date upon which the appellate record was made available to appellant
J.B.J. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014). Appellant shall file his
pro se response to the Anders brief, if any, within TEN days of the date the record is made
available to him pursuant to this order.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the 2nd
day of January, 2020.
1 Under the rule, we are directed to ensure that this case is disposed of before February 14, 2020.
Given the time constraints, this order must be strictly adhered to.
2