in the Interest of J.C., Jr., a Child ( 2020 )


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  •                     In The
    Court of Appeals
    Sixth Appellate District of Texas at Texarkana
    No. 06-19-00091-CV
    IN THE INTEREST OF J.C., JR., A CHILD
    On Appeal from the County Court at Law
    Lamar County, Texas
    Trial Court No. 87472
    Before Morriss, C.J., Burgess and Stevens, JJ.
    Memorandum Opinion by Chief Justice Morriss
    MEMORANDUM OPINION
    Based on the verdict of a Hunt County jury, the trial court terminated the parental rights of
    J.C., Sr., to his child, J.C., Jr. J.C., Sr., is represented on appeal by court-appointed counsel, who
    has filed a brief in accordance with the requirements of Anders v. California, 
    386 U.S. 738
    (1967).
    His court-appointed counsel has concluded, after a review of the record, that this appeal is frivolous
    and without merit. Because we agree, we affirm the judgment of the trial court. However, in
    consideration of appointed counsel’s continuing obligation to represent J.C., Sr., for purposes of
    any further appellate review, we deny counsel’s motion to withdraw.
    The procedures set forth in Anders are applicable to an appeal from a trial court’s order
    terminating parental rights when an appellant’s appointed appellate counsel concludes that there
    are no nonfrivolous issues to assert on appeal. See In re P.M., 
    520 S.W.3d 24
    , 27 (Tex. 2016)
    (citing In re D.A.S., 
    973 S.W.2d 296
    , 297 n.10 (Tex. 1998)); In re P.M.H., No. 06-10-00008-CV,
    
    2010 WL 1794390
    , at *1 (Tex. App.—Texarkana May 6, 2010, no pet.) (mem. op.). The Anders
    brief filed by J.C., Sr.’s, counsel presents an evaluation of the record demonstrating why there are
    no arguable grounds for reversal. Counsel has established that he provided J.C., Sr., with a copy
    of his brief, provided him with a copy of the appellate record, and notified him of his right to file
    a pro se response. By letter dated November 25, 2019, this Court informed J.C., Sr., that any pro se
    response was due on or before December 16, 2019. On December 30, 2019, this Court further
    informed J.C., Sr., that the case would be set for submission on the briefs on January 21, 2020.
    We have received neither a pro se response nor a motion for extension of time to file a pro se
    response.
    2
    Court-appointed counsel’s brief meets the requirements of Anders by providing an
    evaluation of the record and stating why there are no arguable grounds for reversal on appeal. See
    
    Anders, 386 U.S. at 744
    . Having thoroughly reviewed the record and counsel’s brief, we agree
    with counsel’s assessment that the appeal is frivolous and without merit. We find nothing in the
    record that could arguably support the appeal. See 
    id. (emphasizing that
    reviewing court, not
    counsel, determines, after full examination of proceedings, whether the appeal is wholly frivolous).
    Accordingly, we affirm the trial court’s final order terminating J.C., Sr.’s, parental rights to J.C.,
    Jr.
    We deny counsel’s motion to withdraw, however. Once counsel is appointed by the trial
    court, he may be permitted to withdraw only for good cause. 
    P.M., 520 S.W.3d at 27
    . In cases
    where the Department of Family & Protective Services seeks termination of the parent-child
    relationship, “counsel’s belief that the client has no grounds to seek further review from the court
    of appeals’ decision” is not “good cause” sufficient to justify counsel’s withdrawal. 
    Id. Instead, an
    attorney’s duty to his or her client extends through the exhaustion or waiver of all appeals in
    relation to the order. 
    Id. If, after
    consultation, J.C., Sr., wishes to pursue review by the Supreme
    Court of Texas, counsel may satisfy his obligation to represent him on appeal “by filing a petition
    for review that satisfies the standards for an Anders brief.” 
    Id. at 28.
    3
    We affirm the trial court’s judgment.
    Josh R. Morriss, III
    Chief Justice
    Date Submitted:      January 21, 2020
    Date Decided:        January 29, 2020
    4
    

Document Info

Docket Number: 06-19-00091-CV

Filed Date: 1/29/2020

Precedential Status: Precedential

Modified Date: 1/29/2020