in the Interest of H. N. H., a Child

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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In the Interest of H. N. H., a Child, No. 08-17-00233-CV
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Appellant. Appeal from the
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388th District Court
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of El Paso County, Texas
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(TC# 2010CM1478)
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ORDER
By rule of the Texas Supreme Court, this appeal is subject to a super-accelerated timetable
and it must be disposed of within 180 days from the date of filing. See TEX.R.JUD’L ADMIN. 6.2.
On December 21, 2017, the trial court entered an order finding that Appellant can afford to pay
the costs of this appeal. Appellant did not challenge this determination. Consequently, Appellant
is required to pay for the reporter’s record. On December 28, 2017, we issued an order requiring
Appellant to make financial arrangements to pay for the record by January 6, 2018 and establishing
the due date for the reporter’s record as January 21, 2018. The order also directed Appellant to
notify the Court is no reporter’s record was going to be filed. Further, the order provided that if
no reporter’s record was filed, the Appellant’s brief would be due on January 26, 2018. The
reporter’s record was not filed. On January 25, 2018, the court reporter notified the Court that
Appellant has not made financial arrangements to pay for the reporter’s record. Further, Appellant
has not filed her brief or a motion requesting an extension of time to file the brief, and counsel has
not responded to the Court’s inquiries regarding the late brief.
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The Court concludes that the reporter’s record has not been filed due to the fault of the
Appellant. See TEX.R.APP.P. 37.3(c)(2). Under Rule 37.3(c), the Court would ordinarily give
Appellant notice that the case will be submitted without a reporter’s record and the appeal will be
restricted to those issues which do not require a reporter’s record for a decision. Even though this
is a civil appeal, Appellant has a right to the effective assistance of counsel on appeal, and the
Court is obligated to ensure that this right is being honored. Given that Appellant’s brief has not
been filed and Appellant’s counsel has failed to respond to the Court’s inquiries regarding the
brief, we find it necessary to order the trial court to conduct a hearing to determine why the brief
has not been filed.
It is therefore ORDERED that the trial judge conduct a hearing to determine whether
Appellant desires to prosecute her appeal, and if she does, whether Appellant has been deprived
of effective assistance of counsel. Because the appeal is super-accelerated, the Court requests that
the trial court conduct the hearing as soon as possible, but no later than 21 days from the date of
this order. The trial court is authorized to hear evidence and to make appropriate findings and
recommendations. The trial judge shall take such measures as may be necessary to assure effective
assistance of counsel, which may include appointment of appellate counsel. The trial court’s
written findings and any orders shall be included in a supplemental clerk’s record and forwarded
to the Court for filing on or before March 11, 2018. The reporter’s record of the hearing is due to
be filed no later than seven days after the hearing. The motion to dismiss filed by Appellee on
February 7, 2018 will not be acted upon until after the Court has had an opportunity to review the
record of the hearing and the trial court’s findings.
IT IS SO ORDERED this 9th day of February, 2018.
PER CURIAM
Before McClure, C.J., Rodriguez and Palafox, JJ.
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