Michele Shimek v. Texas Comptroller of Public Accounts

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00363-CV
In re Alfonso Kennard, Jr. and Daniel J. Salas
Michele Shimek, Appellant
v.
Texas Comptroller of Public Accounts, Appellee
FROM THE 98TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-15-001681
THE HONORABLE DUSTIN M. HOWELL, JUDGE PRESIDING
ORDER TO SHOW CAUSE
PER CURIAM
This is a contempt proceeding ancillary to the appeal of Michele Shimek. The
subjects of this proceeding are Alfonso Kennard, Jr. and Daniel J. Salas, appellant’s attorneys.
Appellant filed her notice of appeal on May 28, 2019, and her brief was due on
July 26, 2019. On October 30, 2019, we ordered counsel to file either a motion for extension of
time or a brief accompanied by a motion for extension of time, or if they no longer intend to
represent appellant, a motion to withdraw that complies with Texas Rule of Appellate Procedure
6.5, no later than November 12, 2019. We also cautioned counsel Kennard and Salas that the
Texas Disciplinary Rules of Professional Conduct govern their relationship with appellant,
including their responsibilities under Rule 1.01 and Rule 1.03. See Tex. Disciplinary Rules
Prof’l Conduct R. 1.01(b)-(c) (requiring competent and diligent representation), R. 1.03(a)
(requiring lawyer to keep client reasonably informed about status of matter and to promptly
comply with reasonable requests for information), reprinted in Tex. Gov’t Code, tit. 2, subtit. G,
app. A (Tex. State Bar R. art. X, § 9). To date, Kennard and Salas have not responded to
our order.
Therefore, it is hereby ordered that Alfonso Kennard, Jr. and Daniel J. Salas
shall both appear in person before this Court on Wednesday, December 4, 2019, at
9:00 a.m., in the Third Court of Appeals courtroom, located on the first floor of the Price Daniel,
Sr. Building, 209 West 14th Street, in Austin, Travis County, Texas, to show cause why they
should not be held in contempt and have sanctions imposed for their failure to obey our
October 30, 2019 order. This order to show cause will be withdrawn, and Kennard and Salas
will be relieved of their obligation to appear before this Court as ordered above if the Clerk of
this Court receives either a motion for extension of time or a brief accompanied by a motion for
extension of time, or if they no longer intend to represent appellant, a motion to withdraw that
complies with Texas Rule of Appellate Procedure 6.5, on or before December 2, 2019.
It is ordered on November 15, 2019.
Before Chief Justice Rose, Justices Triana and Smith
2