Simon, Thomas Allen

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,783-01
IN RE THOMAS ALLEN SIMON, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. 42908
TH
IN THE 424 DISTRICT COURT OF BURNET COUNTY
Per curiam.
OPINION
Relator filed a motion for leave to file an application for a writ of mandamus, pursuant to the
original jurisdiction of this Court. The application requests that we issue a writ of mandamus in the
underlying case, ordering the district court to vacate its order removing appointed counsel. Relator
first filed a petition for writ of mandamus in the Third Court of Appeals. In re Thomas Allen Simon,
No. 03-15-00500-CR (Tex. App.—Austin, Aug. 25, 2015) (not designated for publication). The
Court of Appeals denied relief without comment. Id.
On August 26, 2015, this Court stayed the underlying proceedings, held this application in
abeyance, and ordered the Honorable Judge of the 424th Judicial District Court of Burnet County to
respond. The court filed a response explaining that he removed appointed counsel because of
counsel’s statement that he would not be effective if the court did not grant his motion for additional
funds.
While a defendant does not have a right to counsel of choice when being appointed counsel,
once that attorney-client relationship is established, “the right-to-counsel provisions of the respective
constitutions prevents the trial court from unreasonably interfering with the counsel duly appointed.”
Stearnes v. Clinton, 780 S.W.2d 216, 223 (Tex. Crim. App. 1989). We find that counsel’s statement
regarding ineffective assistance of counsel, if not granted funds, does not rise to the level necessary
to allow the trial court to remove counsel over his client’s objection.
We conditionally grant mandamus relief and direct the Respondent to vacate his order
removing Tracy Cluck as Respondent’s appointed counsel. The writ of mandamus will issue only
in the event the Respondent fails to comply within thirty days of the date of this opinion.
Filed: November 4, 2015
Do not publish