PER CURIAM

This is a contempt proceeding ancillary to Courtney Benjamine Brissette's appeal from a judgment of conviction for sexual assault. The subject of this proceeding is Mr. J. W. Howeth, appellant's retained counsel.

Brissette was convicted and sentenced to six years' imprisonment on September 29, 2004. The appellate record was filed in February 2005. On June 17, 2005, after Howeth failed to file a brief or respond to the Clerk's notice that his brief was overdue, the Court abated the appeal for a hearing in the district court pursuant to rule 38.8. Tex. R. App. P. 38.8. The hearing was set for several different dates, but Howeth failed to appear for any of them. Finally, on May 25, 2006, this Court ordered Howeth to file a brief no later than June 16, 2006. When Howeth failed to comply with this order, he was ordered to appear in person before this Court on July 11, 2006, to show cause why he should not be held in contempt and sanctions imposed. Howeth failed to appear as ordered.

By his conduct, Howeth has displayed obvious contempt for this Court. More troubling, however, is Howeth's failure to carry out his professional responsibilities to his client. ⁽¹⁾

We hold that J. W. Howeth is in contempt of this Court and order him fined in the amount of $500.00. Payment of this fine shall be made to the Clerk no later than July 28, 2006.

Although we respect Brissette's right to counsel of his choice, Howeth's continued representation serves neither Brissette's interest nor the interest of justice in this cause. Therefore, the district court is ordered to appoint counsel to effectively represent Brissette by filing a brief in his behalf. The order appointing counsel shall be forwarded to the Clerk in a supplemental record no later than July 28, 2006.

The Clerk shall deliver a copy of this order to the Chief Disciplinary Counsel of the State Bar of Texas.

It is ordered July 25, 2006.

Before Chief Justice Law, Justices Puryear and Pemberton

Do Not Publish

1. The record reflects that Brissette is in prison.