Court of Civil Appeals of Texas, 2022

in the Interest of N.J.E. Jr., N.J.E., E.M.E., and E.J.E.

in the Interest of N.J.E. Jr., N.J.E., E.M.E., and E.J.E.
Court of Civil Appeals of Texas · Decided January 28, 2022

in the Interest of N.J.E. Jr., N.J.E., E.M.E., and E.J.E.

Opinion

COURT OF APPEALS REBECA C. MARTINEZ FOURTH COURT OF APPEALS DISTRICT MICHAEL A. CRUZ, CHIEF JUSTICE CADENA-REEVES JUSTICE CENTER CLERK OF COURT PATRICIA O. ALVAREZ 300 DOLOROSA, SUITE 3200 LUZ ELENA D. CHAPA SAN ANTONIO, TEXAS 78205-3037 IRENE RIOS WWW.TXCOURTS.GOV/4THCOA.ASPX TELEPHONE BETH WATKINS (210) 335-2635 LIZA A. RODRIGUEZ LORI I. VALENZUELA FACSIMILE NO. JUSTICES (210) 335-2762

January 28, 2022 Audrey E. Manriquez M. Cecilia Hellrung Department of Family and Protective Attorney at Law Services 2600 McCullough Avenue Dolorosa, 5th Floor San Antonio, TX 78212 San Antonio, TX 78205 * DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL * Jay Brandon Georgina Escobedo Assistant District Attorney Fridell Street Paul Elizondo Tower San Antonio, TX 78237 101 W. Nueva, 3rd Floor * DELIVERED VIA E-MAIL & San Antonio, TX 78205 POSTAL * * DELIVERED VIA E-MAIL * RE: Court of Appeals Number: 04-21-00502-CV Trial Court Case Number: 2020PA01973 Style: In the Interest of N.J.E. Jr., N.J.E., E.M.E., and E.J.E.

Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.

If you should have any questions, please do not hesitate to contact me.

Very truly yours, MICHAEL A. CRUZ, Clerk of Court

_____________________________ Veronica L. Gonzalez Deputy Clerk, Ext. 5-3220

cc: Joe D. Gonzales (DELIVERED VIA E-MAIL) Ryan G. Anderson (DELIVERED VIA E-MAIL) Shawn Sheffield (DELIVERED VIA E-MAIL) Fourth Court of Appeals San Antonio, Texas January 28, 2022 No. 04-21-00502-CV IN THE INTEREST OF N.J.E. JR., N.J.E., E.M.E., AND E.J.E., From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2020PA01973 Honorable Kimberly Burley, Judge Presiding

ORDER Appellant G.E. appeals the trial court’s termination of his parental rights. Appellant’s court-appointed attorney has filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which she asserts there are no meritorious issues to raise on appeal. We have held that in parental-termination appeals, a procedure akin to Anders is necessary to best protect the statutory right to counsel on appeal, to provide a procedural mechanism for counsel to fulfill her ethical obligations, to assist the court in deciding appeals, and to provide consistent procedures for all indigent litigants. In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio 2003, no pet.); see In re P.M., 520 S.W.3d 24, 27 n.10 (Tex. 2016) (per curiam) (applying Anders procedures in appeal from order terminating parental rights). In compliance with the procedure set out in Anders, appellant’s attorney has shown that she sent a letter to appellant, which explained his right to review the record and file a pro se brief. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re A.L.H., No. 04-18-00153-CV, 2018 WL 3861695, at *2 (Tex. App.—San Antonio Aug. 15, 2018, no pet.); In re R.R., 2003 WL 21157944, at *4. In the letter to appellant, counsel stated that she had enclosed copies of the brief and motion to withdraw. See Kelly, 436 S.W.3d at 313; In re A.L.H., 2018 WL 3861695, at *2; In re R.R., 2003 WL 21157944, at *4.

Counsel also enclosed a copy of a form motion for access to the appellate record. See Kelly, 436 S.W.3d at 313; In re A.L.H., 2018 WL 3861695, at *2; In re R.R., 2003 WL 21157944, at *4. If appellant wishes to review the appellate record, she must file a motion within ten days from the date of this order.

Further, if appellant desires to file a pro se brief, we ORDER that she do so on or before February 17, 2022. If appellant files a pro se brief, appellee may file a responsive brief no later than twenty days after the date appellant’s pro se brief is filed in this court. We ORDER the motion to withdraw, filed by appellant’s counsel, to be HELD IN ABEYANCE pending further order of the court. _________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of January, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court MINUTES Court of Appeals Fourth Court of Appeals District San Antonio, Texas January 28, 2022 No. 04-21-00502-CV IN THE INTEREST OF N.J.E. JR., N.J.E., E.M.E., AND E.J.E., From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2020PA01973 Honorable Kimberly Burley, Judge Presiding

ORDER Appellant G.E. appeals the trial court’s termination of his parental rights. Appellant’s court-appointed attorney has filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which she asserts there are no meritorious issues to raise on appeal. We have held that in parental-termination appeals, a procedure akin to Anders is necessary to best protect the statutory right to counsel on appeal, to provide a procedural mechanism for counsel to fulfill her ethical obligations, to assist the court in deciding appeals, and to provide consistent procedures for all indigent litigants. In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio 2003, no pet.); see In re P.M., 520 S.W.3d 24, 27 n.10 (Tex. 2016) (per curiam) (applying Anders procedures in appeal from order terminating parental rights). In compliance with the procedure set out in Anders, appellant’s attorney has shown that she sent a letter to appellant, which explained his right to review the record and file a pro se brief. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re A.L.H., No. 04-18-00153-CV, 2018 WL 3861695, at *2 (Tex. App.—San Antonio Aug. 15, 2018, no pet.); In re R.R., 2003 WL 21157944, at *4. In the letter to appellant, counsel stated that she had enclosed copies of the brief and motion to withdraw. See Kelly, 436 S.W.3d at 313; In re A.L.H., 2018 WL 3861695, at *2; In re R.R., 2003 WL 21157944, at *4.

Counsel also enclosed a copy of a form motion for access to the appellate record. See Kelly, 436 S.W.3d at 313; In re A.L.H., 2018 WL 3861695, at *2; In re R.R., 2003 WL 21157944, at *4. If appellant wishes to review the appellate record, she must file a motion within ten days from the date of this order.

Further, if appellant desires to file a pro se brief, we ORDER that she do so on or before February 17, 2022. If appellant files a pro se brief, appellee may file a responsive brief no later than twenty days after the date appellant’s pro se brief is filed in this court. We ORDER the motion to withdraw, filed by appellant’s counsel, to be HELD IN ABEYANCE pending further order of the court.

/s/ Liza A. Rodriguez Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of January, 2022. /s/ Michael A. Cruz MICHAEL A. CRUZ, Clerk of Court

Entered this 28th day of January, 2022. Vol _Page_

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