Background
L.N.J. appealed a Bexar County district court order terminating her parental rights to her child, P.M.L. Her court-appointed appellate counsel filed an Anders brief and a motion to withdraw, representing that a professional review of the record revealed no arguable grounds for reversing the termination order.
Counsel provided L.N.J. with the brief and withdrawal motion, advised her of her right to review the appellate record and file a pro se brief, and explained how to obtain the record. Although L.N.J. requested the record, she did not submit a pro se brief by the court’s deadline.
The Court’s Holding
After independently reviewing the appellate record and appointed counsel’s brief, the Fourth Court of Appeals concluded that no plausible grounds existed for reversal. It therefore affirmed the order terminating L.N.J.’s parental rights.
The court denied counsel’s motion to withdraw because the motion did not establish good cause. Relying on Texas Supreme Court precedent, the court explained that appointed counsel’s obligations in a parental-termination case continue through the exhaustion or waiver of all appeals and that an appellate court should permit withdrawal only for good cause.
Key Takeaways
- Anders procedures apply to appeals from orders terminating parental rights.
- The appellate court’s independent review found no plausible ground for reversing the termination order.
- An Anders filing alone does not establish good cause for appointed counsel to withdraw before all appeals are exhausted or waived.
Why It Matters
The decision underscores that appellate courts independently review the record before affirming a parental-rights termination following an Anders brief. It also confirms that appointed counsel ordinarily remains responsible for the case through the completion or waiver of further appellate proceedings unless good cause supports withdrawal.