Unreported / Non-Citable
Background
J.D. was appointed counsel before trial in this family law matter based on a determination of indigency. After J.D. filed his notice of appeal, the trial court sua sponte scheduled a hearing on his indigent status. At a June 17, 2026 hearing, the trial court determined J.D. was no longer indigent and orally discharged his appellate counsel. Critically, no party had filed a motion to reconsider J.D.’s indigency status or to discharge counsel, as required by Texas Family Code Section 107.013(e).
J.D. filed an emergency motion in the appellate court requesting that it: (1) review the trial court’s discharge order and appoint appellate counsel; (2) abate the appeal pending receipt of the reporter’s record and a signed order from the trial court; and (3) temporarily stay appellate deadlines. J.D. argued that the trial court had improperly discharged his counsel sua sponte without a proper motion from an authorized party.
The Court’s Holding
The appellate court granted J.D.’s motion in part. The court found that J.D.’s request for immediate appellate counsel appointment was premature because neither a signed discharge order nor the reporter’s record from the June 17 hearing had yet been filed with the court. However, the court recognized serious problems with the trial court’s action.
The court abated the appeal and remanded the case to the trial court with specific instructions: the trial court must enter a signed order within ten days containing its findings and conclusions supporting the discharge of J.D.’s counsel. The trial court clerk must then file a supplemental record containing that order within seven days. Once filed, the appeal will be reinstated.
The court relied on precedent establishing that: (1) under In re D.D. (Fort Worth 2025), a trial court abuses its discretion by sua sponte reconsidering indigency status without a proper motion from an authorized party; and (2) under In re P.M., 520 S.W.3d 24 (Tex. 2016), the right to court-appointed counsel for indigent parents extends through exhaustion of all appeals and counsel may be discharged only for good cause and on appropriate terms.
Key Takeaways
- Trial courts may not sua sponte reconsider a parent’s indigency determination and discharge appointed counsel without a proper motion from an authorized party under Family Code Section 107.013(e).
- The right to court-appointed counsel in family law cases extends through all appellate levels for parents determined indigent at trial.
- Appellate courts will abate proceedings when trial courts fail to enter signed orders with supporting findings and conclusions, allowing parties to develop a complete record before appellate review.
- Discharge of appointed counsel requires good cause and compliance with statutory procedures, particularly in termination of parental rights cases.
Why It Matters
This decision reinforces critical protections for indigent parents in family law proceedings. By requiring the trial court to enter a formal, signed order with findings and conclusions, the court ensures that the propriety of discharging counsel can be reviewed on appeal and that parents have adequate opportunity to develop a mandamus record if necessary. The decision reflects Texas courts’ commitment to the 180-day disposition requirement in parental-rights cases while protecting due process.
For practitioners, the decision clarifies that procedural compliance matters: a trial court’s oral discharge of counsel, without proper motion and without a signed order, does not constitute valid grounds for terminating an indigent parent’s right to representation on appeal. The case also demonstrates appellate courts’ willingness to use abatement to ensure complete records when trial courts fail to follow statutory procedures.