In re P.M.

After a retrial, a jury found that Mother had endangered her daughter and that termination of Mother’s parental rights was in the daughter’s best interest. The court of appeals affirmed. The attorney in Mother’s second appeal moved to withdraw. The court of appeals granted the motion to withdraw without considering whether new counsel should be appointed. Mother, who was indigent, filed a motion for appointment of counsel, which motion was transferred to the Supreme Court. The Supreme Court abated the case to consider the issue of Mother’s right to counsel. The Supreme Court granted counsel’s motion to withdraw and Mother’s motion for appointment of counsel, holding (1) the court of appeals did not abuse its discretion by allowing counsel to withdraw; and (2) the right to counsel under Tex. Fam. Code Ann. 107.103(a) includes all proceedings in the Court, including the filing of a petition for review, and if a court of appeals allows an attorney to withdraw, it must provide for the appointment of new counsel to pursue a petition for review. View "In re P.M." on Justia Law