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In the Interest of J.J.

April 11, 2013

IN THE INTEREST OF J.J., A CHILD,


From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2011-PA-02163 Honorable Richard Garcia, Judge Presiding

The opinion of the court was delivered by: Karen Angelini, Justice

ORDER

Appellant appeals the trial court's final order in a case governed by chapter 263 of the Texas Family Code. Appellant's court-appointed attorney has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. In In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.---San Antonio 2003, no pet.), we held that in cases governed by chapter 263, 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 his ethical obligations, to assist the court in deciding appeals, and to provide consistent procedures for all indigent litigants. In compliance with the procedure set out in Anders, appellant's attorney has informed appellant of his right to file his own brief. Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.---San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.---San Antonio 1996, no pet.).

If appellant desires to file a pro se brief, he must do so on or before April 30, 2013. 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.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of April, 2013.

Keith E. HottleClerk of Court

20130411

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