Court of Appeals of Texas, Eighth District, EL Paso
Appeal from the 83rd District Court of Pecos County, Texas (TC# 2849)
Before McClure, C.J., Rivera and Rodriguez, JJ.
Pending before the Court is a motion to withdraw filed by Appellant's attorney, Jim Darnell. On October 7, 2013, the Court ordered the trial court to conduct a hearing to determine certain matters in relation to that motion to withdraw. The trial court conducted the hearing and has made its findings of fact and recommendation that Mr. Darnell be allowed to withdraw. The trial court is prepared to appoint an attorney to represent Appellant in a pending trial and in this appeal, but the trial court has also been informed that Appellant's family is attempting to retain an attorney. The motion to withdraw is GRANTED.
The trial court is directed to appoint counsel to represent Appellant in order that this appeal can proceed in an orderly fashion. The Pecos County District Clerk is directed to prepare and file a supplemental clerk's record containing the order of appointment no later than January 2, 2014. Appellant's brief is due to filed no later than thirty days from the date the supplemental clerk's record is filed.
This appeal has already been delayed for various reasons. In the event Appellant's family intends to retain counsel to represent him, they must move forward without any further delay. Appellant has a right to secure counsel of his choosing, but that right is not unqualified or absolute. This right cannot be manipulated so as to obstruct the orderly procedure in the courts ...