Fourth Court of Appeals

San Antonio, Texas

June 27, 2014

No. 04-14-00249-CV

IN THE INTEREST OF N.M.G., A Child,

From the 131st Judicial District Court, Bexar County, Texas

Trial Court No. 2013-PA-01311

Honorable Charles E. Montemayor, Judge Presiding

ORDER

Appellant’s court-appointed attorney has filed a brief and motion to withdraw pursuant to 

Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to 

raise on appeal. See In re RR, No. 04-03-00096-CV, 2003 WL 21157944 (Tex. App.—San 

Antonio May 21, 2003, order) (holding that Anders procedures apply to appeals from orders 

terminating parental rights), disp. on merits, 2003 WL 22080522 (Tex. App.—San Antonio Sept. 

10, 2003, no pet.) (mem. op.). Counsel certifies he has served copies of the brief and motion on 

appellant. However, although appellant’s counsel informed appellant of his right to review the 

record and file his own brief, he neither provided appellant with a copy of the record nor did he 

explain to appellant the procedure for obtaining the record. See Nichols v. State, 954 S.W.2d 83 

(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.). 

This court has long held that counsel must explain to appellant to procedure for obtaining 

the records. See Bruns, 924 S.W.2d at 177 n.1). On June 25, 2014, the Texas Court of Criminal 

Appeals held, in the context of a criminal case, that an attorney who files an Anders brief “must 

take concrete measures to initiate and facilitate the process of actuating his client’s right to 

review the appellate record, if that is what his client wishes.” Kelly v. State, No. PD-0207-13, 

2014 WL 2865901 (Tex. Crim. App. June 25, 2014). To this end the court of criminal appeals 

held that counsel who files an Anders brief must notify his client that if he wishes to review the 

record, he should “immediately file a motion for pro se access to the appellate record with the 

applicable court of appeals.” Id. Counsel should include in his notification to the client a form 

motion for this purpose, lacking only the appellant’s signature and date, and provide the mailing 

address for the applicable court of appeals. Id. Counsel should also notify the court of appeals, 

in writing that he has notified appellant of his rights and provided the above-described form. Id. 

We advise appellant’s counsel that the procedure outlines in Kelly should be followed not only in 

criminal cases, but in termination cases in which an Anders brief is filed. 

In this case, the court has requested the clerk of this court send a hard copy of the entire 

record to appellant. If appellant desires to file a pro se brief, we ORDER that he do so on or 
before July 28, 2014. We further order the motion to withdraw filed by appellant’s counsel is 

held in abeyance pending further order of the court. The State has filed a notice waiving its right 

to file a brief in this case unless appellant files a pro se brief. If appellant files a timely pro se 

brief, appellee may file a responsive brief no later than twenty days after appellant=s pro se brief 

is filed in this court. 

We order the clerk of this court to serve a copy of this order on appellant and all counsel. 

_________________________________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 27th day of June, 2014.

___________________________________

Keith E. Hottle

Clerk of Court