Do I have the right to a court-appointed lawyer for appeals to the Texas Supreme Court?
This question has been addressed in 2 Texas court opinions:
Ougo Menchaca Vela v. The State of Texas
COA13 — January 29, 2026
In this criminal appeal, Appellant Ougo Menchaca Vela challenged his conviction and twenty-year sentence for indecency with a child. His court-appointed counsel filed an Anders brief, asserting that the appeal was frivolous and presented no arguable grounds for reversal. The Thirteenth Court of Appeals conducted an independent review of the entire record, including the jury's verdict and the legality of the sentence, as required by Texas appellate standards. The court concluded that there were no procedural or substantive errors and affirmed the trial court's judgment while granting counsel's motion to withdraw.
Litigation Takeaway
“An Anders affirmance of a criminal conviction for a sexual offense against a child provides the necessary finality to trigger mandatory termination grounds and conservatorship restrictions under the Texas Family Code. For family law practitioners, this opinion eliminates a respondent's ability to stay civil proceedings pending appeal, allowing for immediate summary judgment on predicate grounds like TFC § 161.001(b)(1)(L).”
In the Matter of F.M., A Juvenile
COA12 — February 18, 2026
A juvenile, F.M., appealed a trial court order transferring him from the Texas Juvenile Justice Department (TJJD) to the Texas Department of Criminal Justice (TDCJ) to serve the remainder of an 18-year sentence for aggravated robbery. The Twelfth Court of Appeals reviewed the juvenile's behavioral record—which included 71 incidents and a failure to complete violent offender treatment—and determined the trial court did not abuse its discretion in ordering the transfer. Crucially, the court also addressed whether appointed counsel could withdraw after filing an Anders brief (a brief stating the appeal is frivolous). Drawing a parallel to parental termination cases under In re P.M., the court held that the statutory right to counsel in juvenile proceedings extends through the filing of a petition for review in the Texas Supreme Court. Consequently, the court affirmed the transfer but denied the attorney's motion to withdraw.
Litigation Takeaway
“In cases involving appointed counsel under the Texas Family Code (including juvenile and termination matters), an Anders brief is not an immediate exit strategy. Counsel's duty of representation is "sticky" and persists through the petition for review stage in the Texas Supreme Court; you must remain appointed to assist the client with further review if they request it, even if you believe the appeal lacks merit.”