San Antonio appeals court rules juveniles have a right to counsel in the Texas Supreme Court
In re K.A.E., the 4th Court of Appeals held as a matter of first impression that indigent juveniles who are appointed appellate counsel for their appeal have a statutory right of counsel in seeking the Supreme Court of Texas' discretionary review. In reaching this conclusion, the court of appeals relied on the decisions of other intermediate appellate courts that have come to the same conclusion. The decision arose out of an Anders proceeding in which the appellate attorney appointed to represent the juvenile determined the appeal was wholly frivolous and sought to withdraw from representation on that basis. The court of appeals denied the motion to withdraw, concluding that the juvenile's right to counsel extended to the filing of a petition for review in the Supreme Court of Texas.
Read the full opinion here.