Ex parte Walker, No. 05-87-01286-CV
| Court | Court of Appeals of Texas |
| Writing for the Court | BAKER |
| Citation | 748 S.W.2d 21 |
| Parties | Ex parte Michael Terry WALKER, Relator. |
| Docket Number | No. 05-87-01286-CV |
| Decision Date | 19 February 1988 |
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Dallas.
James N. Walker, Dallas, for relator.
Anne Turner, Dallas, for respondent.
Before HOWELL, HECHT and BAKER, JJ.
BAKER, Justice.
This is an original habeas corpus proceeding by which relator Michael Terry Walker seeks his release from the Dallas County jail. The matter arises out of a child support contempt case. Relator asserts four points of error before this court contending the trial court erred: (1) by failing to hear evidence of his inability to pay the child support obligations; (2) by failing to appoint counsel for him because of the constitutional mandate for counsel in contempt hearings; (3) by imposing upon him the burden of proving inability to pay the child support arrearages; and (4) by failing to find that he sustained his burden of proving his inability to pay back-child-support. Because we find that relator's Sixth Amendment right to counsel in this matter was violated we grant the writ and order the relator discharged.
On February 10, 1983, a final judgment was entered in the 303rd Judicial District Court of Dallas County in the matter of the marriage of Paula and Michael Terry Walker. Part of this final decree required relator to pay child support to his ex-wife. On October 6, 1986, a modified order was entered in the case requiring relator to pay $350.00 per month in child support.
On September 25, 1987, relator's ex-wife filed her motion to hold him in contempt for failure to pay child support totaling $1,750.00 and requested interest, attorney's fees and costs. This motion was heard by
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the trial court on October 19, 1987. Relator appeared pro se. The court held relator in contempt for failure to pay the child support payments as alleged by his ex-wife. Relator was ordered confined in the Dallas County jail for a period of sixty days with work release approved. This order also required relator to be further confined until he had: (1) paid $2,100.00 to his ex-wife; (2) paid a $36.00 collection fee to the Dallas County Child support office; (3) paid $240.00 to the District Clerk of Dallas County as costs of this proceeding; and (4) paid $800.00 to his ex-wife's attorney as a cost of the proceeding.Relator challenges his confinement on several grounds, the principal one of which is that the contempt decree is void because he was indigent and not afforded assistance of counsel at the contempt hearing, and did not knowingly, intelligently, and voluntarily waive his right to counsel.
The United States Constitutional guarantee of due process under the Fourteenth Amendment incorporates the Sixth Amendment assurance that the accused in a criminal prosecution has the right to counsel. This imposes a duty on the State to provide counsel to a person accused who, because of indigence, cannot afford a lawyer. Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972). This right extends to every case in which the litigant may be deprived of his personal liberty if he loses. Lassiter v. Department of Social Services, 452...
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Bankhead v. Spence, No. 10-09-00171-CV.
...v. Baker, 720 F.2d 1409, 1413 (5th Cir.1983); United States v. 1604 Oceola, 803 F.Supp. 1194, 1196 (N.D.Tex.1992); Ex parte Walker, 748 S.W.2d 21, 22 (Tex.App.-Dallas 1988, no writ); Op. Tex. Att'y Gen. No. JM-403 (1985). The Texas constitution has not been interpreted differently in this r......
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Cox v. Simmons, No. 07-07-0320-CV (Tex. App. 8/24/2007), No. 07-07-0320-CV.
...§ 14.32(f)). When the issue of indigency is raised, the trial court is obligated to inform the respondent of that right. Ex parte Walker, 748 S.W.2d 21, 22 (Tex.App.-Dallas 1988, no writ). Additionally, unless such advice is given, a party's failure to request counsel is not a waiver of his......
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E T J v. State, No. 05-88-00390-CV
...of counsel, regardless of whether that proceeding is considered "civil," "criminal," or "quasi-criminal" in nature. Ex parte Walker, 748 S.W.2d 21, 22 (Tex.App.--Dallas 1988, orig. proceeding). "[C]ivil labels and good intentions do not themselves obviate the need for criminal due process s......
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Ex parte Occhipenti, No. 01-90-00489-CV
...trial court failed to comply with section 14.32(f), a procedural irregularity. See Ex parte Linder, 783 S.W.2d at 759; Ex parte Walker, 748 S.W.2d 21, 22 (Tex.App.--Dallas 1988, orig. proceeding) (unless an indigent obligor is advised of his right to court-appointed counsel, his failure to ......
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Bankhead v. Spence, No. 10-09-00171-CV.
...v. Baker, 720 F.2d 1409, 1413 (5th Cir.1983); United States v. 1604 Oceola, 803 F.Supp. 1194, 1196 (N.D.Tex.1992); Ex parte Walker, 748 S.W.2d 21, 22 (Tex.App.-Dallas 1988, no writ); Op. Tex. Att'y Gen. No. JM-403 (1985). The Texas constitution has not been interpreted differently in this r......
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E T J v. State, No. 05-88-00390-CV
...of counsel, regardless of whether that proceeding is considered "civil," "criminal," or "quasi-criminal" in nature. Ex parte Walker, 748 S.W.2d 21, 22 (Tex.App.--Dallas 1988, orig. proceeding). "[C]ivil labels and good intentions do not themselves obviate the need for criminal due process s......
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Cox v. Simmons, No. 07-07-0320-CV (Tex. App. 8/24/2007), No. 07-07-0320-CV.
...§ 14.32(f)). When the issue of indigency is raised, the trial court is obligated to inform the respondent of that right. Ex parte Walker, 748 S.W.2d 21, 22 (Tex.App.-Dallas 1988, no writ). Additionally, unless such advice is given, a party's failure to request counsel is not a waiver of his......
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Ex parte Occhipenti, No. 01-90-00489-CV
...trial court failed to comply with section 14.32(f), a procedural irregularity. See Ex parte Linder, 783 S.W.2d at 759; Ex parte Walker, 748 S.W.2d 21, 22 (Tex.App.--Dallas 1988, orig. proceeding) (unless an indigent obligor is advised of his right to court-appointed counsel, his failure to ......