right to counsel

Must Warn of Right to Counsel on Contempt

The trial court ordered a father to pay child support. When he failed to do so, the trial court held him in contempt of court but suspended his commitment to jail. Later, at a compliance hearing, the trial court committed the father to jail for failure to pay child support. The Court of Appeals granted the father's petition for writ of habeas corpus because the trial court did not admonish him of his right to counsel or seek his knowing and intelligent waiver of that right. In re: Casey, No. 01-08-00928-CV (Tex. App. - Houston [1st Dist.] Apr. 30, 2009, orig. proceeding).

Courtesy of Verner & Brumley, P.C. Dallas, Texas