In the Interest of J.J. and L.J., Children

Summary

The Texas Court of Appeals for the Sixth District affirmed the termination of Father's parental rights to J.J. and L.J. Father argued that his appointed counsel provided ineffective assistance because counsel had previously represented Mother, creating a conflict of interest. The court held that Father failed to establish either deficient performance or prejudice under the Strickland test.

Holdings

1. Father failed to establish that counsel's performance was deficient. The silent record did not affirmatively demonstrate an actual conflict, unreasonable performance, or conduct so outrageous that no competent attorney would have engaged in it.
2. Father was required to show both deficient performance and prejudice. The court declined to recognize an exception to Strickland's prejudice requirement for an alleged conflict of interest in a parental-rights termination case.
3. Father failed to establish prejudice because his own testimony supported multiple statutory termination grounds and the best-interest finding, leaving no reasonable probability that the result would have been different.

Questions Presented

1. Whether Father's appointed counsel rendered ineffective assistance by continuing to represent Father after previously representing Mother and allegedly facing a conflict of interest.
2. Whether Father was required to establish prejudice under the second prong of Strickland for an ineffective-assistance claim based on an alleged conflict of interest in a parental-rights termination proceeding.
3. Whether the appellate record affirmatively demonstrated deficient performance or a reasonable probability that the termination result would have been different.

Disposition

affirmed