Summary
The Arkansas Supreme Court granted attorney Donny G. Gillaspie’s motion to stay professional-discipline sanctions pending appeal. The stay was conditioned on posting a $5,000 appeal bond and would be dissolved if additional formal disciplinary complaints were filed during the stay; the court also directed an expedited briefing schedule.
Topics
Practice areas
Questions Presented
- Whether the sanctions imposed by the Arkansas Supreme Court Committee on Professional Conduct should be stayed pending Gillaspie's appeal.
- Whether the stay should be conditioned on an appeal bond and dissolution upon the filing of additional formal disciplinary complaints.
Holdings
- The court granted Gillaspie's motion to stay the sanctions pending appeal.
- The stay was conditioned on Gillaspie's posting a $5,000 appeal bond and was subject to dissolution if any additional formal disciplinary complaints were filed against him during the stay.
Key quotations
“Based on the foregoing, we grant the motion to stay the sanctions pending appeal.” (354 Ark. 9)
“As in Breckenridge, the stay is conditioned on Gillaspie’s posting of an appeal bond of $5,000, and the stay will be dissolved if any additional formal complaints are filed against Gillaspie during the stay.” (354 Ark. 9)
Factual background
Gillaspie, a sole-practitioner attorney, failed to timely file a notice of appeal for a criminal client and later failed to respond to the Committee's formal disciplinary complaint. The Committee imposed suspensions and a fine, and Gillaspie asserted that an immediate suspension would irreparably harm approximately fifty criminal defendants whose cases were pending in Arkansas, Texas, and federal court. He also asserted that withdrawal would cause delays because successor counsel would need to become familiar with the cases.
Procedural history
After Gillaspie failed to timely file a criminal defendant's notice of appeal, the Arkansas Supreme Court granted a belated-appeal motion and referred the matter to the Committee on Professional Conduct. The Committee suspended Gillaspie's license for violations of Model Rules 1.3 and 8.4(d), imposed a separate six-month suspension and a $2,500 fine for his failure to respond to the formal complaint, and denied reconsideration. While his appeal of the Committee's final order was pending, Gillaspie sought an expedited stay of the sanctions.
Remand instructions
The Clerk was directed to set an expedited briefing schedule for the appeal. The stay would be dissolved if Gillaspie failed to satisfy its stated conditions or if an additional formal disciplinary complaint was filed during the stay.