Kevin McKenzie, a/k/a Keith Barrett v. State of Arkansas

Summary

The Supreme Court of Arkansas denied counsel's motion to withdraw and motion for rule on the clerk after finding that the record was untimely filed because out-of-state counsel attempted to file it without associating with Arkansas counsel. The court ordered counsel to appear and show cause why he should not be held in contempt for refusing to accept responsibility and comply with prior orders.

Holdings

1. The clerk properly declined to file the record because Waldman was not licensed in Arkansas and did not appear with an attorney licensed to practice there.
2. The motion to withdraw as counsel and the motion for rule on the clerk were denied because counsel refused to accept responsibility for the untimely filing and refused to comply with the court's prior orders requiring participation by Arkansas counsel.
3. Counsel was ordered to appear before the Supreme Court to show cause why he should not be held in contempt for refusing to comply with the court's prior orders.

Questions Presented

1. Whether appellant's out-of-state attorney should be permitted to withdraw as counsel after failing to comply with Arkansas filing and admission requirements.
2. Whether the court should grant a rule on the clerk concerning the untimely filing of the record.
3. Whether counsel's repeated refusal to comply with the court's orders warranted an order to show cause for contempt.

Disposition

other