Summary
The Supreme Court of Arkansas denied Kevin McKenzie's attorney's second motion to withdraw as counsel and motion for rule on the clerk. The court held that counsel failed to comply with its prior order requiring association with an Arkansas-licensed attorney and an affidavit accepting responsibility for the untimely filing of the record, while allowing thirty days to cure the deficiency.
Topics
Practice areas
Questions Presented
- Whether counsel's second motion to withdraw complied with the Supreme Court's prior order and Rule XIV.
- Whether the appellant was entitled to a motion for rule on the clerk when counsel had not accepted full responsibility for the untimely filing of the record.
Holdings
- The second motion to withdraw was deficient because counsel did not file it jointly with an Arkansas-licensed attorney as required by Rule XIV and the court's prior order.
- The motion for rule on the clerk was denied because counsel failed to accept full responsibility for the untimely filing and the record was filed by a person not admitted to practice in Arkansas.
Key quotations
“If appellant's attorney shall file within thirty days from the date of this per curiam order a motion and affidavit in this case accepting full responsibility for not timely filing the record, the motion will be granted, and a copy of the opinion will be forwarded to Tennessee's Committee on Professional Conduct.” (174)
“Failure to timely file the required motion and affidavit will require a hearing to show cause why Mr. Waldman should not be held in contempt of this Court.” (174)
Factual background
Appellant's record was not timely filed. Appellant's attorney, Charles E. Waldman, associated with Alvin Q. Malone, who was licensed in Arkansas, during the trial proceedings, but Waldman did not file the required motion jointly with Malone. The record was filed by a person not admitted to practice in Arkansas, and Waldman did not submit an affidavit accepting full responsibility for the untimely filing.
Procedural history
The case arose from proceedings in Crawford County Circuit Court. The Supreme Court had previously denied counsel's motion to withdraw because it did not comply with Rule XIV and did not include an affidavit accepting responsibility for the untimely filing of the transcript. Counsel filed the present second motion but again failed to associate with an Arkansas-licensed attorney and filed the record through a person not admitted to practice in Arkansas. The Supreme Court denied the present motions, while allowing that a compliant motion and affidavit filed within thirty days would result in granting the motion for rule on the clerk.