McKenzie v. State

Summary

The Arkansas Supreme Court found attorney Charles E. Waldman in contempt for failing to comply with orders requiring him to associate with an Arkansas-licensed attorney and provide an affidavit concerning the late filing of a criminal appeal record. The court concluded that Waldman had engaged in the unauthorized practice of law, enjoined him from practicing law in Arkansas until purging the contempt, removed him from representing Kevin McKenzie on appeal, and directed that the opinion be forwarded to Tennessee disciplinary authorities.

Holdings

1. Waldman violated the court's orders by repeatedly failing to associate with an Arkansas-licensed attorney and file the required affidavit accepting responsibility for the late filing.
2. Waldman engaged in the unauthorized practice of law by representing McKenzie in Arkansas without being licensed in Arkansas and without an affirmative record showing that he had been admitted pro hac vice.
3. Waldman was held in contempt, enjoined from practicing law in Arkansas until he purged the contempt by following the proper pro hac vice admission rules, and removed from representing McKenzie in the appeal.

Questions Presented

1. Whether Waldman violated the Supreme Court of Arkansas's orders by failing to file a joint motion with an Arkansas-licensed attorney and an affidavit accepting responsibility for the late filing.
2. Whether Waldman's conduct constituted the unauthorized practice of law in Arkansas.
3. Whether Waldman should be held in contempt, enjoined from practicing law in Arkansas until purging the contempt, and removed from representing McKenzie on appeal.

Disposition

other