Moore v. Ark. Dep't of Human Servs.

Summary

The Supreme Court of Arkansas granted Evette Moore’s motion for rule on clerk and treated it as a motion for belated appeal. The court accepted counsel’s admission of fault for failing to timely file the record and for noncompliance with Arkansas Supreme Court Rule 6-9(b)(2)(D), and directed that a copy of the opinion be forwarded to the Committee on Professional Conduct.

Holdings

1. When an appeal is not timely perfected, the appellant or attorney must either candidly admit fault or demonstrate good reason for the untimely perfection. Because counsel admitted fault for the failure to timely file the record, the court granted relief.
2. A motion for rule on clerk addressing counsel's noncompliance with the appellate rules may also be treated as a motion for belated appeal, and the motion should be granted when counsel candidly admits responsibility for the failure to perfect the appeal.
3. The notice of appeal and designation of the record must be signed by an adult appellant and the appellant's counsel. Moore's failure to sign the notice constituted noncompliance, but relief was granted because counsel admitted fault.

Questions Presented

1. Whether the motion for rule on clerk should be granted when counsel admits fault for failing to timely file the record.
2. Whether the motion should also be treated as a motion for belated appeal because of noncompliance with the appellate-rule requirements.
3. Whether the failure of the appellant to sign the notice of appeal under Arkansas Supreme Court Rule 6-9(b)(2)(D) warranted relief.

Disposition

other