Attorney Disciplinary Actions representation. Jenkins filed a response to the motion to disgorge. This motion was stayed pending his appeal. Jenkins appealed to the United States District Court from the order setting aside the Belileses discharge, as Case No. 09-cv-02115. On December 21, 2009, the District Court entered its Order finding that Jenkins filed his notice of appeal too late and dismissed the Belileses’ appeal. On February 22, 2010, back in the bankruptcy court, the Belileses substituted a new attorney in their case, who filed a Motion to Dismiss their case, which was granted by Order issued March 18, 2010. The U. S. Trustee obtained an Order withdrawing its Motion to Disgorge Attorney’s Fees, attaching proof from the Jenkins Law Firm, PLLC, that $1,000 has been paid to the Belileses as a full legal fee refund. As of April 21, 2010, when the Committee Complaint was filed, the Belileses had not filed or refiled any bankruptcy case, and had no legal protection offered by a discharge of debts under a bankruptcy order. CAUTION: DARRELL W. JOHNSON, Bar #65026, of Fort Smith, by Committee Consent Findings & Order filed July 16, 2010, was cautioned in Case No. CPC 2010-029, for violation of Rule 5.5(a) on a complaint from the Oklahoma Bar Association. During 2008-2009, Johnson practiced law in the district courts in two Oklahoma counties, filing signed pleadings in cases there while not licensed or admitted to do
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so. A Complaint was filed against him by the Oklahoma Bar Association on a complaint filed by Oklahoma counsel in those cases. Johnson was ordered to cease practicing law in Oklahoma until he was duly admitted by the Oklahoma Supreme Court or by pro hac vice application. Johnson admitted he had practiced law in these Oklahoma courts as charged. He explained that the bulk of his practice is in bankruptcy, and that his appearances and filings in Oklahoma courts were for clients who were going to file bankruptcy petitions through him. His filings in Oklahoma state courts were for the purpose of “buying time” to get the new client’s cases filed in federal bankruptcy court in Oklahoma, where he could practice without being admitted or licensed by the Supreme Court of Oklahoma. STEPHEN B. NISWANGER, Bar # 96012, of Little Rock, was cautioned by Committee Consent Findings and Order in Case No. CPC 2010-044, for violation of Rule 3.4(c). The Supreme Court referred Mr. Niswanger to the Committee for the language he used in his Petition for Rehearing and accompanying brief in Darryl V. Talley v. City of North Little Rock, Supreme Court No. 2009-11. Mr. Niswanger wrote that the Court may have used dishonest legal reasoning in reaching its decision, along with other statements questioning the Court’s decision. The cumulation of all the various statements made about the Court making erroneous decisions, having other than legal reasons, etc., made
Johnson, Smith & Associates, PLLC Certified Public Accountants
STANLEY SMITH CPA, CBA, CVA
BUSINESS VALUATION ECONOMIC DAMAGES LITIGATION SUPPORT 201 S. Chester Little Rock, AR 72201 501-372-4180 Fax 501-372-1165 stanley@johnsoncpa.net
the language and tenor of the pleading disrespectful to the Court, inappropriate, and in violation of Arkansas Supreme Court Rule 1-5, as that Rule has been interpreted to also include members of the Arkansas Supreme Court. n
TSCHIEMER LEGAL BRIEFING QUALITY, CONSISTENCY AND REASONABLE PRICES “HANDLING ALL YOUR BRIEFING NEEDS” • Writing briefs to the Arkansas Court of Appeals and Arkansas Supreme Court, the federal circuits and the U.S. Supreme Court. • Shorter projects undertaken include motions in limine, summary judgment, trial briefs, and general legal research. • From the author of “Weekly Case Summaries,” available for members of the Arkansas Bar Association on its web site. • For a list of decisions, see the web site of Tschiemer Legal Briefing, as updated when the appellate courts are in session.
Robert S. Tschiemer, Ark. Bar 84148 43001 Hwy. 89 N. • Mayflower, AR 72106 • (501) 951-3303, (fax) (501) 325-1235 robert@tschiemerlegalbriefing.com • www.tschiemerlegalbriefing.com Vol. 45 No. 4/Fall 2010 The Arkansas Lawyer
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