The Arkansas Lawyer - Summer 2007

Page 34

October 2006 based o n Mr. H oggard's failure to file a brief after num erous extens ions of ri me (Q do so. After the appeal was dismissed , M r. H ogga rd filed a Pecicio n co Rehear rhe Decision to Dismi ss th e Appeal. The Co un of Appeals deni ed his Petition. The Supreme

co nsidered rhe Petition and treated it as a M otio n fo r Belated Appeal. I[ was granred and M r. H ogga rd was directed to fi le a brief wichin cen (IO) days of the dace of the Per C uriam . M r. H ogga rd did file a brief as direcced . Ini tially Mr. Hoggard fa il ed CO Uft

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to fil e a brief in the Wercs appeal by rhe final ex tension gram ed him until April 10,2006, and he d id noc fi le any pleadi ngs o n behalf of Ms. Wercs from March 10, 2006, when he requested add it io nal time to file a brief. unci l Nove mber 13, 2006, when he so ughc to have the appeal reinstated fro m the Co urt of Appeals' dis missal for his fa ilure co fil e a brief. M r. H oggard 's failure to file a bri ef fo r his client by th e fi nal ex tensio n resulted in the Arkansas Court of Appeals' dismissi ng the matter and crea ted th e need for additio nal pleadings and acti o ns by the appellate courts in o rder to reinstate the appeal. Further, his failu re to be certain that he fi led a brief o n behalf of his cl ient by the date given as a fi nal extension o r within the fo llowing ~ ix months before: the: Coun of Appeals dis missed the appeal created unnecessary delay in the appellate proceedin g and crea ted the need fo r the Co urt to ex pend add itio nal time and effo rt whi ch would not have been necessary oth erwise.

$1.20 per agate line W ILLIAM M . H OWARD, JR., Bar No. 87087, of Pine Bluff, Arkansas, was reprimanded and fi ned $500.00 by Co mmittee Co nse nr Findings & O rder fi led June IS, 2007, o n a rer C uriam Order Complai nc in Case No. 2007-002, fo r vio lacio n of Rules 1.3 and 8.4(d). Mr. H owa rd represe nred Leeotis Sims o n an appeal fro m a co nvictio n in C lark Coun ty C ircuit Court. M r. H owa rd tendered [Q the Arkansas Supreme Court C lerk a reco rd of the circuit court proceedin gs 0 11 the 98 th day followi ng the filing of the no ti ce of appeal. D es pite being nocified in Sepcember 2006 rhar he mUSt fi le a mm io n fo r rule on the clerk, Mr. H oward did nOt file the motio n until December 2006. O n January 4, 2007, the Arkansas Sup reme Co urt geam ed the motio n and referred the matte r to th e Office of Profess ional Co ndl lcr.

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RI C HA RD JARB OE, Bar No. 69038, of Wal nuc Ridge, Arka nsas, was re primanded by Co mm ittee Consent Find ings & O rd er fi led April 23, 2007, o n a Per C uria m O rd er Co mplaint III Case No. 2007-022, for violat ion of


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