The Arkansas Lawyer - Summer 2007

Page 42

La\l'ijer Disciplinary Actions Ms. Smith was gramed a divorce from her husband by Judge Clawson acrhacrime. Acrhe rime of the Affidavit execuccd by Ms. Smith for rhe formal disciplinary complaint, Ms. Heimbaugh had nO[ finalized rhe decree nor had she been removed fro m representation of

Ms. Smith . Ms. Heimbaugh did not act with di ligence in her representation of Ms. Smith fo llowing rhe hearing in December 2004 when Ms. Smith was granted her divo rce by Jud ge Clawso n. Ms. Heimbaugh failed to cause the Decree to be presented ro rh e Court until June 2006. Ms. Heimbaugh's failure prepare and present the Decree from th e hearing co nducted during December 2004 caused Ms. Smith not (Q have her divorce {Q

final ized until June 30, 2006, even though Judge lawson granted her a divo rce from Bill Smith during the hearing in D ecember

2004 and her failure to presenr rhe Decree to rhe Court and have the same signed and filed preve nted Ms. Smith, her client, from being able to enforce the Order of the Court when Mr. Smith failed to comp ly with the holding of Jud ge Clawson. W ILLIAM GLEN HOGGARD, Bar No. 2000064, of North Little Rock, Arkansas, was cautioned by Comminee Findings & Order filed May 3, 2007, on a Per Curiam Order Complaint in Case o. 2007-007 for violati on of Rules 1.3, 3.4(c) and 8.4(d). The Arkansas Supreme Court referred Mr. Hoggard to the Committee in a Per Curiam delivered January 4, 2007. The Per Curiam granted Mr. Hoggard's Mocion for Belated

Appeal in the matter of D~alJlJ Latiolais v. Arkansas D~partm~nt of H~a/th and Human S~rvius. The appeal was first dismissed by the Arkansas Court of Appeals in Ocrober 2006 because of Mr. Hoggard 's failure ro file a brief on behalf of Appellant after requesting mu ltiple ex tensions of time to do so. Afrer the matter was di smissed by the Court ofAppeals, Mr. Hoggard filed a Petition to Rehear th e Decisio n to Dismiss the Appeal. The Court of Appeals denied the Petition. The Supreme Court then considered it and treared it as a Mocion ro File Belated Brief. The Mocion was granted and Me. Hoggard was referred ro the ommiuee. Initially, Mr. Hoggard failed to file a brief in th e Latiolais' appeal by the extension granted him until January 19. 2006, after obmining six (6) extensions to file a brief and he did noc file any pleadings on behalf of Ms. Latiolais from January 19, 2006, when he requested add itional time to file a brief, until November 13,2006, when he sought to have the appeal reinstated fcom the Court of Appeals' dismissal fo r his failure to fi le a brief. Mr. Hoggard's fa ilure to fi le a brief for his client by th e sixth and final extension resulted in the Arkansas Coun of Appeals' dismissing the matter and created the need fo r add itional pleadings and actions by th e appellate courtS in order ro reinstate the appeal. His failure ro be certain thar he filed a brief on behalf of his client by January 19, 2006, or within the fo llowing nine months before the Court of Appeals dismissed the appeal created unnecessary delay in the appell are proceeding. Further.

his fai lure to be certain that he filed a brief on behalf of his client by the date given as a fi nal extension crea ted the need for the Court ro expend additional rime and effort which would not have been necessary otherwise.

WILLIAM M. HOWARD, JR., Bar No. 87087, of Pine Bluff, Arkansas, was cautioned, fin ed Five Hundred Dollars ($500.00) and assessed costs of O ne H undred Dollars ($ 100.00) by Committee Consent Findings & Order filed June IS, 2007, for violation of Ru les 1.3 and 8.4(d) on a Per Curiam O rder Complaint in Case No. 2007-029. Mr. Howard represented Ricky Reese on an appeal from a convicti on in ChicO[ County Circuit Court. Me. Howard tendered to the Arkansas Supreme Cuun Clerk a record of the circuit court proceedings ton December 20. 2006, but failed to comply with the requirements of Rule 5 of the Rul es of Appellate ProcedureCivil , in obtaining an extension of rime for fil ing th e record. Mr. Howard was directed to fi le a morion fo r rule on th e clerk and did so on February 2, 2007. On February 22, 2007, (he Arkansas Supreme Court gran ted the motion and referred the matter to the Office of Professional Conduct. STEVEN R. JA KSON, Bar No. 97142, of Fayetteville, Arkansas, was cautioned and fined $ 1,000.00 and assessed cosrs in the amount of Fifty Dollars ($50.00) by Committee Findings & Order fil ed April 2, 2007, for violations of Rules 1.3,

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