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Waddle v. State
Citations: 156 S.W.3d 226; 356 Ark. 501; 2004 Ark. LEXIS 167Docket: CR 04-179
Court: Supreme Court of Arkansas; March 25, 2004; Arkansas; State Supreme Court
Irene Waddle appealed a conviction from the Circuit Court of Scott County, filed on July 31, 2003. The trial court recognized her indigence on September 2, 2003, and mandated the public defender to continue representation, with the State covering the costs of preparing the transcript and other appeal-related documents. An order on October 27, 2003, acknowledged that the transcript was not provided to Waddle and granted her a 90-day extension to receive it for her appeal. An 'Amended Order' from the same date included a handwritten note, extending the deadline further, but this was not officially filed until February 13, 2004, after it was certified on February 11, 2004. Waddle requested another extension on January 19, 2004, due to the ongoing absence of the transcript, proposing an additional 120 days, but the judge did not sign this order. The transcript was eventually released on January 27, 2004, and submitted to the supreme court clerk on January 28, 2004. However, the clerk declined to docket it, asserting the circuit court had no authority to extend the filing deadline beyond January 26, 2004, which was 90 days from the October 27 order. Waddle's appeal was thus deemed untimely as she failed to submit the record within the required timeframe. The Arkansas Rules of Appellate Procedure stipulate that the circuit court can only extend filing times if done before the prior deadline expires. Counsel must continue to represent a convicted defendant throughout the appeal unless relieved by the court. Attorney John R. Irwin remains responsible for filing the appeal, as there is no indication that he has been relieved of his duties. According to Arkansas Supreme Court Rule 2-2, if a record is submitted late, the Clerk must inform the attorney and note the submission date. Rule 2-2 also allows for a motion to be filed if the attorney believes the Clerk erred in refusing to docket the appeal. The court has determined that the Clerk acted correctly in not docketing the appeal, leaving Irwin with the option of admitting fault. In McDonald v. State, the court emphasized the importance of attorneys admitting errors to ensure timely appeals. Should an attorney hinder the appeal process, the court may exercise its contempt powers. Irwin's failure to file the record on appeal in a timely manner has been established, and he must submit a motion admitting fault within thirty days for it to be granted. A copy of the opinion will be sent to the Committee on Professional Conduct upon filing an affidavit of fault.