Norman v. State

Dinzel NORMAN v. STATE of Arkansas

CR 95-361                                          ___ S.W.2d ___

                    Supreme Court of Arkansas
                  Opinion delivered May 20, 1996


     1.   Appeal & error -- motion to disqualify counsel granted. --
     Where counsel, who had been granted a motion for continuance
     to enable him to cure a deficiency in continuing legal
     education hours and to have his attorney's license reinstated,
     again failed to meet his deadline for filing appellant's
     brief, the supreme court granted appellant's motion to
     disqualify counsel; new appellate counsel was appointed, and
     the clerk of the court was directed to set a briefing
     schedule.

     2.   Contempt -- show-cause hearing -- counsel directed to appear.
     -- Counsel was directed to appear before the supreme court and
     show cause why he should not be held in contempt for failure
     to comply with the court's previous orders.


     Motion to Disqualify Counsel; granted.
     George Stone, for appellant.
     No response.

     Per Curiam.*ADVREP*SC9*






DINZEL NORMAN,
                    APPELLANT,

V.

STATE OF ARKANSAS,
                    APPELLEE.



CR95-361

Opinion Delivered:  5-20-96

MOTION TO DISQUALIFY COUNSEL





MOTION GRANTED






                            PER CURIAM

     Appellant's counsel, George Stone, has been the object of our
attention in this case on several occasions.  On April 24, 1995, we
gave Stone thirty days to accept responsibility for the late filing
of the transcript in this cause.  When he failed to do so, we
ordered him to appear on February 26, 1996, at 9:00 a.m., to show
cause why he should not be held in contempt for his failure to
comply with our April 24 order.  While Stone appeared late at the
February 26 hearing, Stone did respond and said that he would have
the record and brief tendered in this case by March 23, 1996. 
Because of this assurance, the court, on March 18, 1996, denied
appellant's pro se motion to dismiss counsel and for reappointment
of new counsel.  On March 25, 1996, Stone moved for additional time
to file a brief because his law license was suspended on March 8,
1996, for a deficiency in continuing legal education.  We granted
that continuance when he stated his CLE deficiency would be
satisfied on March 29, 1996.  He was ordered to have his brief
filed on May 6, 1996.  He has failed yet again to meet his
deadline.  Appellant's motion disqualifying counsel George Stone is
now granted and John F. Greenhaw is appointed as new counsel in
this appeal, and the clerk of the court shall set a briefing
schedule.
     By the same order, George Stone is directed to appear before
this court on Tuesday, May 28, 1996, at 9:00 a.m., and show cause
why he should not be held in contempt of this court for failure to
comply with this court's prior orders as set forth hereinabove.
     A copy of this opinion shall be forwarded forthwith to the
Committee on Professional Conduct.
     DUDLEY, J., not participating.  

NOTE DATE: MAY 31, 1996   *ADVREP*SC1*






DINZEL NORMAN,
                    APPELLANT,

V.

STATE OF ARKANSAS,
                    APPELLEE.



CR95-361

Opinion Delivered:  5-31-96







CONTEMPT ORDER







                            PER CURIAM

     On May 20, 1996, we issued a per curiam granting appellant
Dinzel Norman's motion to disqualify his attorney, George Stone. 
In that per curiam, we set out the various earlier orders of this
court directing Stone to file the appellate record and brief in
Norman's behalf.  
     Stone has been ordered on three occasions to file the record
and brief in this cause, but he never did so.  He has also appeared
before this court twice in response to orders directing his
appearance to show cause why he should not be held in contempt.  On
each occasion, Stone was late.  
     When Stone made his first appearance on February 26, 1996, he
pled guilty to contempt, but assured the court he would file his
brief on or before March 23, 1996.  We held matters in abeyance,
giving Stone time to comply with the new briefing date.  No brief
was filed on March 23.  Instead, Stone waited until March 25, 1996
to request more time, stating his license had been suspended for a
CLE deficiency.  We gave Stone until May 6, 1996, since he said his
CLE deficiency would be corrected on or before March 29, 1996.  
     On or about April 3, 1996, Stone's suspension of license had
been stayed by the CLE Board, but Stone still failed to file
Norman's brief on May 6, 1996.  
     This court again was required to serve Stone with notice to
appear, and while late, he appeared on May 28, 1996.  At that
hearing, Stone offered no valid reason for failing to meet the
court's briefing schedule and complying with the court's
directives.  In sum, his response was that because he disliked his
client, Norman, he had difficulty in preparing a brief.  He gave no
reason for failing to comply with this court's earlier directives. 
During this same hearing, Stone stated that he had never been
sanctioned by the Professional Conduct Committee in this matter or
any other.  However, this court's clerk's office reflects Stone has
been previously reprimanded by letter dated January 30, 1996.  That
letter was served on Stone by restricted delivery and he signed
upon its receipt.  That sanction ensued from Norman's earlier
grievance with the Commission filed in late 1995.
     Because Stone has been found in criminal contempt, and he
gives no valid reason in mitigation of punishment, we hereby order
Stone to be incarcerated for forty-eight hours.  Accordingly, we
direct him to present himself to the Pulaski County Regional
Detention Facility on Friday, June 7, 1996, at 5:00 p.m., where he
will be incarcerated for a forty-eight-hour period.  If Stone fails
to appear, as ordered, the State Police will take immediate custody
of Stone and deliver him forthwith to the Pulaski County Detention
Facility for a forty-eight-hour period from the time he is
delivered to the Facility.
     DUDLEY, J., not participating.