Stark Ligon, Executive Director, Committee on Professional Conduct v. Sam Whitfield, Jr., Arkansas Bar ID #82056

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03-768

ARKANSAS SUPREME COURT

No. 03-768

NOT DESIGNATED FOR PUBLICATION

IN RE SAM WHITFIELD, JR., ARKANSAS BAR ID # 82056

Opinion Delivered October 20, 2005

PRO SE MOTION FOR COPY OF PETITION FOR DISBARMENT [AN ORIGINAL ACTION FOR DISBARMENT]

MOTION DENIED

PER CURIAM

Undra Mixon, the movant in this matter, is an inmate in the custody of the Arkansas Department of Correction. Mr. Mixon's motion indicates he was represented by Mr. Sam Whitfield Jr., who was disbarred by order of this court. In Re Whitfield, ___ Ark. ___, 146 S.W.3d 894 (April 8, 2004). Movant Mixon, who contends that he is indigent, now seeks by pro se motion a copy of the petition for disbarment at public expense. Mr. Mixon has offered nothing to demonstrate that photocopies of the petition should be provided to him at no cost, and we must deny the motion.

Mr. Mixon asserts that he needs the petition in conjunction with his petition for postconviction relief under Ark. R. Crim. P. 37.1. Indigency alone does not entitle a petitioner to free photocopying. Washington v. State, 270 Ark. 840, 606 S.W.2d 365 (1980) (per curiam). A petitioner is not entitled to photocopying at public expense unless he or she demonstrates some compelling need for specific documentary evidence to support an allegation contained in a petition for postconviction relief. Moore v. State, 324 Ark. 453, 921 S.W.2d 606 (1996) (per curiam). The movant here has not made such a demonstration.

Mr. Mixon does assert he has a pending postconviction petition, and he appears to believe the grounds for disbarment may be similar to grounds he would raise in his petition, although he has not set out the basis for that belief. Even if those grounds were similar, it is not clear how that similarity might support the grounds alleged in movant's Ark. R. Crim. P. 37.1 petition. Mr. Mixon has not demonstrated the compelling need required to grant his motion.

We do note that when an original action has been filed in this court, the material pertaining to it remains permanently on file with the clerk, unless it is being maintained under seal. Persons may review the material in the clerk's office and photocopy all or portions of it. An incarcerated person desiring a photocopy of a material on file here may write this court, remit the photocopying fee, and request that the copy be mailed to the prison. All persons, including prisoners, must bear the cost of photocopying. Moore, 324 Ark. at 455, 921 S.W.2d at 607.

Motion denied.

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