McGaughey v. Ark. Dep't of Human Servs.
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Cite as 2011 Ark. 117
SUPREME COURT OF ARKANSAS
No.
11-225
EARNEST MCGAUGHEY,
APPELLANT,
Opinion Delivered MARCH 17, 2011
MOTION FOR RULE ON CLERK
VS.
ARKANSAS DEPARTMENT OF
HUMAN SERVICES,
APPELLEE,
GRANTED.
PER CURIAM
Appellant Earnest McGaughey, by and through his attorney, has filed a motion for rule
on clerk. His attorney, Rachel A. Runnels, candidly admits fault for not timely filing the
record in this case wherein Appellant’s parental rights have been terminated.
We now entertain motions for rule on clerk in appeals from the termination of parental
rights. See Moore v. Ark. Dep’t of Human Servs., 363 Ark. 205, 212 S.W.3d 1 (2005) (per
curiam). In Moore, we explained as follows:
While this court has in the past denied such motions in
parental-termination cases due to their civil nature, we recently recognized a
parent’s right to appeal from a termination order in Linker-Flores v. Arkansas
Dep’t of Human Servs., 359 Ark. 131, 194 S.W.3d 739 (2004). We have further
recognized an indigent parent’s right to counsel on appeal. See Linker-Flores v.
Arkansas Dep’t of Human Servs., 356 Ark. 369, 149 S.W.3d 884 (2004) (per
curiam). In addition, we have allowed the payment of attorney’s fees for an
attorney who represented an indigent parent on appeal. See Baker v. Arkansas
Dep’t of Human Servs., 340 Ark. 42, 8 S.W.3d 499 (2000). In Baker, we found
that the principles that require the payment of attorney’s fees for representing
an indigent criminal defendant were applicable to termination cases as well. See
id. Because of our prior decisions in these cases which afford indigent parents
appealing from a termination of parental rights similar protections as those
Cite as 2011 Ark. 117
afforded indigent criminal defendants, we recently permitted the filing of an
untimely record in a termination case using our procedure for a motion for rule
on clerk by an indigent criminal defendant. See Childers v. Arkansas Dep’t of
Human Servs., 361 Ark. 227, 205 S.W.3d 795 (2005) (per curiam).
Moore, 363 Ark. at 206, 212 S.W.3d at 1.
Attorney Runnels has candidly admitted fault for failing to timely file the record in this
case due to a mistake on her part. Consistent with our procedure for indigent criminal
defendants, we therefore grant the rule on clerk. Moore, 363 Ark. 205, 212 S.W.3d 1;
McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004). We forward a copy of this opinion
to the Committee on Professional Conduct.
Motion for rule on clerk granted.
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