Rickie Earn Berna v. Judicial Discipline and Disability Commission

ARKANSAS SUPREME COURT

NOT DESIGNATED FOR PUBLICATION

PER CURIAM

December 19, 2002

RICKIE EARN BERNA

Petitioner

v.

JUDICIAL DISCIPLINE AND DISABILITY COMMISSION,

Respondent

01-1369

PRO SE MOTION FOR RULE ON CLERK FOR MATTER TO BE RESUBMITTED [JUDICIAL DISCIPLINE AND DISABILITY COMMISSION, COMPLAINT NO. 01-270]

MOTION DENIED

On August 29, 2001, Rickie Earn Berna, who is imprisoned by virtue of convictions for multiple felony offenses, filed a complaint with the Judicial Discipline and Disability Commission against the Justices who were serving on the Arkansas Supreme Court in 1983 when his criminal convictions were affirmed. He also named in the complaint the Attorney General and other persons who were not a part of the judiciary but who had some role in the legal process either at trial or on appeal. The complaint was dismissed, and Berna filed a petition for reconsideration which was also dismissed. Petitioner Berna then sought by petition and amended petition for writ of certiorari review by this court of the Commission's action. He also filed a companion motion for oral argument and a motion "for issuance of writ without application" in which he asked that the judgment of conviction in his criminal case be vacated. We found no ground to grant a writ of certiorari and denied the petition and amended petitionand declared the companion motions moot. Berna v. Judicial Discipline and Disability Commission, 01-1369 (Ark. February 7, 2002) (per curiam).

Approximately five months later Berna filed motions asking that this court reconsider its decision. The motions were denied inasmuch as petitioner Berna presented nothing to demonstrate that there was good cause to revisit the matter. Berna v. Judicial Discipline and Disability Commission, 01-1369 (Ark. October 24, 2002) (per curiam).

Now before us is petitioner's motion for rule on clerk asking that the matter be resubmitted for further consideration. The matter has been fully considered and reconsideration has been denied. The instant motion is denied, and our clerk is directed to return any further motions to reconsider the matter tendered by petitioner.

Motion denied.

Arnold, C. J., not participating.