Opinion
No. CR 09-1118
Opinion Delivered October 29, 2009
Motion to Be Relieved as Attorney for Appellant and Stay Briefing Schedule, Motion Granted.
On June 17, 2009, Thomas B. Devine III, a full-time, state-salaried public defender, was appointed by the trial court to represent Joseph Rounsaville in a Rule 33.3 hearing. An order was filed on August 14, 2009, denying the Rule 33.3 petition. A notice of appeal was filed on August 17, 2009, and the transcribed record has been ordered. Mr. Devine now moves to be relieved as attorney for Rounsaville and to stay the briefing schedule until substitute counsel is appointed.
In Rushing v. State, 340 Ark. 84, 8 S.W.3d 489 (2000), we held that full-time, state-salaried public defenders were ineligible for compensation for their work done on appeal. Since Rushing, the General Assembly passed Ark. Code Ann. § 19-4-1604(b)(2)(B) (Supp. 2007), which states: "A person employed as a full-time public defender who is not provided a state-funded secretary may also seek compensation for appellate work from the Supreme Court or the Court of Appeals."
Mr. Devine states in his motion that he is provided with a full-time, state-funded secretary. Accordingly, we grant his motion to be relieved.
D. Clifford Sward will be substituted as counsel for Rounsaville in this matter. The clerk is directed to establish a new briefing schedule.
Motion granted.