Opinion
No. CR 05-1039.
Opinion delivered January 12, 2006.
ATTORNEY CLIENT — PUBLIC DEFENDER PERMITTED TO WITHDRAW FROM APPEAL. — A full-time, state-salaried public defender with a full-time, state-funded secretary was permitted to withdraw from her client's case on appeal, and new counsel was appointed; only full-time, state-salaried public defenders who do not have state-funded secretaries may seek compensation for their work on appeal.
Motion to be Relieved and for Extension of Time granted.
Sandra Trotter Phillips, for appellant.
No response.
Sandra Trotter Phillips, a full-time, state-salaried public defender for the Eleventh Judicial District, was appointed by the trial court to represent appellant, Rikko Smith, an indigent defendant. An appeal was filed, and a request for the transcribed record has been lodged in this court. This court denied the motion to be relieved that was submitted on December 8, 2005.
[1] Ms. Phillips now moves again to withdraw as counsel on appeal based upon Rushing v. State, 340 Ark. 84, 8 S.W.3d 489 (2000), which held that full-time, state-salaried public defenders were ineligible for compensation for their work on appeal. Since Rushing, the General Assembly had passed legislation providing that only those full-time, state-salaried public defenders who do not have state-funded secretaries may seek compensation for their work on appeal. See Ark. Code Ann. § 19-4-1604(b)(2)(B) (Supp. 2003).
Ms. Trotter states in her motion and affidavit that she is provided with a full-time, state-funded secretary who maintains her office. We grant her motion to withdraw.
Mr. Chad Green will be substituted as counsel for appellant in this matter. The Clerk will establish a new briefing schedule.
A motion for extension of time was also filed. The motion is granted and the time is extended thirty days from the date of this order.
It is so ordered.