Opinion
No. CR 11-872
09-15-2011
CHAD LEE WHITE APPELLANT v. STATE OF ARKANSAS APPELLEE
MOTION TO BE RELIEVED AS ATTORNEY OF RECORD FOR APPELLANT
DENIED WITHOUT PREJUDICE.
PER CURIAM
Janette McKinney, a full-time, state-salaried public defender, was appointed by the trial court to represent Chad Lee White in the above-captioned case. As reflected in the judgment and commitment order entered on March 17, 2011, White was convicted of Rape and Battery in the Second Degree and was sentenced to life imprisonment in the Arkansas Department of Correction. A notice of appeal was filed on March 25, 2011, and the record has been filed with the clerk of this court. Ms. McKinney now moves to be relieved as the attorney for White.
In Rushing v. White, 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. Ms. McKinney bases her request on Rushing. However, since Rushing, the General Assembly passed Ark. Code Ann. § 19-4-1604(b)(2)(B) (Supp. 2011), 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."
Ms. McKinney does not state in her motion whether she has been provided with a state-funded secretary at her primary position. Therefore, we must deny the motion without prejudice for Ms. McKinney to resubmit under the rules of Ark. Code Ann. § 19-4-1604(b)(2)(B).
Motion denied without prejudice.