Halfacre v. Kelley
2016 Ark. 171
| Ark. | 2016Background
- Kenny Halfacre, an inmate, sought in forma pauperis status in Lincoln County circuit court and was denied; the clerk would not file-mark pleadings or assign a docket number until fees were paid.
- Halfacre appealed the denial to the Arkansas Supreme Court, but his tendered record lacked a file-marked copy of the denial, so the clerk of the Supreme Court rejected the record.
- This Court issued a per curiam order granting Halfacre’s motion for rule on the clerk and remanded with instructions that the circuit clerk submit, within ten days, certified pleadings stamped “filed” (including the denial order, the indigency affidavit, and the habeas petition).
- The circuit clerk (Cindy Glover) returned certified documents stamped “received,” not “filed,” and did not assign a circuit-court docket number; a second submission in the same form followed.
- Because the clerk’s submissions did not comply with Administrative Order No. 2(b)(2) and this Court’s February 18 order, the Court issued a show-cause order directing the circuit clerk to appear and explain why she should not be held in contempt for noncompliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit clerk’s failure to file-mark and docket the indigency order prevents lodging the appeal | Halfacre: the clerk’s failure to file-mark impeded his ability to appeal; he sought enforcement to obtain a proper file-marked record | Clerk/County: sought to require fee payment before file-marking; returned certified papers stamped “received” rather than “filed” | Court: orders and pleadings must be stamped “filed” per Admin. Order No. 2(b)(2); failure to comply obstructs appeal and is unacceptable |
| Whether the circuit clerk should be held to show cause / contempt for failing to comply with the Court’s remand order | Halfacre: sought compliance so his appeal could proceed | Clerk/County: did not comply with the Court’s clear directions (no substantive defense in opinion) | Court: issued show-cause order directing the circuit clerk to appear and justify noncompliance; contempt proceedings set for hearing |
Key Cases Cited
- White v. State, 373 Ark. 415 (2008) (per curiam) (a circuit court may not obstruct an appeal by implementing procedures that prevent an indigent petitioner from timely appealing)