In re Crim. Practice Comm
2015 Ark. 129
| Ark. | 2015Background
- The Arkansas Supreme Court Committee on Criminal Practice proposed limited adoption of the "mailbox rule" for pro se inmate filings.
- Proposed amendments to Ark. R. App. P.–Crim. 2 and Ark. R. Crim. P. 37.2 would deem certain inmate notices of appeal and Rule 37 petitions "filed" on the date deposited in the facility’s legal mail system.
- The rule is narrowly tailored: it applies only to pro se inmates confined in facilities that maintain a legal-mail system, and only when specific conditions are met (first-class prepaid postage, addressed to the circuit clerk, and a notarized declaration).
- The clerk must retain the mailing envelope and include it in the appeal record.
- The Reporter’s Notes explain the amendment is patterned on the federal mailbox rule (Fed. R. App. P. 4(c)) and is limited to appeals from convictions and denials of Rule 37 relief by pro se inmates.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to treat pro se inmate notices of appeal as filed on date of deposit in facility legal-mail system | Pro se inmates: deposit date should control to avoid losing rights due to prison mail delays | State/clerks: filing should follow existing deadlines and proof requirements; risk of abuse without strict conditions | Court published amendments proposing to deem filings filed on deposit date if specified conditions are met |
| Whether to extend mailbox rule to Rule 37 petitions filed by pro se inmates | Pro se inmates: same protections should apply to postconviction petitions | State: postconviction timeliness should remain strictly enforced absent clear proof of mailing | Proposed amendment adds a parallel inmate-filing provision for Rule 37 petitions with identical conditions |
| Required evidentiary safeguards to invoke rule (notarized statement; envelope retention) | Inmates: a sworn, notarized declaration is a reasonable, accessible safeguard | State: strong proof needed to prevent fraudulent filing dates | Rule requires notarized declaration listing facility, deposit date, postage, and service list; circuit clerk retains envelope in record |
| Scope and limits of the rule (who it covers and for what filings) | Inmates: apply to all pro se inmate-filed appellate and Rule 37 filings | State: limit to convictions/Rule 37 denials and pro se only to avoid broader disruption | Amendment limits rule to pro se inmates in facilities with legal-mail systems and to appeals from convictions and Rule 37 petitions |
Key Cases Cited
- None (opinion relies on the federal mailbox rule, Fed. R. App. P. 4(c), as the model for the amendment).