In re Suspension of Attorneys
2017 Ark. 150
| Ark. | 2017Background
- The Arkansas Supreme Court announced that the final deadline to pay the 2017 annual attorney-license fee was April 17, 2017 (deadline moved from April 15 because April 15 was a weekend).
- Rule VII(C) of the Rules Governing Admission to the Bar creates an automatic suspension for attorneys who fail to pay the annual license fee by the final deadline after three pre-suspension notices.
- A group of attorneys (168 in total) failed to pay the 2017 fee by the extended deadline despite repeated notice.
- By operation of Rule VII(C), those attorneys were automatically suspended on April 18, 2017, and were prohibited from practicing law in Arkansas until reinstated.
- The opinion directs that suspensions remain in effect until reinstatement or during a stay of suspension as provided by Rule VII(C)(15).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to pay annual license fee results in suspension | Bar: nonpayment after notices triggers automatic suspension under Rule VII(C) | Named attorneys: (not litigating here) may contend procedural or notice issues | Court: Automatic suspension effective April 18, 2017, under Rule VII(C) |
| Whether provided notices were sufficient | Bar: three pre-suspension notices were provided as required | Attorneys: (no record of successful challenge) | Court: Notices were adequate per Rule VII(C) framework |
| Effective date of suspension | Bar: suspension operates the day after the deadline | Attorneys: may argue different timing if deadline ambiguous | Court: suspension occurred April 18, 2017 (day after extended deadline) |
| Conditions for resuming practice | Bar: attorneys may be reinstated or obtain a stay per Rule VII(C)(15) | Attorneys: must follow reinstatement/stay procedures | Court: practice prohibited until reinstatement or a stay under Rule VII(C)(15) |
