SUPREME COURT OF ARKANSAS
STATE OF ARKANSAS
Opinion Delivered October 26, 2006
MOTION FOR BELATED APPEAL
Appellant Jimmy Bumgardner, by and through his attorney, Craig Lambert, has filed
a motion for belated appeal.
This court clarified its treatment of motions for rule on the clerk and motions for
belated appeals in McDonald v. State, 356 Ark. 106, 146 S.W.3d 883 (2004). There we said
that there are only two possible reasons for an appeal not being timely perfected: either the
party or attorney filing the appeal is at fault, or there is “good reason.” McDonald v. State,
356 Ark. at 116, 146 S.W.3d at 891. We explained:
Where an appeal is not timely perfected, either the party or attorney filing the
appeal is at fault, or there is good reason that the appeal was not timely
perfected. The party or attorney filing the appeal is therefore faced with two
options. First, where the party or attorney filing the appeal is at fault, fault
should be admitted by affidavit filed with the motion or in the motion itself.
There is no advantage in declining to admit fault where fault exists. Second,
where the party or attorney believes that there is good reason the appeal was
not perfected, the case for good reason can be made in the motion, and this
court will decide whether good reason is present.
We note that a client’s failure to pay attorney’s fees is not sufficient cause to
withdraw as counsel.
Id., 146 S.W.3d at 891 (footnote omitted). This court no longer requires an affidavit
admitting fault before we will consider the motion. However, it is plain from Appellant’s
motion that there was error on Mr. Lambert’s part. Under Ark. R. App. P. – Crim. 16(a)
(2006), Mr. Lambert was obligated to represent Appellant “throughout any appeal to the
Arkansas Supreme Court or Arkansas Court of Appeals, unless permitted by the trial court
or the appellate court to withdraw in the interest of justice or for other sufficient cause.” Mr.