SUPREME COURT OF ARKANSAS
No. CR06-1187
JAMES WHITE
APPELLANT,
VS.
STATE OF ARKANSAS,
APPELLEE,
Opinion Delivered November 2, 2006
MOTION TO BE RELIEVED AS
ATTORNEY FOR APPELLANT.
GRANTED.
PER CURIAM
Fernando Padilla, a full-time, state-salaried public defender in Pulaski County, the
Sixth Judicial District, was appointed to represent appellant, James White, an indigent
defendant. Following a jury trial held on July 18, 2006, appellant was found guilty of rape,
knowingly/willfully exposing another to HIV, and sexual abuse in the fourth degree, and he
received a life sentence in the Arkansas Department of Correction. A notice of appeal was
timely filed and the record has been timely lodged in this court. Mr. Padilla now asks to be
relieved as counsel for appellant’s appeal based upon Rushing v. State, 340 Ark. 84, 8 S.W.3d
489 (2000)(holding that full-time state-salaried public defenders were ineligible for
compensation for their work on appeal) and Ark. Code Ann. § 16-87-201, et seq. (1998).
In his motion, Mr. Padilla incorrectly relies on Rushing stating that full-time public
defenders can not be compensated for appellate work. Further, he incorrectly states that full-
time public defenders are only compensated for trial work. Since the court’s decision in
Rushing, the General Assembly passed legislation providing that only those full-time, state-
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salaried public defenders who do not have a state-funded secretary may seek compensation
for their work on appeal. See Ark. Code Ann. § 19-4-1604(b)(2)(B) (Supp. 2005). Full-time
public defenders who do not retain a state-funded secretary will be compensated for their
work on appeal. Tice v. State, 365 Ark. 410, ___ S.W.3d ___ (2006).
Mr. Padilla states in his motion that he is provided with a full-time, state-funded
secretary who maintains his office operations. Accordingly, we grant his motion to withdraw
as attorney for appellant. Mr. Joseph C. Self has stated his willingness to accept appointment
in this case and he will be subst