Cordero v.Ark. Dep't of Human Servs.

Cite as 2013 Ark. 473
SUPREME COURT OF ARKANSAS
No. CV-13-399
CHRISTOPHER CORDERO Opinion Delivered November 20, 2013
APPELLANT
APPEAL FROM THE LONOKE
V. COUNTY CIRCUIT COURT
[NO. JV2010-288]
ARKANSAS DEPARTMENT OF HONORABLE BARBARA ELMORE,
HUMAN SERVICES AND J.C., A JUDGE
MINOR
APPELLEES WRIT OF CERTIORARI ISSUED.
PER CURIAM
This is an appeal from an order entered by the Lonoke County Circuit Court denying
Appellant Christopher Cordero’s motion for indigency for purposes of appeal pursuant to
Arkansas Supreme Court Rule 6-9(b)(2) following a termination of his parental rights. We
have previously granted a motion to supplement the record, and a writ was issued to the
circuit clerk of Lonoke County Circuit Court to supplement the record. Because the circuit
clerk has failed to comply with the writ, and due to the expedited nature of dependency-
neglect appeals, we issue a writ of certiorari to the clerk of the Circuit Court of Lonoke
County to complete and file a certified supplemental record with our clerk within five days
from the date of this per curiam.
On August 6, 2013, appellant filed a motion to supplement the record asking that the
record be supplemented with a portion of the January 8, 2013 termination hearing that the
circuit court relied upon in denying indigency, the motion for indigency, and the affidavit of
Cite as 2013 Ark. 473
financial means. On September 5, 2013, this court granted the motion, and a writ of certiorari
was issued to the circuit clerk and court reporter returnable within thirty days. Although the
writ was returned on October 7, 2013, and is certified by the circuit clerk, the supplemental
record fails to include the motion for indigency or the affidavit of financial means.
In light of the circuit clerk’s noncompliance with our previous order and the expedited
nature of dependency-neglect appeals, we issue another writ of certiorari to the Circuit Court
of Lonoke County to complete the record, returnable within five days from the date of this
per curiam. In addition to the motion for indigency and the affidavit of financial means, the
circuit court should include any response to the motion for indigency in the supplemental
record. Appellant is directed to file a substituted brief on appeal within five days of the lodging
of the supplemental record.
Writ of certiorari issued.
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