Rolondo Cuevas-Flores v. State of Arkansas

2023 Ark. App. 347

• Court: Court of Appeals of Arkansas
• Decided: July 26, 2023
• Status: Published

Opinion

Cite as 2023 Ark. App. 347 ARKANSAS COURT OF APPEALS No. CR-22-746 Opinion Delivered July 26, 2023 ROLONDO CUEVAS-FLORES APPELLANT APPEAL FROM THE BENTON COUNTY CIRCUIT COURT V. [NO. 04CR-21-1484]

STATE OF ARKANSAS HONORABLE BRAD L. KARREN, APPELLEE JUDGE

CONTEMPT CITATION AND SANCTION ISSUED

PER CURIAM

When Rolondo Cuevas-Flores moved this court for the fourth time to enforce a

writ of certiorari to complete the record on appeal that we first issued to court reporter

Sharon Fields some seven months ago, this court granted the fourth motion, set a deadline

of 12 June 2023 for Ms. Fields to file the transcript with this court’s clerk, and ordered her

to appear before this court on 17 July 2023, at 10:00 a.m., in the courtroom of the Arkansas

Supreme Court and Court of Appeals, and show cause why she should not be held in

contempt for failing to comply with the original writ of certiorari or any one of the

extensions. See Cuevas-Flores v. State, 2023 Ark. App. 347 (show-cause order).

Before issuing the show-cause order, we warned Ms. Fields—in the third extension

she received in April—that the failure to meet the new May deadline “may result in a show-

cause order being issued.” When Ms. Fields did not produce the transcript in May, this

court simultaneously issued a show-cause order when it granted the fourth extension (to

June 12), and scheduled a hearing. Ms. Fields appeared before this court on July 17. She had by then prepared the

transcript, met the June 12 deadline, and therefore finally complied with the original writ

we issued mid-December 2022. When the court asked whether Ms. Fields pleaded guilty

or not guilty to violating this court’s orders, she pleaded guilty, and was given the

opportunity to speak to the court for the purpose of mitigating the severity of any potential

sanction. She did so.

Having considered the docketed filings in this case and the show-cause proceedings

held on July 17, this court finds Ms. Sharon Fields in willful contempt of the Arkansas Court

of Appeals. She repeatedly failed to comply with this court’s orders to complete the

transcripts Mr. Cuevas-Flores designated as necessary to pursue his appeal of a criminal

conviction. Ms. Fields’s repeated delays in preparing the designated material prejudiced the

efficient administration of justice. The court acknowledges the many responsibilities that

circuit courts, and their staff, handle daily. But a busy court schedule alone cannot excuse

the protracted delay that this criminal case has experienced during the transcript-preparation

phase.

THEREFORE, the court hereby orders Sharon Fields to pay a $1,500 sanction. The

sanction must be paid to “The Arkansas Court of Appeals” in the form of a cashier’s check

or money order. The entire sanction must be received by the clerk’s office by close of

business on 30 August 2023. The clerk of this court will provide a receipt to Ms. Fields

when she tenders full payment.

Contempt citation and sanction issued.