Cite as 2022 Ark. App. 463 ARKANSAS COURT OF APPEALS
No. CR-22-3
Opinion Delivered November 9, 2022 STERLING WOOLFORD APPEAL FROM THE PULASKI APPELLANT COUNTY CIRCUIT COURT, FIFTH DIVISION V. [NO. 60CR-20-1828]
STATE OF ARKANSAS HONORABLE WENDELL GRIFFEN, APPELLEE JUDGE
CONTEMPT CITATION AND SANCTION ISSUED
PER CURIAM When Sterling Woolford moved this court for the fifth time to enforce a writ of certiorari to complete the record on appeal that we first issued to court reporter Neva Warford some nine months ago, this court granted the motion, set a deadline of 31 October 2022 for Ms. Warford to file the transcript with this court’s clerk, and ordered her to appear on 1 November 2022, at 9:30 a.m. in the courtroom of the Arkansas Supreme Court and Court of Appeals to 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. Ms. Warford appeared before this court on November 1. She had not, however, prepared the transcript and therefore did not meet the court’s October 31 deadline, which
was the sixth extension. 1 When the court asked whether Ms. Warford 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. Having considered the docketed filings in this case, 2 and the show-cause proceedings held on November 1, this court finds Ms. Neva Warford in willful contempt of the Court of Appeals. She has repeatedly failed to comply with this court’s orders to complete the transcripts Mr. Woolford designated as necessary to pursue his appeal of a criminal conviction. By all accounts, the only holdup is the preparation of stenographic material that Mr. Woolford designated for inclusion in the appeal record when he filed his amended notice of appeal in September 2021. Ms. Warford’s repeated and unjustified delays in preparing the designated material prejudiced the efficient administration of justice and cannot go unpunished. THEREFORE, the court hereby orders Neva Warford to pay a $1,500.00 fine. The fine must be paid to “The Clerk of the Arkansas Court of Appeals”, in the form of a cashier’s check or money order. The entire fine must be received by the clerk’s office by close of business on 9 December 2022. Our clerk will provide a receipt to Ms. Warford when she tenders full payment. The payment, when it comes, will be noted in the docket. In addition to the fine, this court immediately removes Ms. Warford as court reporter from all criminal appeals that are docketed in the Court of Appeals as of this date (November
1 The record was tendered to our clerk on November 2. It was accepted and filed that day.
2 A history of the transcript-procurement problem was recited in a 5 October 2022 per curiam.
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9). Any transcript-preparation work will be reassigned to one or more certified court reporters with the assistance of the Administrative Office of the Courts. To this end, we direct Ms. Warford to deliver to the clerk of this court all items in her possession necessary to complete the record in all currently docketed criminal appeals—including but not limited to all audio tapes, electronic recordings, and physical exhibits proffered or received in evidence. Ms. Warford is ordered to make this delivery to our clerk by the end of business on 14 November 2022, a Monday. She is also ordered to include a typewritten inventory of all items delivered to our clerk in this transmission. See James Tree & Crain Serv. v. Fought, 2015 Ark. 158. Simply put, Ms. Warford is directed to timely and proactively assist with the reassignment efforts, so that the work of transcript preparation in pending criminal appeals may proceed apace. If the fine is not properly and fully paid on time—or if Ms. Warford fails to complete a timely reporting and transfer of any transcription-related responsibilities—this court may hold a second show-cause hearing. Finally, we direct our clerk to forward a copy of this opinion to the Board of Certified Court Reporter Examiners. See id. Contempt citation and sanction issued. BROWN, J., dissenting. GRUBER, J., not participating.