ELLIS V. STATE ARK ] Cite as 362 Ark 583 (2005) 581 Jerry ELLIS v STATE of Arkansas CR 05-552 210 S.W3d 71 Supreme Court of Arkansas Opinion dehvered June Q, 2005 ATTORNEY & CLIENT — PUBLIC DEFENDER PERMITTED TO WITHDRAW — A full-time state-salaned public defender with a full-nme state-salaried secretary was granted permission to withdraw as she was ineligible for compensation for her work on appeal Motion to be Relieved and to Stay Briefing Schedule granted Julia B Jackson, Public Defender, for appellant No response. ER CURIAM: Julia B: Jackson, a full-time, state-salaried P public defender for the Sixth Judicial District, Was ap-
584 [362 pointed by the trial court to represent appellant, Jerry Ellis, an indigent defendant, on charges of rape, burglary, and terroristic threatening: Following a trial, he was convicted of the charges and sentenced to life plus 55 years, to be served consecutively: A notice of appeal was timely filed, and a request for the transcribed record has been timely lodged in this court: [1] Ms: Jackson now moves to withdraw as counsel on appeal based upon Rushing v. State, 340 Ark. 84, 8 S:W.3d 489 (2000), which held that full-time, state-salaried public defenders were ineligible for compensation for their work on appeal: Since Rushing, the General Assembly has passed legislation providing that only those full-time, state-salaried public defenders who do not have state-funded secretaries may seek compensation for their work on appeal_ See Ark: Code Ann. 5 19-4-1604(b)(2)(B) (Supp: 2003). Ms. Jackson states in_her motion that she is provided with a full-time, state-funded secretary. Accordingly, we grant her motion to withdraw. Greg Knutson will be substituted as counsel for appellant in this matter: The clerk will establish a new briefing schedule: It is so ordered.
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