BEFORE THE SUPREME COURT COMMITTEE ON PROFESSIONAL CONDUCT

PANEL A

IN RE:              THOMAS B. WILSON

ARKANSAS BAR ID #97165

CPC Docket No. 2004-187

CONSENT FINDINGS & ORDER

            The formal charges of misconduct upon which this Consent Order is premised, involving respondent attorney Thomas B. Wilson of Russellville, Pope County, Arkansas, arose from information brought to the attention of the Committee on Professional Conduct by orders of the Arkansas Supreme Court on October 14, 2004, in the matter of Erica Suggs-Rendon v. Arkansas Department of Human Services, No. 04-970.

            There were two separate appealed orders from the trial court, the first dealing with two of his client’s children and which was docketed as an appeal in the Arkansas Court of Appeals as No. CA-04-253. The second and later trial court order dealt with her third child, M.R., which order is the subject of this action. After consideration of the pleadings filed with the Clerk, the Arkansas Supreme Court denied his Motion for Rule on the Clerk on October 14, 2004. The effect of the Per Curiam Opinion is to deny his client a right of appeal from the trial court order terminating her parental rights with her third child M.R.

            Following his receipt of the formal complaint, the respondent attorney entered into discussion with the Executive Director which has resulted in an agreement to discipline by consent pursuant to Section 20.B of the Arkansas Supreme Court Procedures Regulating Professional Conduct of Attorneys at Law (2002). Upon consideration of the formal complaint and attached exhibits, admissions made by the respondent attorney, the terms of the written consent, the approval of Panel A of the Committee on Professional Conduct, and the Arkansas Model Rules of Professional Conduct, the Committee on Professional Conduct finds:

            A. Mr. Wilson’s conduct violated Model Rule 1.3 in that he failed to lodge the record on appeal from the trial court’s final order on M.R. in a timely manner. Model Rule 1.3 requires that a lawyer act with reasonable diligence and promptness in representing a client.

             B. Mr. Wilson’s conduct violated Model Rule 8.4(d) in that his failure to timely file the record on his your client’s appeal regarding the order terminating her parental rights to M.R. resulted in his client being denied her right to appellate review of the Circuit Court’s decision. Model Rule 8.4(d) requires that a lawyer not engage in conduct that is prejudicial to the administration of justice.

             WHEREFORE, in accordance with the consent to discipline presented by Mr. Wilson and the Executive Director, it is the decision and order of the Arkansas Supreme Court Committee on Professional Conduct that Respondent Thomas B. Wilson, Arkansas Bar No. 97-165, be, and hereby is, cautioned for his conduct in this matter and assessed costs of $50.00. The costs assessed herein shall be payable by cashier’s check or money order payable to the “Clerk, Arkansas Supreme Court” delivered to the Office of Professional Conduct with thirty (30) days of the date this Findings and Order is filed of record with the Clerk of the Arkansas Supreme Court.

                                                                        ARKANSAS SUPREME COURT COMMITTEE

                                                                        ON PROFESSIONAL CONDUCT - PANEL A

                                                                        By ______________________________________

                                                                                    Bart F. Virden, Chairperson, Panel A

                                                                        Date _________________________________