Halfacre v. Kelley

Appellant filed an application for in-forma-pauperis status. Because the circuit court denied Appellant’s in-forma-pauperis petition, the circuit court would not file mark the relevant pleadings until Appellant paid the assessed fees. Instead of paying the fees, Appellant appealed. The clerk of the Supreme Court rejected the record tendered on appeal because it lacked a file-marked copy of the order denying Appellant’s application for in-forma-pauperis status. Appellant then filed a motion for rule on clerk. The Supreme Court granted Appellant’s motion for rule on clerk and remanded the record with directions for the circuit court to submit all relevant pleadings properly file marked and certified by the circuit clerk. When the circuit court returned the record to the Supreme Court, the relevant documents were stamped “received” rather than “filed.” The Supreme Court issued an order to show cause why the circuit clerk should not be held in contempt for failing to comply with the Supreme Court’s unambiguous direction to provide a record that was file marked in accordance with Administrative Order 2(b)(2). View "Halfacre v. Kelley" on Justia Law