Opinion
No. RC 90-25
Opinion delivered May 29, 1990
APPEAL ERROR — MOTION FOR RULE ON THE CLERK — GOOD CAUSE FOR GRANTING. — An admission by an attorney for a criminal defendant that the record was tendered late due to a mistake on his part is good cause to grant a motion for rule on the clerk.
Motion for Rule on the Clerk; granted.
Robert C. Marquette, for appellant.
No response.
Petitioner James Towe, by his attorneys, has filed a motion for a rule on the clerk. His attorney, Robert C. Marquette, has by affidavit admitted it was his fault that the record was not timely tendered.
We find that the error, admittedly made by the criminal defendant's attorney, is good cause to grant the motion for a rule on the clerk.
A copy of this opinion will be forwarded to the Committee on Professional Conduct.