{
  "id": 1257783,
  "name": "James F. \"J.F.\" VALLEY v. David BOGARD, Judge",
  "name_abbreviation": "Valley v. Bogard",
  "decision_date": "2000-05-12",
  "docket_number": "00-539",
  "first_page": "302",
  "last_page": "304",
  "citations": [
    {
      "type": "official",
      "cite": "341 Ark. 302"
    },
    {
      "type": "parallel",
      "cite": "20 S.W.3d 271"
    }
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  "court": {
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    "id": 8808,
    "name": "Arkansas Supreme Court"
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    "name": "Ark."
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      "cite": "318 Ark. 520",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "year": 1994,
      "pin_cites": [
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          "parenthetical": "requests for accelerated proceedings and application for temporary relief were denied because the transcript could not be filed in time to decide the case before the scheduled election"
        },
        {
          "parenthetical": "requests for accelerated proceedings and application for temporary relief were denied because the transcript could not be filed in time to decide the case before the scheduled election"
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    {
      "cite": "Ark. Code Ann. \u00a7 16-13-510",
      "category": "laws:leg_statute",
      "reporter": "Ark. Code Ann.",
      "year": 1999,
      "pin_cites": [
        {
          "page": "(c)"
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  "last_updated": "2023-07-14T18:03:19.609022+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "James F. \u201cJ.F.\u201d VALLEY v. David BOGARD, Judge"
    ],
    "opinions": [
      {
        "text": "PER CURIAM.\nOn May 4, 2000, the Circuit Court of IAM. County, Sixth Division, entered an order ruling that Mr. James F. Valley shall not be certified as a candidate for State Representative, District 99, in the Democratic primary election to be held on May 23, 2000. The court further ordered that if the ballots for the primary have already been printed, any votes cast for Mr. Valley shall not be counted.\nOn May 9, 2000, Mr. Valley filed a notice of appeal from the May 4 order. On May 9, Mr. Valley also filed a petition for writ of certiorari, requesting that a stay of the May 4, 2000, order be granted. In Mr. Valley\u2019s notice of appeal, he designated the entire record for the appeal, but stated he had unsuccessfully attempted to contact the court reporter, Ms. Ellen Kuciejski, regarding the transcript and to make the necessary financial arrangements.\nOn May 10, 2000, the Phillips County Board of Election Commissioners responded stating, among other things, that Mr. Valley\u2019s petition and motion for stay be denied, and that his motion to expedite appeal be rejected. Respondent Circuit Judge David Bogard, by the Attorney General\u2019s office, requests Mr. Valley\u2019s claims for relief be rejected, and, more particularly, submits that Mr. Valley\u2019s request for a writ of certiorari be denied because his remedy is one of appeal. The Secretary of State and the State Board of Election Commissioners have filed a response on May 10, 2000, essentially taking no position with regard to Mr. Valley\u2019s eligibility as a candidate for the office of State Representative, District 99.\nFinally, Respondent Arnell Willis filed his response on May 10, 2000, requesting Mr. Valley\u2019s requests for relief be denied. Additionally, he joins other respondents in stating that the appeal record in this matter is grossly incomplete, because no transcript and exhibits have been filed or properly requested.\nOn May 11, 2000, our court issued a writ of certiorari to the court reporter in an attempt to expedite rendering a decision before the May 23, 2000 primary election, even though Mr. Valley\u2019s notice of appeal failed to confirm that he ordered the transcript and made financial arrangements required by the court reporter pursuant to Ark. Code Ann. \u00a7 16-13-510(c) (Repl. 1999). See Ark. R. App. P. \u2014 Civil 3(e) (2000). Instead, as noted above, Mr. Valley asserted in his notice of appeal that he attempted, but failed, to make the required arrangements for the record. Court reporter, Ms. Ellen Kuciejski has submitted her affidavit on this date, May 12, 2000, averring that Mr. Valley, to date, has not made arrangements for the record in this appeal.\nUnder Ark. R. App. P. \u2014 Civ. 3(e) (2000), it is required that the notice of appeal provide that financial arrangements had been made with the court reporter. While Mr. Valley\u2019s appeal is not rendered void, Mr. Valley\u2019s failure to comply with Ark. R. App. P. \u2014 3(e) makes it impossible for this court to expedite this matter in order to decide it before the May 23 primary election. See Wilson v. Cook, 318 Ark. 520, 886 S.W.2d 593 (1994) (requests for accelerated proceedings and application for temporary relief were denied because the transcript could not be filed in time to decide the case before the scheduled election). In the instant case, Mr. Valley has failed to show he has made proper arrangements for the record, and we are unable to determine when a full record can be provided so this court can establish a briefing schedule. For these reasons, we deny Mr. Valley\u2019s requests to a stay and to accelerate this appeal. This court\u2019s May 11, 2000, writ of certiorari was improvidently issued and is withdrawn.",
        "type": "majority",
        "author": "PER CURIAM."
      }
    ],
    "attorneys": [
      "Wilson & Valley, by: Jimmie L. Wilson, E. Dion Wilson, J.E Valley, Andre K. Valley, and Don R. Etherly, for appellant.",
      "Mark Pryor, Att\u2019y Gen., by: Kelly S. Terry, Ass\u2019t Att\u2019y Gen., for appellee."
    ],
    "corrections": "",
    "head_matter": "James F. \u201cJ.F.\u201d VALLEY v. David BOGARD, Judge\n00-539\n20 S.W.3d 271\nSupreme Court of Arkansas\nOpinion delivered May 12, 2000\nWilson & Valley, by: Jimmie L. Wilson, E. Dion Wilson, J.E Valley, Andre K. Valley, and Don R. Etherly, for appellant.\nMark Pryor, Att\u2019y Gen., by: Kelly S. Terry, Ass\u2019t Att\u2019y Gen., for appellee."
  },
  "file_name": "0302-01",
  "first_page_order": 328,
  "last_page_order": 330
}