APPEAL
FROM THE WHITE COUNTY CIRCUIT COURT [NO. 73PR-18-90]
HONORABLE THOMAS M. HUGHES, JUDGE.
Lightle, Raney, Streit & Streit, LLP, by: Jonathan R.
Streit, for appellant.
Leslie
Rutledge, Att'y Gen., by: Jacob H. Jones, Ass't
Att'y Gen., for appellee.
RHONDA
K. WOOD, Associate Justice
Attorney
Jonathan Streit appeals the circuit court's contempt
finding and $100 fine. Streit argues that the evidence was
insufficient to support a finding of contempt. We
affirm.[1]
In May
2018, Streit appeared before the circuit court on a petition
for permanent guardianship over the person and estate of
Betty Bevill. Evidently in the months preceding the hearing,
Streit was involved in a separate, unrelated appeal involving
the same circuit court. See In re Estate of Edens,
2018 Ark.App. 226, 548 S.W.3d 179. In Estate of
Edens, Streit represented the client of another
attorney, Simpson, on an appeal of a denial of a recusal
motion. In that case, Simpson had argued that the circuit
court was biased against him and should recuse from all cases
in which Simpson was associated. The circuit court denied the
motion to recuse. Streit filed the appeal for Simpson's
client, and the court of appeals reversed. Id. The
mandate in Estate of Edens issued in April 2018, and
approximately one month later, Streit appeared before the
same circuit court in this case.
Streit
argues that because he appealed and successfully reversed the
circuit court in Estate of Edens, that the circuit
court took issue with him at the guardianship hearing in the
instant matter. Streit alleges that at the hearing, the
circuit court immediately noted several deficiencies in the
case file, including the lack of necessary professional
medical evidence. The circuit court was unwilling to allow
the matter to proceed without compliance with the statutory
requirements. At that point the following exchange occurred.
Mr. Streit: So just to be clear, if there is an individual
who recognizes and has been diagnosed with dementia and
wishes for a guardianship to be placed over her by her
daughter -
The Court: Sir, you don't need to be clear. I told you
the answer.
Mr. Streit: Judge - I understand that, Judge. I'm going
to make my record.
The Court: Why don't you -
Mr. Streit: I'm going to make my record.
The Court: I tell you what. Why don't you go get the book
and you can read it for yourself?
Mr. Streit: I'm going to make my record because, Judge -
The Court: I don't care if you make your record. You can
...