2 NICS App. 159, In The Matter of T.K. (May 1992)

IN THE BURNS PAIUTE TRIBAL COURT OF APPEALS

BURNS PAIUTE INDIAN RESERVATION

BURNS, OREGON

In The Matter of T.K., * a Minor Indian Child

No. JV-85-003 (May 4, 1992)

SUMMARY

According to court order, the appellant's attorney was to file a written brief with the court and serve it on the respondent not later than October 11, 1991. Although the attorney certified that he filed and served the brief on October 7, 1991, the Court of Appeals found the brief was in fact filed and served on October 24, 1991. The court therefore issued an order of reprimand to the attorney for writing the wrong date on the certificate of filing and service.

FULL TEXT

Before:

Chief Justice John L. Roe, Associate Justice Calvin E. Gantenbein, and Associate Justice Douglas Hutchinson.

ORDER OF REPRIMAND

PER CURIAM.

The Burns Paiute Court of Appeals, having reviewed the files in this case, finds that David B. Hydes, Attorney at Law, was negligent by carelessly signing a certification of filing with a wrong date.

The appellant's brief was ordered to be served on respondent and filed with the court no later than October 11, 1991. Mr. Hydes certified that he filed appellant's brief with the Burns Paiute Tribal Court clerk on October 7th, 1991. He also certified that, on the same date, he served the brief on Linda Beaver and the Tribe's prosecutor, Ken Bardizian. However, we find that this brief was actually filed and served on October 24th, 1991. Mr. Hydes' incorrect certification date made it appear as if the brief had been filed and served early when in fact it was filed and served late.

Attorney David B. Hydes, OSB #83246, is hereby reprimanded for negligently signing the certificate of filing and service of appellant's brief with the wrong date.


*

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