Austin Roger Carter v. Genesis Alkali LLC, et al.

Petitioner Austin Roger Carter, proceeding pro se, motioned the Wyoming Tenth Circuit District Court to Disqualify Counsel based on the Rules of Professional Conduct and his prior attorney-client relationship with the defendant’s counsel, which was denied. Petitioner appealed the Order Denying that motion to the Tenth Circuit Court of Appeals. The District Court did not recognize the properly taken appeal and proceeded with hearings and ex parte Orders that directly dealt with the subject matter of the pending appeal, including a protective order presumably shielding the attorneys from future entry of information about that relationship. The Questions Presented are: Whether Petitioner’s Fifth and Fourteenth Amend­ ments of the Constitution and related rights of Due Process were violated by the Wyoming Tenth Circuit Court when they proceeded with hearings and Orders that were of the same subject matter rightfully on ap­ peal in the United States Court of Appeals for the Tenth Circuit. Whether an appeal, taken as a right in a Federal Court of Appeals, stays all proceedings in a case. Whether Orders produced during an appeal are valid and enforceable when an appeal has been properly taken. Whether time eliminates an attorney-client privi­ lege and the established relationship as described by the ABA “Rules of Professional Conduct,” therefore ren­ dering those privileges worthless and not appealable.