Missing court reporter records

cjtx · 06-02-2008, 07:28 PM

I took a few editorial liberties to protect the innocent, but basically, this is what happened:

I went to court on a debt collection case.
The judge couldn't help but show her favoring the other party's attorney, who happened to be a friend of hers.
They had several ex-parte communications. And several times I had to wait outside in the hall until they finished talking so we could go together and schedule another hearing.
The other party moved to enforce a clause of the new amended contract and I opposed it because they never produced a copy of the original agreement with a different creditor from which they took over, which might specifically allow or disallow such amendment of the agreement to require arbitration. There was no consideration after the amendment, even though I never officially closed the account.
Anyways, the court ruled in favor of the other party.
We went off the record to work on the order and then when we agreed on the order, we went back before the court and on the record.
This is the part that is missing.
After we informed the court we agreed, she asked me if I had any questions. I said I had a procedural question: Does the deadline to file an appeal start running from today, since you are signing the order today?
She was totally offended by my intent to appeal. Angrily, she asked me how dare I challenge her ruling, etc.?
I kept my cool and told her I might be wrong but I think it is my right to file an appeal if I disagree with her decision.
She kept going on and on about how I was an idiot for trying to appeal one of her decisions, given my insignificant amount of damages.

Obviously, it's no accident these records are missing.

Are there any recourses? Do I have to sue the court reporter to subpoena his records? File a complaint? Any ideas are welcome.

Is this unusual or do judges routinely order their court reporters to erase certain unfavorable records?

centex · 06-02-2008, 07:56 PM

I do not recall a case where the reporter's record had been 'erased.' It is not uncommon for some discussions to occur during a break in proceedings where the Court is not in session as far as the reporter is concerned.

There are also occasions where portions of the record are simply missing because of age or even sloppy work by the reporter. Costs for the preparation of a transcript in a case are generally borne by the party seeking the production of said transcript, and the payment arrangements are made directly between the party and the reporter.

If the Court had gone off record following the agreement you reference, then there is no error in the reporter having not gone back on record during your discussions with the bench...

cjtx · 06-02-2008, 08:10 PM

We did go back on the record. I remember the judge asked the reporter to stick around. After drafting the order, we told the judge we were ready and we had to wait for the court reporter to come back from a break and then I couldn't believe the judge said all that biased stuff for the record. After a little while we went off the record again. Later, we went on and off the record several times.

There are no records whatsoever of this part of the hearing which took place only 2 months ago. The other party was particularly overzealous about getting everything on the record.

I already got the transcript for the first part of the hearing, where it's very clear we were going to come back on the record, but the court reporter claims she doesn't have anything else.

centex · 06-02-2008, 09:14 PM

Then you would get an affidavit from the Reporter to include with the Record on Appeal.

cjtx · 06-02-2008, 09:28 PM

Thanks!!!!

I'm not sure I want to face this judge again if the case gets remanded, but at the same time I don't want to let them get away with it just because I don't know the secret handshake.

Enigma · 06-02-2008, 11:43 PM

Quote:

Originally Posted by cjtx

Thanks!!!!

I'm not sure I want to face this judge again if the case gets remanded, but at the same time I don't want to let them get away with it just because I don't know the secret handshake.

Secret Handshake = Rules of Civil Procedure

cjtx · 06-03-2008, 04:42 AM

Quote:

Originally Posted by Enigma

Secret Handshake = Rules of Civil Procedure

I wish it were just the RCP. Although I admit my knowlege is limited, but in this case it was the buddy-buddy system at its best.

At one hearing, the judge set a standard of proof for the other party which was impossible (given the facts of the case, not that it would be unreasonable if they were right) and she ordered for them to produce a very specific piece of evidence (which again, they could not produce because it was opposite to the facts).

The next hearing, the other party's attorney began by saying we are supposed to prove so and so and bring such and such evidence.... and then when they did not satisfy the burden of proof nor produced the evidence they themselves reminded the court of, I objected and the court claimed alzheimer's, and that she did not remember anything about the standard of proof and the evidence they were supposed to produce.

I showed her the transcripts and she still refused to enforce her own order or hold the attorney in contempt for disobeying her orders.

Considering all the ex-parte communications and the mysterious disappearance of certain records that reveal bias, I think there were enough irregularities to at least claim the court abused its discretion on several rulings.

I guess that's what appeals are for... to overcome the buddy-buddy system.

centex · 06-03-2008, 10:13 AM

well, no that ISN'T what appeals are for. Appeals are to correct those issues that were contrary to the RCP and RoE where the alleged wrong can be documented. Hopefully you properly preserved the error(s) and can show that WRITTEN orders existed or you will be up a creek...

cjtx · 06-03-2008, 12:25 PM

True, but the side effect is the same: no more playing favorites.

I documented all the important errors and preserved as much evidence as I could. Not too bad of a job for my first-time-around. Of course, it could have been better, and I still have a long way to go, but it's impressive how so many lawyers fail to follow basic steps to prepare the grounds for an appeal.

centex · 06-03-2008, 12:48 PM

Hopefully you DO realize that appellate judges are elected officials and the friendships and acquaintances do not disappear simply because someone is elected to a higher bench...who do you think provides most of the campaign contributions? Your one saving grace is that most appellate proceedings (other than from JP to a County Court) do not involve oral argument but rather are submissions on the briefs only.

spinn · 06-03-2008, 08:02 PM

Quote:

Originally Posted by centex

Hopefully you DO realize that appellate judges are elected officials and the friendships and acquaintances do not disappear simply because someone is elected to a higher bench...who do you think provides most of the campaign contributions? Your one saving grace is that most appellate proceedings (other than from JP to a County Court) do not involve oral argument but rather are submissions on the briefs only.

In other words....these Judges are not emotionally qualified to be judges.

Why dont they go work for tobacco companies?