FW: Gossett v. Haynes Valley Brook - Application
Good afternoon everyone. I am passing this one along at Ray Vincent's request. Thanks!
From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Friday, February 18, 2022 10:37 AM
To: Daniel McClure daniel@oml.org
Subject: Fw: Gossett v. Haynes Valley Brook - Application
Jeff Box asked J Haynes if he could bring a court reporter to a trial next Wednesday. J Haynes said no. Box applies for a writ attached. J Bonner grants the writ stating that the Defendant had to pay the cost. J Haynes thinks that this will open it up so that every municipal court not of record will be required to provide a court reporter. He wants me to writ the District Judge. Thoughts.
Ray
I'll share an abbreviated version of my response to Ray for the benefit of
the group.
“One cannot create a court of record out of one that is not a court of
record by having a transcript made. The transcript would have no more
weight or use than a deposition or a preliminary hearing transcript would
have.” City of Oklahoma City v. Leonard, 1988 OK CR 191, ¶3, 763 P.2d
379.
I do not believe an argument can be made that a Court Not of Record must
provide a Reporter at the City's expense. The statutes related to
Reporters, 20 O.S. 106.1 et seq., delegate authority to the Supreme Court
to determine numbers of Reporters but only for State judicial districts.
There is nothing creating a requirement for reporters in CNOR. Moreover, if
you look at 11 O.S. 28-108, it only contemplates that Reporters could be
appointed in Municipal Courts of Record.
That said, I certainly would not (and, in the one instance where it has
come up, have not) oppose a Defendant's request to bring a Reporter at
their expense. A transcript of a criminal trial is usually made for
appellate purposes, but as the above opinion makes clear, it serves no such
purpose in an appeal to District Court from a conviction in a CNOR. But it
could still serve other purposes, such as creating a record for possible
use in impeaching witnesses in the de novo trial. I do think a due
process argument could be made if a CNOR refuses to allow a Defendant to
bring their own qualified Reporter.
On Fri, Feb 18, 2022 at 11:01 AM Daniel McClure daniel@oml.org wrote:
Good afternoon everyone. I am passing this one along at Ray Vincent’s
request. Thanks!
From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Friday, February 18, 2022 10:37 AM
To: Daniel McClure daniel@oml.org
Subject: Fw: Gossett v. Haynes Valley Brook - Application
Jeff Box asked J Haynes if he could bring a court reporter to a trial next
Wednesday. J Haynes said no. Box applies for a writ attached. J Bonner
grants the writ stating that the Defendant had to pay the cost. J Haynes
thinks that this will open it up so that every municipal court not of
record will be required to provide a court reporter. He wants me to writ
the District Judge. Thoughts.
Ray
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We have responded to Ray privately. But, for the benefit of others, this came up in Norman years ago, but it was in the context of recording testimony in a traffic case that involved an accident with property damage and personal injury. Normally, defendants in those instances just plead nolo contendre and go through the civil discovery process for the impending civil case. However, in this case an attorney wanted a court reporter simply to record the testimony under oath. The attorney wanting the court reporter paid for the expense. We researched it then, and had a hard time coming up with any reason to not allow someone to record the sworn testimony. I don't remember the outcome of the traffic citation, but I don't think it was appealed. Even if it were appealed, it would be a trial de novo in District Court anyway.
I would not recommend filing a Writ to the Supreme Court challenging the District Judge's ruling to allow a court reporter to record the testimony offered in a Municipal Court of Record. If the City is not required to pay for or provide the court reporter, I do not see a valid objection. The Municipal Court Judges in Norman would allow a Court reporter to record the testimony at the requestor's expense when I was there. I am not sure how the Municipal Court Judge is harmed and I do not think the Supreme Court would be empathetic here.
I would be curious if others have a different perspective.
Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org
[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
Cell: 405-830-8672
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From: Daniel McClure daniel@oml.org
Sent: Friday, February 18, 2022 10:57 AM
To: OAMA luistserv oama@lists.imla.org
Subject: [Oama] FW: Gossett v. Haynes Valley Brook - Application
Good afternoon everyone. I am passing this one along at Ray Vincent's request. Thanks!
From: rayvincent@coxinet.netmailto:rayvincent@coxinet.net <rayvincent@coxinet.netmailto:rayvincent@coxinet.net>
Sent: Friday, February 18, 2022 10:37 AM
To: Daniel McClure <daniel@oml.orgmailto:daniel@oml.org>
Subject: Fw: Gossett v. Haynes Valley Brook - Application
Jeff Box asked J Haynes if he could bring a court reporter to a trial next Wednesday. J Haynes said no. Box applies for a writ attached. J Bonner grants the writ stating that the Defendant had to pay the cost. J Haynes thinks that this will open it up so that every municipal court not of record will be required to provide a court reporter. He wants me to writ the District Judge. Thoughts.
Ray
