A RUMPOLE RANT

Before we rant, new security changes at the main jail. You get screened when you walk in. There are lockers in the lobby.  Once again we note that TGK is the only jail that screens you twice. 

COURT REPORTERS - A RANT
Court reporters work very hard. They do an excellent job and like many others in the criminal justice system, they are under-paid. So ok- we are on your side. 
BUT
What is the deal with the sanctity and inviolability of the all important "notice of deposition"? 
Try getting a court reporter to show up without a notice of deposition. 
You can get a brain surgeon to the operating room easier. You can get the President of the United States to your home easier. You can get front row seats for Hamilton on Broadway easier. 

We do not normally deal with such pedestrian matters. We have "people" who handle the paper work. But it came to pass the other day that we needed a court reporter for a deposition on a last minute basis and we called several - many of whom we have known for decades. 
"Can you appear XXXX at 3PM to take a deposition?"
"Can you send us a notice of deposition?"
"No. I'm out. Staff members at the office are sick and others are on vacation. Here's the case number. Here's the defendant's name. Here's the witnesses name. For chrissakes here's our credit card. Just show up and take a twenty minute depo..."
"But you don't have a notice of deposition?"
'NO NO WE DO NOT HAVE A NOTICE OF DEPOSITION. THE FAA GROUNDED THE 737 FLEET WITH LESS PAPERWORK. CAN YOU JUST SEND SOMEONE WITH A MACHINE TO RECORD AND TRANSCRIBE THE QUESTIONS AND ANSWERS?"
"Well, without a notice of deposition..."

"…Mr. President there is a meteor heading to earth which will destroy all life. But we have calculated that if we can get three court reporters to show up at NASA in Florida, we can deflect the asteroid and save life on earth."

"Well, get it done. Save the planet."

"Umm, the problem is they all are requiring a notice of deposition before they appear and there isn't sufficient time..."

You can get the US Attorneys Office to offer Pre-trial diversion easier than getting a court reporter to show up without a notice of depo.  It's easier to get a judge to pick up their bar tab. Or get a sticker for lot 26. Or for the Dolphins to find a decent starting QB. Or to get a table at Joes on Saturday night. 

Why does it have to be this difficult? 

Thanks, now we feel better.

COURT REPORTERS TO STRIKE??

Court reporters of Miami-Dade Unite!!!

You have nothing to lose but the chains of your low per-page rates and your shameful treatment by the Florida Legislature!

Many of you saw the Miami Herald, (reprinted on this reporting blog) article this past Sunday in which long time court reporter Vanester Collier refused to transcribe the trial of a defendant who was indigent because the Florida Legislature changed the per page rate for indigent defendants from $5.50 per page to $3.95 per page. This provision was sneaked into the budget at the last minute and in Ms. Collier's case, it applies retroactively to the work she has already done.

Put another way, the Legislature changed the rules in the middle of the game and there's nothing Ms. Collier can do about it. Except STRIKE BACK.

In response to this outrageous treatment, which is nothing less than down right theft of services, Rumpole calls for the Court Reporters of Miami-Dade to go on strike. STRIKE STRIKE STRIKE. Lets get 60's and take it to the streets! Log on, tune in, and drop out for a day.

Which day?

Thanksgiving is Thursday November 25. We offer two suggestions: the first is Wednesday November 24, which would be a somewhat conciliatory move on the part of court reporters as the day before a holiday is usually light in terms of courtroom work. However, if they really want to make a statement, then they should go out on strike on MONDAY November 22, 2010.

If the State Legislature thinks they can treat people this way, let them see what it's like if these people just say no. If, like the plot of Atlas Shrugged, the court reporters, who are as important in the justice system as the clerk, judge, or lawyer, just go on strike rather than accept the shoddy treatment of their profession, they might get treated with a little more respect by the politicians in Tallahassee.

Rumpole says STRIKE. What say you Court Reporters of Miami-Dade?

THE COURT REPORTERS STRIKE BACK

Tomorrow (or today if you are reading this on Friday) Circuit Judge David Miller will be hearing an emergency motion at 7:15 AM (yes 7:15 AM!!!) on this lawsuit:

GOLDMAN, NACCARATO, PATTERSON,
VELA, & ASSOCIATES, INC.,
Plaintiff,

versus

KATHERINE FERNANDEZ RUNDLE,
Miami-Dade County State Attorney;
Administrative Office of the Courts of the
11th Judicial Circuit, JUSTICE ADMINISTRATIVE
COMMISSION, an Agency of the State of Florida,
RICHARD ROSENBAUM, “Private Court-
Appointed Counsel” or attorneys representing
“indigent for costs” defendants.
Defendants.


This gist of the lawsuit filed by attorney John R. Sutton: Goldman Naccarato, a well known and well respected court reporting firm, demanded that JAC pay their firm for 40 thousand dollars in unpaid court reporting bills. JAC responded in the manner that we would expect this wonderful agency to do- they terminated Goldman Naccarato's contract, including the six felony courtrooms the firm was contracted to cover.

HERE IS PART OF THE LAWSUIT'S REQUEST FOR A DECLARATORY JUDGMENT:
32. The Plaintiff anticipates certain orders of transcripts after being terminated by JAC.
33. The Plaintiff recognizes and wishes to comply with its duties to timely provide proper transcription of all necessary proceedings.
34. The Plaintiff is unable to identify a responsible party for the invoices.
35. The Plaintiff has no available remedy as a matter of law and has come to
equity with clean hands.
36. This is a very real and emergent controversy for which there is an adversarial relationship regarding the payment of the Plaintiff’s invoices for orders in the future after termination.
37. This controversy is as emergent as is the operation of the Circuit Courts in and for Miami Dade County which require reporters to function.
38. The Plaintiff emphasizes its satisfaction in working for the State Attorney, Public Defender, and the Circuit Courts, but suffers the quagmire of substantial and sometimes overnight transcription, and delivery of lengthy transcripts of court proceedings when the Plaintiff is terminated by JAC and has no certain right to payment by any known party. As such, all interested parties are named herein.
39. The Plaintiff’s business is at stake as its reporters will resign if prompt payment under contract is not assured and the Exhibit 2 termination overruled as an improper tortious interference with contractual rights.
40. Upon knowledge and belief, it is clear and apparent that PCAC and indigent for costs attorneys will order both transcripts of court proceedings and deposition transcripts.
41. In contradiction to the above, it is clear and obvious that appellate courts will enforce prompt delivery of transcripts.
42. The Plaintiff wishes to carry out its duties under Exhibit 1 and urges interested Defendants to assist in the development of a certainly reliable plan for compensation.
43. This Court should take jurisdiction of this matter and find that it is a matter of great importance and schedule an appropriate evidentiary hearing to evaluate the status of the conflict in Exhibits 1 and 2 and thereupon render instructions to the Plaintiff so that it is not required to deliver transcripts on penalty of fine or contempt and then without payment.
44. It is the Plaintiff’s concern and belief that the JAC terminated its contractual relationship with Plaintiff as retaliation for Plaintiff filing a Complaint for outstanding payments.
45. The Plaintiff has elected to file this action to identify the predicament and obtain instruction from this Court regarding transcription of depositions and court proceedings including trial transcripts, to Defendants represented by court-appointed counsel or who have been declared insolvent for costs

Wherefore the Plaintiff prays for Declaratory Judgment, emergency evidentiary hearing and requests this Court order all Defendants appear in Miami Dade County Circuit Court to present its analysis of the problem and solution to the problem.

Rumpole says: when JAC refuses to pay court reporters, our clients suffer. In a sense, the prosecution is getting through the back door, what they couldn't get through the front door: doing away with depositions in felony cases. If JAC prevails, we will enter an era where your clients will truly only be able to get the justice they can afford to pay for.

Many of our readers know the court reporting firm and the principals who run it. We have had no contact with them on this matter whatsoever. We obtained the lawsuit from another source. However, it might be nice to tell the reporters that you stand behind them, and offer them whatever assistance they may need- from a donation to pay for costs of the litigation, to offering to be a witness in their case. We as defense attorneys are strongest as advocates for our clients when we speak with one united voice. In this matter more than the welfare of this court reporting firm is at stake. Our ability to defend our clients is also being directly threatened by JAC. We need to support these court reporters as they "strike back." May the force be with them.

See you in court.