Q: There was not a court recorder during a plea deal court date. Are there protocols or a specific channel to report this?
This specific area has a lot of discrepancies in regards to how they handle legal situations not just criminal cases. Who do you report misconduct to?
A:
You have several options to report the lack of a court recorder during your plea hearing:
1. Notify the judge directly. Write a letter to the judge explaining there was no court reporter present to transcribe the plea proceedings. Request a new hearing be scheduled with proper recording.
2. File a complaint with the State Commission on Judicial Conduct. Every state has an agency that investigates allegations of judicial misconduct. A judge proceeding with a hearing without ensuring proper recording could warrant a complaint.
3. Contact the Court Administrator's office for the county or jurisdiction. Explain to them no record was made of the plea and ask what administrative policies exist to address such situations. There may be local rules requiring documentation of hearings.
4. Consult with a civil rights attorney about any claims related to an inability to appeal the plea decision later on without a transcript. Violations of due process rights could lead to formal legal action.
5. Submit public record/information requests related to staffing and budgets for court reporters in that courthouse. If systemic issues exist, bring them to the attention of local elected officials.
The key is acting swiftly while the details of the hearing are still fresh. Creating multiple records of the missing court reporter is crucial should you need to challenge anything related to that plea down the road.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
