Atlanta, GA asked in Criminal Law and Admiralty / Maritime for Georgia

Q: Here in GEORGIA, what are the rules of giving notice to a defendant in the case of transcript reconstruction?

The court reporter failed to create record of plea hearing. Later, the prosecutor sent a proposed transcript to defendant. Defendant was given no certain time by which to respond. Nor was defendant made aware that the proposed transcript would become the true and official transcript if he did not respond in a timely manner. As a result, the defendant did not respond timely, which resulted in the proposed transcript becoming the true and official transcript of his case.

1 Lawyer Answer
Glenn T. Stern
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Answered

A: Under Georgia law, reconstructed transcripts are governed by OCGA §5-6-41(g), which states

"Where a trial is not reported as referred to in subsections (b) and (c) of this Code section or where for any other reason the transcript of the proceedings is not obtainable and a transcript of evidence and proceedings is prepared from recollection, the agreement of the parties thereto or their counsel, entered thereon, shall entitle such transcript to be filed as a part of the record in the same manner and with the same binding effect as a transcript filed by the court reporter as referred to in subsection (e) of this Code section. In case of the inability of the parties to agree as to the correctness of such transcript, the decision of the trial judge thereon shall be final and not subject to review;"

By your own admission, the defendant did not respond to the state's proposed transcript in a timely manner, and as such, the trial judge decided that the parties were "unable to agree" and that since your defendant did not respond and offered nothing-the state's proposed transcript was sufficiently accurate to be filed into the record. The fact that the defendant apparently was unaware of the court process and the possible ramifications for failing to timely respond is not a valid defense. Attorneys are deemed competent by the court in all matter before it, and it is the attorney's obligation to understand the relevant laws and court rules respective to the issues in their case. And if the Defendant was representing themselves "pro se," they should have been cautioned by the court before proceeding that representing one's self is allowed but not recommended- doing so is potentially hazardous, as they will be held to the same high standard as trained, license attorneys are-despite being not sufficiently educated on the law, case history, evidence and court rules.

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