Matt, et al, For whatever likely very little value it adds, Glenpool [CNOR] was once confronted with the question of its obligation vel non to provide a court reporter in the context of a jury trial for a defendant whose liability included a fine in excess of $500.00 and incarceration for up to six months. We determined there is no circumstance under which a municipal CNOR is ever obligated to provide a court reporter – whether at the City’s or the defendant’s expense. However, like you, we also concluded that the City must allow the defendant to provide their own court reporter at their expense if they so request. On a different but perhaps related note, what is the scope of a CNOR’s duty to provide a court-appointed defense attorney for an indigent defendant? We concluded that, if requested to do so in the instance of the more serious misdemeanor described in the first paragraph, we would be obligated to comply. Fortunately, in my 12 years+ experience, we only had that come up once and the defendant decide to accept a deferred without legal counsel, so it was never fully resolved. Lowell Peterson 22309 E. 67th Street S. Broken Arrow, OK 74014 lpeterson@live.com<mailto:lpeterson@live.com> Cell (918) 805-4090 From: Matt Love <matt.love@gmail.com> Sent: Friday, February 18, 2022 11:26 AM To: Daniel McClure <daniel@oml.org> Cc: OAMA luistserv <oama@lists.imla.org> Subject: [Oama] Re: FW: Gossett v. Haynes Valley Brook - Application 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<mailto:daniel@oml.org>> wrote: Good afternoon everyone. I am passing this one along at Ray Vincent’s request. Thanks! From: rayvincent@coxinet.net<mailto:rayvincent@coxinet.net> <rayvincent@coxinet.net<mailto:rayvincent@coxinet.net>> Sent: Friday, February 18, 2022 10:37 AM To: Daniel McClure <daniel@oml.org<mailto: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 -- Oama mailing list -- oama@lists.imla.org<mailto:oama@lists.imla.org> To unsubscribe send an email to oama-leave@lists.imla.org<mailto:oama-leave@lists.imla.org>