Opinion
05-21-00655-CV
10-28-2021
IN THE INTEREST OF A.R.S., A CHILD
On Appeal from the 382nd Judicial District Court Rockwall County, Texas Trial Court Cause No. 1-19-0972
ORDER
BILL PEDERSEN, III JUSTICE
This accelerated appeal from a decree terminating parental rights was filed August 3, 2021. The reporter's record was requested August 11, 2021 but was not filed until October 7, 2021. It consists of fifteen volumes. The first eight, consisting of the index and pre-trial hearings, and volume 14, the charge conference, closing arguments, and jury verdict, were prepared by the trial court's official reporter, Linda Maddox; volumes 9 through 13, consisting of the jury selection and trial on the merits, and presumably volume 15, the exhibits, were prepared by deputy court reporter LaToya Young-Martinez. As represented by appellant in a letter filed October 26, 2021, the portion prepared by Ms. Young- Martinez does not concern proceedings in this case. Although appellant has asked the record be corrected, it has not been corrected to date.
We note Ms. Young-Martinez filed a letter on October 25 explaining she was aware of the issues with the portion of the record she prepared and would file a corrected record by October 30. We also note that we have had incomplete and inaccurate records filed by Ms. Young-Martinez in other appeals that have resulted in substantial delays and wasted judicial resources and further, that a review of the five volumes she filed in this appeal reflects numerous errors in each volume and significantly, that they concern proceedings in four separate and unrelated cases that involve sensitive matters that have now been disclosed to third parties.
Given these facts as well as the time-sensitive nature of this appeal, we determine the best course to ensure the missing record is filed without further delay, omissions, and inaccuracies is for the trial court to conduct a hearing at which both Ms. Young-Martinez and Ms. Maddox, as the Official Court Reporter, shall be present. The trial court shall hold the hearing no later than November 4, 2021 and provide the parties forty-eight hours' notice.
If Ms. Young-Martinez has prepared the corrected record, she shall bring the record to the hearing and the trial court shall make written findings concerning its accuracy. If no inaccuracies or omissions are found, the corrected record shall be filed in the Court no later than noon on November 5, 2021, along with a supplemental clerk's record containing the written findings.
If the trial court finds any inaccuracies or omissions that would affect the resolution of the appeal or if the corrected record has not been prepared, the trial court shall determine if Ms. Young-Martinez's notes and records are available for transcription by Ms. Maddox. If the notes and records are available, the trial court shall make written findings, to be filed in a supplemental clerk's record no later than November 5, 2021, and shall order Ms. Young-Martinez to turn the notes and records over to Ms. Maddox by a date and time certain, but in no event any later than November 5, 2021 at 5:00 p.m. Ms. Maddox shall prepare and file the record by November 10, 2021, and to ensure this deadline is met, the trial court must arrange for a substitute reporter if necessary. See TEX. R. APP. P. 28.4(b)(1).
If the notes and records are not available, the trial court shall make written findings as to whether the missing portion of the record is necessary to the appeal's resolution and can be replaced by agreement of the parties. The written findings shall be filed in a supplemental clerk's record no later than November 5, 2021. A reporter's record of the hearing shall also be filed no later than November 5, 2021.
We STRIKE volumes 9 through 13 of the reporter's record and caution the parties that the deadlines for filing their briefs, which will be set upon resolution of the issues concerning the reporter's record, may be shortened in light of the circumstances. See id. 38.6(d); see also TEX. R. JUD. ADMIN. 6.2. We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Brett A. Hall, Presiding Judge of the 382nd Judicial District Court; Ms. Maddox; Ms. Young-Martinez; and, the parties.
We ABATE the appeal to allow the trial court an opportunity to conduct the hearing. The appeal shall be reinstated no later than November 11, 2021.