Opinion
05-21-00963-CV
03-02-2022
IN THE MATTER OF D.J., A JUVENILE
On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JD-20-00931-X
ORDER
BONNIE LEE GOLDSTEIN, JUSTICE.
The reporter's record in this appeal, or written verification no hearings were recorded, has not been filed despite four directives from this Court. Our first directive set December 4, 2021 as the deadline; our second and third directives set January 4 and February 2, 2022, respectively, as the deadlines. By order dated February 14, 2022 we yet again directed Pamela Sumler to file the reporter's record or written verification no hearings were recorded with February 24, 2022 as the deadline.
Rather than filing the record or requested verification, Ms. Sumler instead filed a letter dated February 16, 2022, but received in the Court on February 27, 2022 stating that "no attorney has contacted me asking for the record, nor has anyone made any arrangements to pay for the record in this case." In response to that letter, a notice was sent to appellant requesting documentation regarding a request and payment.
Contrary to Ms. Sumler's assertions, the record has been requested and appellant is not required to make arrangements for payment with Ms. Sumler. Our record contains a December 23, 2021 notice of a request for preparation of the reporter's record. The request shows it was delivered to Ms. Sumler via the efiling system and was sent to Ms. Sumler on December 23, 2021 at 12:01:43 pm. We have attached a copy of the request for the record for Ms. Sumler's convenience. We note that we brought that request to Ms. Sumler's attention in our January 12, 2022 order. Further, as we previously explained to Ms. Sumler in both our January 12, 2022 order and our February 14, 2022 order "appellant is represented by appointed counsel, [so] any record shall be filed without payment of costs."
Accordingly, we VACATE our notice to appellant dated February 28, 2022 and ORDER Pamela Sumler, Official Court Reporter for the 305th Judicial District Court, NOT SIT as a court reporter until such time as Ms. Sumler complies with this Court's orders by filing either (1) the complete reporter's record in this appeal, or (2) written verification no hearings were recorded.
We DIRECT the Clerk of the Court to send a copy of this order to:
Honorable Cheryl Lee Shannon
Presiding Judge
305th Judicial District Court
Ms. Pamela Sumler Official Court Reporter 305th Judicial District Court
Dallas County Auditor's Office
All parties