Opinion
No. 04-16-00615-CR
04-18-2017
IN RE Lisa RAMOS
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR2022
Honorable Pat Priest, Judge Presiding
ORDER
This is a contempt proceeding ancillary to appeal number 04-16-00615-CR, styled Chima Okorie v. The State of Texas, currently pending in this court. The reporter's record in this appeal was originally due November 7, 2016. There were three reporters responsible for different portions of the record in this case. Bettina J. Williams filed her portion of the record on October 12, 2016, and Roxanne Pena filed her portion of the record on November 8, 2016. Reporter Lisa Ramos did not file her portion of the record by November 7, 2016. We notified Ms. Ramos by letter regarding her failure to file the reporter's record. Our notice required Ms. Ramos to file the record no later than December 15, 2016, unless appellant had failed to pay or make arrangements to pay the fee for preparing the record and is not entitled to appeal without paying the fee, in which case Ms. Ramos was required to file a notice so advising the court no later than November 28, 2016. We received no response from Ms. Ramos.
Accordingly, on December 30, 2016, we ordered Ms. Ramos to file her portion of the record in this court on or before January 30, 2017. Ms. Ramos was advised that if the record was not received by the date set forth in the order, we might order her to appear and show cause why she should not be held in contempt. Ms. Ramos was further advised that no extensions of time would be granted absent written proof of extraordinary circumstances. Ms. Ramos filed neither the reporter's record nor any other response to our order.
The clerk's office of this court attempted to contact Ms. Ramos by telephone on January 31, 2017, but could not reach her. Voicemails were left for Ms. Ramos at two separate numbers, advising that it was "imperative" that Ms. Ramos contact the court. When she did not respond, the clerk's office sent Ms. Ramos an email, again asking that she immediately contact the court. On February 1, 2017, Ms. Ramos replied to this court by email, advising she had not completed the record because she has "been diagnosed with a condition which I would rather not disclose via email which is making it difficult to complete the record." She stated her intent to employ an attorney to speak to the court on her behalf. She further stated she intended "on filing the record as soon as possible," perhaps within the next thirty days.
On February 2, 2017, after reviewing Ms. Ramos's email and based on her representations therein, we ordered her to file her portion of the record in this court on or before March 6, 2017. We again advised Ms. Ramos that if the record was not received by this date, we might order her to appear and show cause why she should not be held in contempt. She was further advised that no extensions of time would be granted absent written proof of extraordinary circumstances. Finally, we advised Ms. Ramos that in the event she could not complete the record by the date ordered, she should contact the court in writing. Once again, Ms. Ramos failed to comply with this court's order.
On March 8, 2017, the clerk of this court contacted Ms. Ramos by telephone and email regarding the status of the record. This time, Ms. Ramos advised that she had not completed the record because she had not yet received the renewal of her reporter's certification, precluding her from filing either the record or a notification of late record. This court contacted the certification body and learned Ms. Ramos's recertification was complete effective February 27, 2017. The clerk of this court contacted Ms. Ramos, advised her of the results of our inquiry, and requested that she immediately file a notification of late record. Ms. Ramos advised the clerk of this court that she had not checked the certifying body's public website regarding her certification because she was busy studying for and taking mid-term exams. Ms. Ramos did not file a notification of late record until Monday, March 13, 2017.
In her March 13, 2017 notification of late record, Ms. Ramos asked this court to grant her yet another extension of time to file the record. She asked that we extend the time to file the record to Saturday, March 25, 2017. In support of her request, she stated she was unable to work on her portion of the record because of "several medical problems" and her failure to "renew [her] CSR license timely." She stated her license has now been reinstated, she is able to devote more time to completing the record, and that she has engaged the services of a scopist.
Based on Ms. Ramos's representations, we granted her another extension of time to file the reporter's record. We ordered her to file the record in this court on or before March 25, 2017 — the date requested in her latest notification of late record. We again advised Ms. Ramos that if the record was not received by the date ordered, we might order her to appear and show cause why she should not be held in contempt. We further advised her that no further extensions of time would be granted. This order was served on Ms. Ramos by certified mail, return receipt requested, and by first class United States mail. Ms. Ramos did not file the reporter's record nor did she contact this court.
On Monday, March 27, 2017, the clerk's office of this court contacted Ms. Ramos by email, inquiring about the status of the record and reminding her that pursuant to our order of March 17, 2017, the record was due in this court on March 25, 2017. Ms. Ramos responded by email as follows:
Unfortunately, my scopist contracted the flu last week. She believes she will have her portion of the record on Okorie done by Thursday. I will then have to index it of course. Her portion is the Voir Dire and a pretrial motion. And hopefully file it via Tames Portal. The rest of the record is being indexed as I type this email. I have hired an additional scopist to help with the remaining records I have pending so hopefully this will not happen again. Please understand I am a full-time student at UTSA and I have
been skipping classes in order to work on these records, which is substantially impacting my grades. I am not ignoring the responsibility. This deadline got by me because I actually believed it was due this Friday. So ultimately, I understand this is my responsibility.
As a result, on March 29, 2017, we ordered court reporter Lisa Ramos to appear in the courtroom of the Fourth Court of Appeals, 300 Dolorosa, Suite 3200, San Antonio, Texas 78205, on April 18, 2017, at 2:30 p.m. before a panel consisting of Justice Barnard, Justice Martinez, and Justice Alvarez to show cause:
1. why she should not be held in criminal contempt and civil contempt of this court for violating this court's March 17, 2017 order by failing to file the reporter's record no later than March 25, 2017; and
2. why she should not be sanctioned.
Our order advised Ms. Ramos that she has the right to be represented by counsel at the show cause hearing and the proceedings will be recorded by a certified court reporter. The court's order was personally served on Ms. Ramos by Deputy Jesus Gonzales, #729 on March 31, 2017, at 9:53 a.m. Prior to the date of the hearing, Ms. Ramos filed her portion of the reporter's record in its entirety.
Ms. Ramos personally appeared before the court at 2:30 p.m. to show cause why she should not be held in contempt of court. Ms. Ramos appeared with her counsel, attorney Michael Ramos, and he announced "Ready" on her behalf. In addition, Ms. Ramos and her attorney agreed on the record to waive any objection to Justice Irene Rios substituting on the panel for Justice Rebeca C. Martinez for purposes of the contempt hearing and any resulting judgment of contempt. The court took judicial notice of its own file and determined that Ms. Ramos failed to timely comply with this court's prior order dated March 17, 2017. The court gave Ms. Ramos an opportunity to show cause why she should not be held in contempt for violating our prior orders. Ms. Ramos admitted she failed to file a complete reporter's record as ordered by the court on March 17, 2017. Ms. Ramos explained that medical conditions and issues in her personal life resulted in her violation of this court's order.
After deliberating, the court finds from the evidence that Ms. Ramos should be held in contempt of this court for failing to comply with this court's order dated March 17, 2017. It is therefore ORDERED, ADJUDGED, AND DECREED by the Court of Appeals, Fourth Court of Appeals District of Texas, that:
Lisa Ramos is in contempt of this court for failing to comply with this court's order dated March 17, 2017, by failing to file the reporter's record in appeal number 04-16-00615-CR, styled Chima Okorie v. The State of Texas, by March 25, 2017;
Lisa Ramos shall be fined in the amount of $500.00, payable to the Clerk of the Court of Appeals, Fourth Court of Appeals District of Texas, not later than Thursday, April 20, 2017, at 5:00 p.m.; and
Lisa Ramos shall pay all costs of this proceeding to the Clerk of the Court of Appeals, Fourth Court of Appeals District of Texas no later Thursday, April 20, 2017, at 5:00 p.m.
IT IS ORDERED that the Clerk of this court shall submit a copy of this contempt judgment to the Judicial Branch Certification Commission f/k/a the Court Reporter's Certification Board for investigation and any other action the Commission may deem appropriate. We authorize the Clerk to complete any paperwork required by the Commission. See TEX. GOV'T CODE ANN. § 154.109 (West Supp. 2016).
IT IS FURTHER ORDERED that Clerk of this court mail and fax a copy of this judgment to the parties.
IT IS FURTHER ORDERED that all writs and other process necessary for the enforcement of this judgment be issued.
SIGNED April 18, 2017.
/s/_________
Marialyn Barnard, Justice
/s/_________
Patricia Alvarez, Justice
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said court on this 18th day of April, 2017.
/s/_________
Keith Hottle, Clerk