Where is the record? ... File the record or else!
O R D E R T O S H O W C A U S E
PER CURIAM
This is a contempt proceeding ancillary to the appeal of Salviano Martinez. The subject of this proceeding is court reporter Robin Carter.
The reporter's record was originally due to be filed on or about November 26, 2007. On January 18, 2008, this Court extended the time for filing the reporter's record to February 29. On April 1, Carter informed this Court that the record would be filed by April 7, but to date, the record has not been filed.
Therefore, it is hereby ordered that Robin Carter shall appear in person before this Court on May 28, 2008, at 1:30 p.m., in the courtroom of this Court, located in the Price Daniel, Sr. Building, 209 West 14th Street, City of Austin, Travis County, Texas, to show why she should not be held in contempt and sanctions imposed for her failure to obey the January 18 order of this Court. This order to show cause will be withdrawn and Carter will be relieved of her obligation to appear before this Court as above ordered if the Clerk of this Court receives the reporter's record by 5:00 p.m. on Tuesday, May 27.
It is ordered on May 16, 2008.
Before Justices Patterson, Puryear and Henson
Do Not Publish
May 16, 2008
ORDERED: Per Curiam (Before Justices Patterson, Puryear and Henson)
03-07-00578-CR
Salviano Martinez v. The State of Texas--Appeal from 390th District Court of Travis County
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4 comments:
Today, Robin Carter was ordered to file the reporter's record in Alexander v. Texas within 30 days. Here, again she promised to file the record by "April 7, 2008", but failed to. In Martinez, Carter was ordered to appear and show causein a contempt proceeding on May 28, but that date has come and gone and it appears that no orders have been issued.
In my humble opinion, she can not be found "in contempt" by default. If the contemnor does not appear at a show cause hearing for contempt, the court cannot assume the contemnor waived the right to be present; the court must bring the contemnor into court by issuing a capias or writ of attachment. Ex parte Alloju, 907 S.W.2d 486, 487 (Tex. 1995); Ex parte Johnson, 654 S.W.2d 415, 422 (Tex.1983); In re White, 45 S.W.3d 787, 790 (Tex.App.--Waco 2001, orig. proceeding)
After taking a quick look at the websites for the District Courts, I find that Ms Carter is not (no longer?) the designated court reporter for the courts in either of these matters (390th and 403rd), or any of the district courts in Travis County for that matter.
This is a mystery, indeed...
Here is one more Robin Carter case...
In Orive v. Texas (03-07-00434-CR), Ms Carter was ordered to submit her portion of the record by February 22, 2008 and admonished that failure to comply would lead to contempt proceedings. According to the case file, she submitted the record over a month late - on March 24, 2008. Apparently, contempt proceedings were never initiated in Orive.
Ms. Carter never was the official court reporter for any courts in Travis County. She was a substitute reporter. No mystery involved here.
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