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Maye v. Albritton5/4/2001
Jerry Maye petitions this Court for a writ of mandamus directing Special Circuit Judge Gordon Ray Batson to order Municipal Judge Gregory Albritton to allow Maye to hire a court reporter to record municipal court proceedings on a charge against Maye for driving under the influence. Maye also petitions this Court for a writ of prohibition prohibiting Municipal Judge Albritton from ordering defense counsel Paul Harden, Sr., to refrain from hiring a court reporter to record any municipal court proceedings in the present case and in future cases handled by Harden in the Municipal Court of the City of Evergreen.
In 1999, Municipal Judge Albritton informed defense counsel that he could not use a court reporter to record municipal court proceedings in Maye's case or in any future cases in the Municipal Court of the City of Evergreen. Defense counsel moved the judge to reconsider his decision prohibiting the use of court reporters to record municipal court proceedings. Defense counsel asserted, among other grounds, that the judge's decision deprived defense counsel of his right to work product (i.e., the court reporter's transcript) to prepare effectively a defense on appeal of the municipal judge's ruling. Upon Municipal Judge Albritton's denial of defense counsel's motion to reconsider, defense counsel petitioned the Conecuh Circuit Court for a writ of mandamus. Judge Gordon Ray Batson conducted a hearing, at which Municipal Judge Albritton testified. Municipal Judge Albritton stated two reasons for prohibiting the use of court reporters to record municipal proceedings over which he presided. First, he said court reporters consume too much time to set up and to dismantle their equipment, and the delay hinders the court in its handling a large number of cases in one day and therefore increases the court's backlog. Second, Judge Albritton said that court reporters cause the parties to raise more objections to testimony and to issues raised by either party. Judge Batson denied the petition for a writ of mandamus and subsequently denied defense counsel's "Application for Rehearing -- Motion for New Trial."
Maye now petitions this Court for a writ of mandamus and a writ of prohibition. In his petition, Maye raises two issues: 1) whether the municipal judge abused his discretion in refusing to allow defense counsel to hire a court reporter to record the municipal court proceedings in this case and in future cases handled by defense counsel in the Municipal Court of the City of Evergreen; and 2) whether a defendant has a right to hire a court reporter to record municipal court proceedings.
"`Mandamus is a drastic and extraordinary writ to be issued only where there is (1) a clear legal right in the petitioner to the order sought; (2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; (3) the lack of another adequate remedy; and (4) properly invoked jurisdiction of the court.'
"Ex parte Ben-Acadia, Ltd., 566 So. 2d 486, 488 (Ala. 1990). Because `mandamus is an extraordinary remedy, the standard of review for a writ of mandamus is whether there has been a clear abuse of discretion by the trial judge.' Ex parte Rudolph, 515 So. 2d 704, 706 (Ala. 1987)." Ex parte Mardis, 628 So. 2d 605, 606 (Ala. 1993).
"`A writ of prohibition is an extraordinary writ which is to be employed with extreme caution and used only in cases of extreme necessity. Ex parte State Dep't of Mental Health & Mental Retardation, 536 So. 2d 78 (Ala. Civ. App. 1988); see also Ex parte Perry County Board of Education, 278 Ala. 646, 180 So. 2d 246 (1965). Prohibition is not a favored writ and will not issue unless there is no other adequate remedy. Ex parte Strickla
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