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Maye v. Albritton5/4/2001
late court]." Parker, 698 So. 2d at 1173-74.
In refusing to allow defense counsel to hire a court reporter to record the municipal court proceedings, the municipal court in the case now before us relied upon the very rationale and holding of Parker that this Court rejected and overruled in Burnsed. While we have acknowledged that a defendant does not a have a legal right, established by rule or statute, to have a court reporter appointed to record municipal court proceedings, a defendant has a constitutional right to present a defense to the charges against him and at least a statutory right to appeal a conviction either on a record or for a trial de novo, § 12-14-70, Ala. Code 1975, and Rules 30.1 and 30.2, Ala. R. Crim. P. A record of the municipal court proceedings is necessary to an appeal on the record, Burnsed, supra, and is a legitimate aid in any appeal for a trial de novo. Thus Judge Albritton's rule against court reporters interferes with the jurisdiction of the circuit court and the appellate courts over appeals from the municipal court. No statute and no rule promulgated by this Court prohibits a defendant from hiring, at his own expense, a court reporter to record municipal court proceedings to make a record for purposes of appeal. Further, any appearance of impropriety or impartiality which may exist because a court reporter is hired by one party only can be eliminated by administering an oath to the court reporter. § 12-17-273, Ala. Code 1975. Absent any proof by the City that the record is not a substantially true and correct transcription of the proceedings below prepared by a qualified court reporter, the record is proper for use by defense counsel in appealing the judgment of the municipal court. Burnsed, supra. See also Ex parte Boswell, 558 So. 2d 918 (Ala. 1990); Dobbs v. State Dep't of Pensions & Sec., 484 So. 2d 1052 (Ala. 1984); and Shuler v. State, 56 Ala. App. 599, 324 So. 2d 313 (Ala. Crim. App. 1975).
Maye has met the requirements for the relief he seeks. Thus, this Court grants the petition for a writ of mandamus and orders Judge Batson to order Municipal Judge Albritton to allow Maye to hire a qualified and sworn court reporter to record the municipal court proceedings on the DUI charge against Maye. We further grant the petition for a writ of prohibition and order Municipal Judge Albritton to refrain from prohibiting any qualified defense lawyer from hiring, at his or his client's own expense, a qualified court reporter to record any municipal court proceedings being handled by that lawyer in the Municipal Court of the City of Evergreen.
WRIT OF MANDAMUS GRANTED; AND WRIT OF PROHIBITION GRANTED.
Moore, C.J., and Houston , See, Lyons, Brown, Harwood, Woodall, and Stuart, JJ., concur.
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