March 19, 2014
STATE OF MONTANA, Plaintiff and Appellee,
DONALD WAYNE PULST, Defendant and Appellant.
On March 12, 2014, Wade Zolynski, Chief Appellate Defender for the Office of the Appellate Defender (OAD), filed a "Second Motion to Compel Court Reporter to Produce Transcripts." OAD had previously filed a motion to compel court reporter to produce transcripts on December 17, 2013. In that motion, the office noted that transcripts from a motions hearing and two days of a jury trial were long overdue, and that court reporter Robyn Harrell had repeatedly promised delivery of the transcripts but had failed to produce them. We issued an Order in response to that motion on December 31, 2013, in which we directed Harrell to file the subject transcripts on or before January 17, 2014, or we would issue an Order to Show Cause why she should not be held in contempt of Court.
In its current motion, OAD discloses that the transcripts were not filed by January 17, 2014, as this Court directed, and that despite numerous contacts with Harrell since that time and numerous promises by her to imminently produce the transcripts, the transcripts still have not been filed. OAD fiirther notes that this Court granted Harrell a second extension of time until February 25, 2014, to produce the transcripts, again without avail. OAD states that Hulst's notice of appeal and request for transcripts have been pending since August 1, 2013. OAD therefore requests that this Court issue a second order compelling Harrell to produce the transcripts at issue, and in the alternative, that we require her to show cause for the delay so that we can determine whether Harrell is, or ever will be, capable of producing the requested transcripts. The Attorney General has no objection to the motion.
OAD notes in its motion that Harrell has been experiencing complications with health matters in her family, and difficulties in producing the transcripts. While we sympathize, we cannot countenance Harrell's extensive delay in filing transcripts that are now over 150 days overdue from the original due date, nor can we countenance her protracted refusal to comply with an order of this Court. Therefore,
IT IS HEREBY ORDERED that Harrell shall appear before this Court on May 13, 2014 at 1:00 p.m. to show cause why she has not produced the subject transcripts and why she should not be held in contempt of Court.
The Clerk of this Court is directed to provide notice of this order to all counsel of record, to Pulst at his last known address, and to the Honorable Daniel Boucher, 12th Judicial District Court, This Court will arrange personal service of this Order upon Harrell at her last known address, 1729 Westview Terrace, Apartment A, Arlingtom Taxas76013.