Here are three related questions:

(1) What jurisdictions routinely waive the use of a court reporter during guilty pleas on (minor) felony offenses?

(2) If your jurisdiction does this, what problems have you experienced?

(3) Has anyone had to stop doing so because of a problem down the road (collateral attack, etc.)?

Our policy is to never waive the presence of a court reporter. Frankly, even that has never been much of an issue, as the judges want the court reporter present for every plea.

It seems the courts here have their own practice. Often pleas are not done on the record. This has lead to relying on the written admonishments for the writs.

This issue is covered in The Perfect Plea at pages 15-16.

With writs providing more redress than ever, I don't know why anyone would waive a court reporter for pleas. It is so much easier to defend claims with a record, and records afford the appearance of propriety too. Even a record of a just a couple of pages can make all the difference.

In the nicest possible way, I would insist judges secure a record of the proceedings.

I much prefer the presence of a reporter. Without one, I can't have my client on the record affirmatively acknowledge that I've done a good job.

In Dallas, it's considered a major headache if you won't waive the reporter. Often times, the prosecutor isn't present. And oh, by the way, the defense attorneys all fill out our own paperwork.

So, let me get this right.

In Dallas, for a guilty plea, there is no prosecutor, no court reporter and the defense attorney fills out the paperwork. Have I got that right?

So why not fill out the paperwork saying "Not Guilty - Charges dismissed with prejudice"? haha

quote:

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Originally posted by JB:
So, let me get this right.

In Dallas, for a guilty plea, there is no prosecutor, no court reporter and the defense attorney fills out the paperwork. Have I got that right?

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One might say that's an... Imperfect Plea?

In some courts, yes.

In all courts the defense attorney fills out the paperwork. The paperwork is not standard throughout the courthouse. Some courts require one page, front and back. Others have as many as 11 pages. The prosecutor signs the 'Judicial Confession' page that they print out and hand to you; however, I've redrafted them for the State more than once when the wording didn't match the indictment, or when there wasn't one ready or created that day.

One or two courts have a court reporter there for all pleas, but those courts are considered by many to be 'a pain'.

In some courts, a prosecutor's presence is not required as long as 'one of them' signed the plea papers. (Which are filled in often after the prosecutor signs them.)

The plea papers are notarized by the clerk who is not in the court room and never sees the defendant at all. Because if the defendant signs the paperwork "prior to" the notarization, that's all that's required by the words, "before me". In some cases, the notarization actually happens on a different floor if the defendant is going before a magistrate court instead of the regular district judge.

Keep in mind, this is all on felony cases. I was never on the misdemeanor appointment list. I am no longer on the felony appointment list.

[This message was edited by P.D. Ray on 01-05-12 at .]