CRAMER II v. STATE (2023)

Published Order Finding Court Reporter Regina Gillum in Contempt and Imposing Sanctions

On July 11, 2023, this Court granted Appellant's “Motion to Compel Court Reporter to Prepare Transcript” and directed Regina Gillum, court reporter for the Allen Superior Court, to file the following no later than 12:00 p.m. on Friday, July 14, 2023: (1) the entire transcript requested in the notice of appeal filed in this case on January 24, 2023; and (2) a report to this Court explaining her failure to comply with our June 2, 2023, order granting her third-requested extension of time to file the transcript. We ordered that failure to timely comply with the July 11, 2023, order may result in more stringent measures. The court reporter did not timely file either the transcript or the report.

On July 17, 2023, this Court ordered Ms. Gillum to show cause within fourteen days as to why she should not be held in contempt for failure to comply with the Court's July 11, 2023, order. A majority of the Court finds that Ms. Gillum has failed to show cause for the following reasons. On July 18, 2023, Ms. Gillum filed the transcript and her notice of filing transcript in the trial court. Also on that date, Ms. Gillum filed her “Court Reporter's Affidavit” in response to the show cause order. The affidavit asserted she was working to complete transcripts in seven cases that were not listed in her four prior requests for extension of time. In one of those seven cases, the transcript and notice of completion of transcript were both filed on January 20, 2023—four days before the notice of appeal in the instant case was filed. In the remaining six cases—and despite Ms. Gillum's assertion that she was working on the transcripts in the order of their respective due dates—the notices of appeal were filed between two to five months after the original due date for the transcripts in the instant case.

Being duly advised, a majority of the Court finds Regina Gillum in CONTEMPT under Indiana Code § 34-47-3-2 for willfully and intentionally disobeying this Court's lawful orders. The Court ORDERS the following sanction: Ms. Gillum shall verify under oath any future requests for extension of time to file transcripts. Ms. Gillum is additionally warned that further noncompliance with this Court's orders could result in more severe sanctions. See In re Hatfield, 607 N.E.2d 384, 385 (Ind. 1993); Ind. Code § 34-47-3-6(c).