ALOYSIUS v. MARK KISLINGBURY AND STENOMASTER, INC.

JENIFFER ALOYSIUS, Appellant,
v.
MARK KISLINGBURY AND STENOMASTER, INC., Appellees.

No. 01-09-00365-CV.

Court of Appeals of Texas, First District, Houston.

Opinion issued March 18, 2010.

Panel consists of Justices JENNINGS, HANKS and BLAND.

Appellant, Jeniffer Aloysius (“Aloysius”) appeals the trial court’s denial of her special appearance. Aloysius complains that the trial court erred because she lacks the necessary minimum contacts with Texas to establish its jurisdiction over her. Aloysius also complains that the trial court erred by failing to dismiss this suit because Appellee, StenoMaster, Inc. (“StenoMaster”) lacks capacity to bring suit, Texas is an inconvenient forum in which to litigate this case, the parties are engaged in an ongoing discovery dispute, the petition fails to state a claim against her, and StenoMaster and Appellee Mark Kislingbury (“Kislingbury”) have engaged in sanctionable conduct. We affirm.

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UPDATE 3-17-10: Please click on the comments section to read the comments posted by Brandy Carrier who is currently an official in Marin County Superior Court.

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After issuing layoffs last month for court staff which included four official reporters, Marin Superior Court administration struck out again against officials when it sent a letter to the remaining officials informing them that as of March 15th, 2010, they would no longer be directly assigned to a judge as has been the past custom and practice.

Instead, the new letter informed the officials they would all be separated from their judges and assigned to a new pool of reporters.

The following is taken from the letter by Marin County Executive Director Kim Turner to the officials in Marin Superior explaining the court’s reasoning for putting officials into a pool system.

On March 15, 2010, the Court will implement a pooling system for the assignment of court reporters. Pooling has been proven to be a cost effective way to manage court reporting resources and to contain costs. While this will be a significant change for the Court and for all reporters, it is, without question, an effective fiscal strategy, given our recent budget constraints. Many courts that have changed from direct assignment to pooling have seen significant cost savings and have been better able to ensure that all reporters have the opportunity for transcript work and varied assignments.

Additionally, the Marin Superior Court administration encourages attorneys and parties to hire a freelance reporter in court proceedings for which a staff official reporter is not available due to their reassignment under the new system. Many courtrooms will not be staffed by officials at all.

We want officials to know that Marin Superior may not be acting out of a vacuum, as COCRA has been aware for some time now that various superior court administrators and personnel have been consulting each other asking about what courts are not mandated by law to be staffed.

It is our understanding that SEIU is currently working on responding to the recent decision to lay off officials and the court’s decision to pool its officials. We will keep you apprised of any further updates.

If you would like to read the letter that Marin County Executive Director Kim Turner sent to the officials announcing the pooling system, you may do so by clicking here to download the document or click on “Read the rest of this entry” link below to read the text of the letter embedded in this blog post.

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ATLANTA – It was five years ago Thursday that Brian Nichols opened fire in the Fulton County courthouse, touching off a bloody rampage that ended with the deaths of four people.

It was on that day that rape suspect Brian Nichols overpowered a sheriff’s deputy — grabbed her gun, shooting and killing Judge Rowland Barnes, court reporter Julia Brandau and Sergeant Hoyt Teasley at the courthouse and immigration agent David Wilhelm as he fled.

Nichols was captured in Gwinnett County a day later and convicted of his crimes and sentenced to life in jail.

Five years later portraits of the three people killed in the courthouse hang in the lobby. Thursday, those paintings were joined by another tribute.

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COLORADO SPRINGS, COLO. — A group of homeowners in one Colorado Springs neighborhood is upset with El Paso County’s court system after a recording device inside the courthouse failed to capture a trial, forcing the homeowners to reconstruct it more than a year later.

Cherry Creek Springs’ Homeowners Association originally filed a lawsuit in July 2007 against eight of their homeowners over budget issues.

The two parties went to trial in the fall of 2008 in front of Judge Thomas Kane who, after four days, sided in favor of the defendants.

Soon after his decision, the HOA decided to file and appeal.

But, when the courts went back for the transcripts from the trial, none could be found.

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“A former Muscogee County Superior Court court reporter’s lack of certification while working for Judge Robert Johnston is now raising questions about transcripts she submitted to the clerk of court.

Sharon D. Dilleshaw worked for Johnston for nearly 10 years before resigning in early 2009 after it was discovered she had worked the previous nine months without being certified, as required by state law.

In a hearing last week, Columbus criminal defense attorney Bill Mason told Johnston he had attempted unsuccessfully in May 2008 to get an accurate transcript from Dilleshaw of a case he is appealing. At the time, Dilleshaw’s license was suspended.

Johnston resigned last month after a meeting with an investigator for the Georgia Judicial Qualifications Commission, which investigates complaints about judges and their fitness to serve. His last day on the bench is Monday.

No one can say how many trial and court hearing transcripts Dilleshaw produced while she worked without certification. Superior Court Clerk Linda Pierce said she could not easily provide the number, and invoices Dilleshaw submitted to the city’s Finance Department for payment were not specific”

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A report on the reliability and costs of digital recording technology to replace court reporters in Iowa courtrooms is out, along with a letter from the majority of the study committee that says while the technology is fine, they value court reporters.

Ten of the 18 members of the Digital Audio/Visual Recording Technology Committee signed a letter saying they don’t think the technology should replace live court reporters. Bobbi Alpers, chief judge of the judicial district that includes Cedar, Clinton, Jackson, Muscatine and Scott counties, was one of them.

The technology is commonly referred to as DART.

“It is not feasible simply to install DART equipment as a replacement for certified stenographic court reporters,” the letter sent to Iowa Chief Justice Marsha Ternus early this month said. Court reporters, the letter said, are an invaluable asset to the state’s judicial system.

“We have seen firsthand on a daily basis the reliability and high quality of court reporting in the state,” the letter said.

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Marin County Superior Court has laid off six employees to help close a budget gap of approximately $2 million, the court’s top manager confirmed Monday.

The layoffs included four court reporters, a research attorney and an information technology specialist, said Kim Turner, executive director of the court. Now there are 10 reporters, four attorneys and eight IT specialists, Turner said.

The workers were laid off Friday without prior warning. Under the terms of their union contract, they will receive a week’s severance pay, plus whatever vacation and paid time off they have accrued.

Turner said she does not expect additional layoffs this fiscal year, which ends June 30, but the projections for next year are grim. The court employs about 170 people, including 10 full judges and five assistant judges.
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