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A transcript of a trial such as the administrative Hearing, and a record of what was said is the "legal transcript" is normally the key part of a "legitimate" "REAL" appeal process.
When we ordered a copy of the transcript of
my administrative hearing my office was told that I would have to file a
"written request" to obtain a transcript of the hearing.
I signed and
sent off a request for a transcript of the "hearing" I was involved in.
About ten days later I am sent a taped copy of the audio tape of the
hearing with no comment.
Now obviously you can not cite a line or
conversation in a transcript if there is no transcript. Who makes the
transcript? My office? Can we "fudge" a little what was said? What
kind of an appeal is it when you can not get a "transcript" of the
actual trial were the tape if there was one, was in the care and
produced by an independent pro, a certified "court reporter".
We now
see county court actions that say the city is not allowing constitutional
appeals even though they say they are.
The circuit court took our
money for an appeal, but we still do not know if after doing all the
legal work required whether there will be one.
We have written both
the city attorney and the clerk of court for clarification over will
there actually be an appeal or will it be thrown out like others who
have tried to appeal to the circuit court and what about the transcript.
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In the Sioux Falls
city "administrative hearings" they do not provide a court
reporter.
