Request for Courtroom Audio and Transcripts Case# 22HM01652 and Case# 22HM02434

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

The audio files in their entirety of all hearings for CASE #22HM01652 and CASE # 22HM02434 conducted at 8:30am at the SUPERIOR COURT HARBOR JUSTICE FACILITY on:
4/13/2022
4/27/2022
6/01/2022
6/07/2022

I would also like to request the transcribed file in hard copy format.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

September Baron

Hi Kostas,

Is the Harbor Justice Superior Court not a court of record? I was specifically told by Orange County Assistant Public Defender Mr. Balbir Bassan that it was a court of record. Can you please verify one more time there's no record? I was present during these court hearings, so there has to be some kind of record. Judge Megan Wagner in Department H7 is the presiding Judge on both of these cases.

I appreciate your help. I look forward to hearing back from you.

Respectfully,
September Baron

Recording is mandatory.

Section 753(b) mandates that "[e]ach session of the court and every other proceeding designated by rule or order of the court or by one of the judges shall be recorded verbatim by shorthand, mechanical means, electronic sound recording, or any other method", including "(1) all proceedings in criminal cases had in open court; (2) all proceedings in other cases had in open court unless the parties with the approval of the judge shall agree specifically to the contrary; and (3) such other proceedings as a judge of the court may direct…"

2. Original records, and transcripts of non-recorded hearings, are mandatory, public records for which no fee may be charged.

It then requires that "[t]he reporter or other individual designated to produce the record shall attach his official certificate to the original shorthand notes or other original records so taken and promptly file them with the clerk who shall preserve them in the public records of the court for not less than ten years."

If there is no original "electronic sound recording", the reporter is also required to "transcribe and certify such parts of the record of proceedings as may be required by any rule or order of court, including all arraignments, pleas, and proceedings in connection with the imposition of sentence in criminal cases", as well as to "transcribe and certify such other parts of the record of proceedings as may be required by rule or order of court. "

Hello,

I am following up with you to see if you have a time frame for how much longer this is going to take to produce. My original request was made 7/21/22 and you had 10 days from that request to produce responsive records/documents.

There are transcripts or recordings of the court hearings on the days that I've requested you to produce. It is mandatory and the law they be recorded. Therefore I'm asking that you please give me a estimated time frame on how much longer it's going to take to produce the responsive records/documents.

Thank you