A court reporter, whose state license has been revoked since 2014, has continued to provide the trial and hearing transcripts for a Jefferson County criminal court judge, records show.
As a result of recent information received regarding court reporter Alicia Martin, the Alabama Board of Court Reporting has launched an investigation, the executive director of that agency, Paula McCaleb, said Tuesday.
"We currently have an open investigation on her," McCaleb said. "We have not had this kind of case in the past," McCaleb said. "This is new territory."
Martin's attorney said Tuesday that the issue is nothing more than a "ministerial error." Martin had tried to renew her license each of the years and the board didn't notify her she wasn't in compliance until earlier this year, the attorney said.
Attorneys varied in their opinions as to what having a transcript that isn't certified could have on appeals - from it just being a procedural issue to cases being sent back to re-litigate.
At least one trial, scheduled for this week, has been moved to begin next month, because of the issue with Martin, presiding Circuit Judge Joseph Boohaker said.
Martin is still employed by the state, but hasn't been working in the courtroom as a court reporter since last week.
Martin is on a list, available on the board's website, of more than 60 court reporters whose licenses have been revoked over the years since the board was formed more than a decade ago. If the person, whose license has been revoked for failure to renew or some other reason, continues to provide court reporting services then they could face discipline by the board.
The maximum fine for the Class C misdemeanor of operating without a license or failing to update an address with the board is $1,000 per violation.
The last time Martin had an active license was on Sept. 30, 2014, the day the renewal was due, McCaleb said.
Martin also was disciplined March 20, 2012 by the board for practicing court reporting for remuneration without first procuring a license and representing oneself as a court reporter without a license, according to the board's website. She was fined $300, ordered to repay an attorney $100 for a transcript he never received, and agreed to a six-month probationary period, according to the website.
Martin is one of three court reporters disciplined since the formation of the board 11 years ago.
Martin is a state employee, who made $72,243 in fiscal year 2016, according to state records. That includes a $53,398 salary, $18,688 for a category called court services, and $156 in travel expenses.
The current investigation was triggered by information the board received regarding Martin, McCaleb said. But she said she could not discuss the complaint or any details of the investigation.
When a complaint is received, the investigation is handled by a committee of the board made up of an assistant attorney general, one board member not associated with the person being investigated, the board's investigator, and the executive director of the agency, McCaleb said.
After an investigation, the committee will decide whether to forward the case to the board for possible disciplinary action.
The board's next meeting is May 12.
In order for Martin to get her license back, she would have to apply for re-instatement, McCaleb said. That would include having to show that she attended seminars to get her five hours per year continuing education units required to stay updated in the field and reveal any lawsuits or legal issues, she said.
McCaleb said she could not comment on whether Martin has filed to get her license re-instated.
Martin works in the courtroom of Jefferson County Circuit Judge Clyde Jones, the senior criminal circuit judge. Martin has been a court reporter for a variety of criminal cases in Jones' court.
Jones declined comment Tuesday.
Efforts to reach Martin for comment were unsuccessful.
But Martin's attorney, Richard Jaffe, issued a statement to explain that she had attempted to renew her license for those years and the board didn't properly notify her that she hadn't been in compliance.
"Alicia Martin has kept records to support and prove that she timely mailed her application to renew her court reporting license, along with payment, for each of the years in question, 2014, 2015 and 2016," according to Jaffe's statement. "On January 26, 2017 suddenly the State Board of Court Reporting sent a letter stating that, as of 2014 she was not in compliance, but that letter was sent to an old address."
"By statute, the Board was required to notify her by certified mail in 2014, 2015, and 2016 if there were any compliance issues. In fact, the statute requires that the board "shall" notify, within five (5) days, anyone they think is not in compliance," according to Jaffe's statement. "The statute reads 'complaints shall be submitted within 90 days of such conduct and a copy shall be provided to the licensed court reporter within five business days of receipt by the board. The copy shall be sent by certified mail or by such other means of delivery to ensure that the licensed court reporter charged in the complaint shall receive actual notice.' The Board failed to do any of this."
"When Ms. Martin fortuitously found out about the January 26, 2017 letter, she immediately drove her application from Birmingham to Montgomery and paid the required fees," according to Jaffe's statement. "This is nothing more than a ministerial error that needs to be immediately corrected by the State Board. Ms. Martin is in compliance with all requirements and will vigorously contest the Board's position."
McCaleb said all renewals are done on line and the board keeps extensive records.
Investigators in the pending matter have not been informed that Martin has an attorney nor has the board been contacted by an attorney representing her, McCaleb said.
"We've always been online," McCaleb said. "There is only one way to renew and that is online."
Alabama law
State law requires that all court reporters producing transcripts be licensed. The license number is required to be displayed at the bottom of certified transcripts.
The Alabama Attorney General's Office released an opinion in 2012-064 that said "because there are no licensure exemptions for official court reporters pursuant to state law, official court reporters are required to be licensed by the Alabama Board of Court Reporting."
Criminal and civil appeals courts usually require a certified transcript for purposes of an appeal.
Alabama created the license process for court reporters in 2006.
The state law setting up the court reporter licensure board states: "The Legislature hereby finds and declares that it is the policy of the state to promote the skill, art, and practice of court reporting in order to assure that court reporters possess the necessary skills and qualifications and that a board be established to prescribe the qualifications of court reporters and to issue licenses to persons who demonstrate their ability and fitness for the licenses. This chapter is intended to establish and maintain a standard of competency for individuals engaged in the practice of court reporting and for the protection of the public, in general, and for the litigants whose rights to personal freedom and property are affected by the competency of court reporters."
Alabama was one of the last states to license court reporters, McCaleb said.
To be a court reporter, a person has to have graduated from a program and pass a state or national examination, McCaleb said.
Court reporters then are required to renew their licenses by Sept. 30 of each year and specify the amount of continuing education units (CEU) they have earned during the year and any lawsuits or legal issues in which they have been involved, McCaleb said. Those court reporters practicing prior to 2006 were grandfathered in, but still have to renew each year, she said.
Before the renewal is due each year, the court reporter is sent a notification to the last address known for that person that the annual renewal is due, McCaleb said. If the person is late, a notice will be sent, she said.
There is a late renewal period, but if they haven't renewed by Nov. 1 of each year, the court reporter must re-apply to get a license, McCaleb said.
If anyone has a question about whether a court reporter is licensed, McCaleb urged the public to visit the board's website. The website includes lists of expired and revoked licenses, disciplinary actions, applications to become a court reporter, and the rules and mission of the board. It also includes a complaint form for consumers to report any issues with a licensed court reporter.