Rule 1.15 Use of Court Reporter's Transcripts and Recordings by

Appellate Indigent Defender

In order to expedite the criminal appeal process and to prevent unnecessary expense to local court funds, in indigent criminal appeals assigned to an appellate indigent defender in accordance with Section 1051 of Title 22, the following provisions are made:

A. When the court reporter transcribes the trial transcript of testimony for an indigent defendant, an original and two (2) copies (original and three (3) copies in capital cases) are to be filed in the trial court clerk's office in accordance with Rule 3.2 (C).

B. An appellate indigent defender is required to review the statement of appealable issues attached as Exhibit B to the notice of intent to appeal and discuss the viability of issues for appeal with trial counsel prior to filing a supplemental designation of record, if supplementation is required. Any supplemental designation of record shall set forth why the additional record is required and include only those portions of the record necessary to address the propositions to be raised. Any supplemental designation of record shall include a signed acknowledgement of receipt of the additional designation from each court reporter responsible for preparing the record. The acknowledgement may be part of the designation of record filed or a signed certified mail return receipt card acknowledged by the reporter with an affidavit of mailing executed by the attorney requesting the additional record attached to it.

C. In the event some portion of the trial proceeding was not transcribed and was not included in trial counsel's designation of record and the appellate indigent defender feels that portion should be provided, as an alternative, the court reporter may make available to the appellate indigent defender the electronic recording, or a copy of that recording. The appellate indigent defender may review it to determine what portion of the record should be transcribed.

D. In the event partial transcripts have been prepared during trial, at the time Judgment and Sentence is imposed those transcripts must be filed with the trial court clerk, together with all transcripts of pre-trial motions and preliminary hearings. See Rule 3.2( E).