Hilda T. Kennedy v. Frederic A. Pollock
DueProcess
Is a waiver of the fee for transcribing a trial court on appeal a constitutional entitlement?
QUESTION(S) PRESENTED , 1. The federal courts allow the waiving of a transcription fee for pauperis filers in all cases. In 1989 the New Jersey Supreme Court wrote: “The Court's per curiam opinion did not state that Mrs. Dotson [pauperis petitioner] had a constitutional right [in civil cases] to a transcript at public expense, although, in his concurring opinion, Justice Pashman stated that such a constitutional right exists.” [emphasis added] Robinson v. St. Peter's Med. Ctr., 236 N.J. Super. 94 (1989) 564 A.2d 140: Is a waiver of the fee for transcribing a trial court on appeal a constitutional entitlement? 2. Under the authority of Robinson v St Peter’s Med Ctr., 236 NJ. Super, 94 _ (1989), an indigent party appealing an adverse decision in which a constitutional right was abridged, may be entitled to have her fee for transcribing the trial waived: Can New Jersey limit it’s waiver of the fee for transcribing a trial court, on appeal, on a case by case basis? 3. Is the exorbitant fee, highest in the nation, for transcribing a trial court on appeal an illegal form of discrimination against pauperis petitions in New Jersey seeking due process protection? ii _