No. 18-6687

Hilda T. Kennedy v. Frederic A. Pollock

Lower Court: New Jersey
Docketed: 2018-11-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure civil-procedure civil-rights constitutional-rights due-process fee-waiver indigent-rights pauperis standing transcript transcript-fees trial-transcript
Key Terms:
DueProcess
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Is a waiver of the fee for transcribing a trial court on appeal a constitutional entitlement?

Question Presented (from Petition)

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 _

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-27
Waiver of right of respondent Frederic A. Pollock to respond filed.
2018-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 14, 2018)

Attorneys

Frederic A. Pollock
Stewart G. MilchGoldberg Segalla LLP, Respondent
Stewart G. MilchGoldberg Segalla LLP, Respondent
Hilda T. Kennedy
Hilda T. Kennedy — Petitioner
Hilda T. Kennedy — Petitioner