Full question:
How does an inmate declare indigency for the purposes of getting transcripts of his trial? We are being quoted almost $700 for just the motion hearing transcript. His attorney abandoned him after the trial and we are trying to get another attorney but he needs the transcripts to evaluate the case. We have been told and the law declares that if the person is indigent, they are entitled to one copy of the transcript free.
- Category: Criminal
- Date:
- State: Georgia
Answer:
The U.S. Supreme Court has ruled that while states aren't required to provide transcripts for every indigent criminal defendant, they must supply a transcript if it is necessary for an adequate review of a conviction. If the appeal shows a clear need for a complete transcript, the state must demonstrate that a partial transcript or alternative is sufficient for an effective appeal.
Indigent civil litigants generally do not receive free transcripts at public expense, except in rare cases, such as those involving the termination of parental rights. Although an indigent civil appellant isn't entitled to a complete record at public expense, they may be allowed to prepare a statement of the evidence from the best available means, including their recollection. The trial court must then approve and incorporate these statements into the record.
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