In Re Hoppock

849 So. 2d 1275, 2003 WL 21710211
CourtMississippi Supreme Court
DecidedJuly 24, 2003
Docket2002-CS-01684-SCT
StatusPublished
Cited by7 cases

This text of 849 So. 2d 1275 (In Re Hoppock) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Hoppock, 849 So. 2d 1275, 2003 WL 21710211 (Mich. 2003).

Opinion

849 So.2d 1275 (2003)

In re William M. HOPPOCK.

No. 2002-CS-01684-SCT.

Supreme Court of Mississippi.

July 24, 2003.

*1276 William M. Hoppock, pro se.

WALLER, Justice, for the Court.

¶ 1. We have experienced repeated difficulties in getting trial court transcripts from court reporter William M. Hoppock in numerous cases. After Hoppock failed to correct the problems, a panel of this Court ordered Hoppock to appear at a show cause hearing and then at a subsequent contempt hearing. Upon review of Hoppock's conduct as a court reporter, we find that Hoppock is in willful contempt of court and should be sanctioned.

FACTS

¶ 2. William M. Hoppock served as the court reporter for Rankin County Chancery Judge Thomas L. Zebert until mid 2002. In recent years, Hoppock's delinquencies in completing appellate court transcripts posed a recurring problem in the Mississippi appellate courts. We issued numerous monetary sanctions orders against Hoppock for his failure to file transcripts on time in cases on appeal. Those sanctions alone were not successful in inducing Hoppock to complete his transcripts in a timely manner. After monetary sanctions failed to get action from Hoppock on transcripts in several cases, we ordered Judge Zebert to replace Hoppock and to appoint a substitute court reporter to complete those overdue transcripts. In those cases, Hoppock was also required to cooperate with the replacement court reporter and to turn over his notes and tapes so that the transcript could be completed by the substitute.

¶ 3. Concurrently with our attempts to obtain some level of compliance from Hoppock, the Mississippi Board of Certified Court Reporters initiated an investigation of Hoppock's delinquencies. On June 25, 2002, the Mississippi Board of Certified Court Reporters suspended Hoppock for a year from further activities as a court reporter.

¶ 4. The Board's suspension order specifically required Hoppock to complete the transcripts then pending and to file monthly reports detailing his progress in those cases still pending. Hoppock failed to comply with that order and failed to pay past-due sanctions from other cases as ordered by this Court. The court reporters who had replaced Hoppock in those cases in which he had been removed reported that he had not complied with the order requiring him to cooperate with the replacement in seeing that the transcripts were completed.

¶ 5. In view of those facts, we ordered Hoppock to appear in person at a show cause hearing before a panel of this Court. On October 10, 2002, the panel ordered Hoppock to address eight separate cases in which it appeared that he had failed to comply with our orders. In five of those cases, Hoppock had not turned over his transcription notes, tapes and other necessary materials to the replacement court reporter. In those same five cases and in three additional cases, Hoppock had not paid court-ordered sanctions. The total amount of those sanctions was $1200. Additionally, the October 10 order required Hoppock to show cause why he had not complied with the order of the Mississippi Board of Certified Court Reporters.

¶ 6. The hearing was set for October 29, 2002, in the Supreme Court courtroom. The notice specifically informed Hoppock that he was to show cause why he should not be sanctioned further in eight specific cases and for failing to comply with the Court Reporter Board's order. The order informed him that he would be allowed to *1277 call witnesses and present testimony if he so desired. Finally, the order required Hoppock to bring all remaining notes, tapes and other transcription materials with him when he appeared at the hearing.

¶ 7. After the October 10 show cause order was issued, Hoppock paid the $1200 in sanctions which were then outstanding. He presented a check to the Clerk of the Court on October 25, 2002. Thus, other than the tardiness of his payment, no issue remained regarding unpaid sanctions owed.

¶ 8. A hearing on the remaining charges listed in the show cause order was held before a panel of this Court on October 29, 2002. Hoppock appeared and was not represented by counsel. C. Alleen McLain, the Mississippi Bar's representative on the Board of Certified Court Reporters, presented the contempt action to the panel. The primary claims against Hoppock at the show cause hearing related to his conduct in three cases. In Spang v. Tullos, No.2002-TS-00200, Moore v. Bell, No.2002-TS-00536, and Strain v. Strain, No.2001-CA-01628, Hoppock had been removed as court reporter and had been ordered to turn his tapes, notes and other materials over to the substituted court reporter in each of those cases. The transfers were due in August and September of 2002.

¶ 9. At the show cause hearing, court reporter Linda Sudduth was called to testify about her involvement in the Spang, Moore, and Strain cases. Judge Zebert appointed Sudduth to replace Hoppock in those cases after Hoppock's removal by this Court. Sudduth testified that Hoppock did not turn over any materials pertaining to those three cases until October 28, 2002, which was the day before the show cause hearing. Hoppock had been ordered to turn over his tapes and notes to the replacement court reporter in those cases in August and September of 2002. When he did finally relinquish the materials on October 28, they were in substantial disarray, and some of the tapes and notes were unusable.

¶ 10. The October 10 show cause order also referenced two cases in which Cheryl Pemberton had been appointed by Judge Zebert to replace Hoppock. Those two cases were Gill v. McIntyre, No.2001-TS-01927, and Watson v. Watson, No.2002-TS-00032. Pemberton claimed that Hoppock had not paid her the court reporter's fee in Gill. Pemberton did not appear at the hearing, and the record is incomplete as to Hoppock's cooperation or lack thereof in those two cases. The appeal in Watson was dismissed in April of 2003, and the appeal in Gill was dismissed in March of 2003 by agreement of the parties.

¶ 11. The show cause order also listed three other cases in which Hoppock had been sanctioned for failure to perform his duties. In those cases, Hoppock had been ordered to tender payment months earlier, but he had not paid the sanction. As noted, Hoppock submitted a check to the Clerk of the Court and paid all overdue sanctions on October 25, 2002.

¶ 12. Finally, the show cause order noted that Hoppock had not complied with the order of the Mississippi Board of Certified Court Reporters which had required him to pay all sanctions then due and to file certain monthly reports detailing his progress in the appeals assigned to him which were presently before this Court. At the hearing, Hoppock offered no explanation for his failure to comply with the order of the Court Reporters Board.

¶ 13. Immediately after the show cause hearing before the panel on October 29, we found that Hoppock had not sufficiently shown cause for his failure to comply with numerous Supreme Court orders. The *1278 panel ordered Hoppock to appear on November 18, 2002, and to defend against charges of criminal and/or civil contempt.

¶ 14. Hoppock appeared at the contempt hearing pro se. Alleen McLain again appeared on behalf of the Court Reporters Board. The testimony was similar to that produced at the initial hearing. Linda Sudduth testified that she still had not received complete assistance from Hoppock in the three cases now assigned to her.

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Bluebook (online)
849 So. 2d 1275, 2003 WL 21710211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hoppock-miss-2003.