Part 2--Should Roland Achtel be disqualified from this case: Silvia Peters deposition

See also Part 1 of this story.
Also see Judge Richard G. Cline.

May 24, 2012
Roland Achtel, Esquire

Dear Mr. Achtel:

It would appear that you have incorrectly remembered what happened at Silvia's deposition [regarding the David L. Bedolla case].

I never said a word to you about the handling of the deposition transcript, nor did I discuss it with the court reporter. I do remember looking up at you in surprise when you said that no copy of the deposition would be mailed to the deponent for review. You suddenly said you wanted to go off the record. The reporter immediately stopped recording, without getting Silvia's agreement to go off the record.

It should be noted that all day long you had unilaterally decided when the court reporter would go off the record, without asking for Silvia's approval. Early in the day I briefly discussed the issue with you, and you claimed to have no knowledge of any rule requiring that both parties agree in order for the reporter to go off record.

When you decided to go off record so you could discuss the handling of the transcript with the reporter, Silvia asked the reporter to go back on the record. The court reporter said to her, "I need to talk to him, and I can't record when I'm talking to him." Then you and the court reporter had a discussion off the record. The gist of your discussion was that the deponent would have to go to the reporter's office instead of your office to read and sign her deposition...

Then you went back on the record and said the transcript would be handled according to code...Shortly after, you stood up and said the deposition was over and you walked out with Alejandra...

I asked the court reporter why she didn't get Silvia's agreement to go off the record. "I never interfere," she said. I said that she should get the approval of both parties before going off the record. She repeated that she never did that. I assume she meant that she never did that when the deponent was in pro per. I asked her for her name and said I wanted to report her to the court reporters' licensing agency. She gave me her business card.

Then you came back in and ordered me to leave. I left within ten seconds. I did not say another word to the court reporter, and I didn't say anything at all to you.

Sincerely,
Maura Larkins