Malick
Malick v. Contra Costa County Flood Control & Water Conservation District
Opinion
Lead Opinion
Elkington, J.
*51 Opinion
Upon the complaint of Laura Malick, respondent of the above described appeal from a civil judgment pending before this court, we issued an order to show cause why Richard Lenzi should not be declared incompetent to act as an official reporter in any court, pursuant to the provisions of Government Code section 69944, for failure *52 to timely prepare a reporter’s transcript for use on the appeal. He responded to the order to show cause in person and by counsel, and by his written return thereto.
The proceedings were instituted under: (1) our statutory power to “control in furtherance of justice, the conduct ... of all ... persons in any manner connected with a judicial proceeding before [this court], in every matter appertaining thereto” (Code Civ. Proc., § 128, subd. 5); and (2) our inherent power to take necessary steps “to see that no com duct on the part of any person obstructed the administration of justice” (People v. Santo (1954) 43 Cal.2d 319, 331 [ 273 P.2d 249 ]).
The facts are uncontroverted.
The notice of appeal was filed December 24, 1980. The fees for preparation of a reporter’s transcript were paid February 10, 1981. On that day Mr. Lenzi was directed…