Keller v. Walker

I respectfully dissent. I cannot fathom how, under the mandate of the majority, a good faith litigant could ever sustain the burden of proving his inability to pay the cost of an appeal. As I understand the majority opinion, the trial court may base his judgment of relator’s ability to pay for the record by taking judicial notice of the very record that petitioner is unable to purchase and we are unable to review. The relator, in order to resolve this catch-22 problem, must provide this court with the remedy that she is seeking (the record) in order to prove entitlement to the remedy (again,…