Long Valley woman leads charge to retain court reporters for legal hearings

mr0924courtLNS.JPGAlexandra Pais/New Jersey Local News ServiceViola Zborowski, a director of the National Court Reporters Association, says court reporters provide a more accurate transcript of legal hearings than electronic recorders.

WASHINGTON TOWNSHIP — Viola Zborowski was at a high school career day in Old Bridge when she first considered a future in court reporting.

She was intrigued by the possibilities, pursued the opportunity and graduated Edison’s Cittone Institute in 1981.

In the three decades since, the Long Valley resident, has been told – on too many occasions to count – that her beloved profession was on its way out. The job, which has afforded her the opportunity to travel around the world, set her own hours and provide for her family would soon no longer exist, she was told. She would surely be replaced by a machine.

Hasn’t happened.

And Zborowski, 54, who was recently elected as one of eight directors to the National Court Reporters Association, doesn’t think it ever will.

Sure, the profession’s popularity has waned in recent years, but it is picking back up, Zborowski said.

The U.S. Department of Labor expects an 18 percent growth in jobs by 2018.

“We need reporters,” Zborowski said. “There aren’t enough to do the work.”

Court reporters come in many forms. Some work in courtrooms transcribing legal arguments, others take depositions, some perform closed-captioning work for live television and others transcribe lectures for the deaf.

They type at a speed at which most people read.

To become certified, the National Court Reporters Association, which has more than 20,000 members, requires being able to type 225 words per minute.

Stenography machines have consonants along the side and vowels at the bottom. Reporters spell words phonetically.

Zborowski was elected after leading a “steno only” campaign, which she said means aggressively pushing back against the idea that electronic recorders are comparable to the work of a certified court reporter.

Many courts have made the switch as a way to save money.

There are about 60 professional court reporters in New Jersey, according to Winnie Comfort, spokeswoman for the state’s Administrative Office of the Courts, down from 78 in 2005.

The state uses digital recorders in approximately 250 court rooms, Comfort said. Most are in family court, though some are also used in civil and criminal court.

There will always be a need for court reporters, Comfort said. Oral arguments for the state Supreme Court, for example, are streamed online, with real-time closed captioning provided by court reporters.

And despite the availability of electronic recorders, which have ousted some professional court reporters, the industry is booming for reporters outside the courtroom, particularly for those who sit in a high school or college class with the hearing impaired.

“So many people in school weren’t getting serviced,” said Heywood “Woody” Waga, a past president of the National Court Reporters Association. “The demand far exceeds the supply.”

But in an era when cash-strapped governors across the country are looking for ways to cut spending, court reporters are an easy target.

California Gov. Arnold Schwarzenegger recently estimated his state could save $100 million by switching to electronic court reporting.

“We do not need any people there,” Schwarzenegger said last month. “We have the technology now to do the reporting and the recording.”

Not so, Zborowski said.

Court reporters, she said, can distinguish between two voices speaking at once, they are not thrown off by papers shuffling and can pick up faint murmurs or mumbling that escape electronic recording devices.

“It’s a superior way of making the record,” she said. “You deserve, you have a right to, an accurate record.”


Fast Facts

• Mark Kislingbury, of Houston, holds the record as the fastest court reporter in the world, for having transcribed text in 2004 at 360 words per minute with accuracy surpassing 97 percent.

• Women make up 89 percent of the National Court Reporters Association.

• The average annual income for reporters nationwide is $64,000.

• Charles Dickens was a Parliamentary reporter in London. His struggles to learn shorthand became a subplot in “David Copperfield.”

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PowerWriters: Stories of the World’s Trusted Court Reporters & Captioners

New book reveals the personal experiences of the silent courtroom “insiders” who perform a service essential to our judicial system and society. Strong demand for court reporters and captioners is reflected in double-digit job growth predictions for the coming decade, fueled by litigation, realtime Web cast reporting, communication access for the hearing impaired, and language translation for broadcast programming through closed captioning.

New! “PowerWriters: Stories of the World’s Trusted Court Reporters & Captioners”

Quote startAl Betz has put together a resource that anyone even remotely considering court reporting as a career would do themselves a favor by reading this book. The NCRA is thrilled to be partnering with Al on distribution of this great new resource.Quote end

Baltimore, MD (PRWEB) September 26, 2010

At center stage in the courtroom, yet without fanfare, court reporters execute their solemn responsibility to accurately take the record of depositions and court proceedings and produce a verbatim transcript. In “PowerWriters: Stories of the World’s Trusted Court Reporters and Captioners,” author Al Betz, a veteran realtime court reporter, takes readers through a day in the life of dozens of court reporters and many notorious and controversial trials that have captured the attention of the world. Court reporters are professional eyewitnesses to history-making events, often chronicling the most dramatic and intimate details of society. Beyond the courtroom, the skills of the court reporter extend to the highly specialized role of captioners, who enable access to a world of communication for the hearing impaired. “PowerWriters” takes the reader behind the scenes where captioners perform realtime language translation for television programming and movies. It’s not surprising that these careers are cited for above average job growth at handsome salaries, well into the future.

The book’s title, “PowerWriters,” is apropros from many perspectives. It is descriptive of the rigor, speed, and accuracy required in the court reporter’s performance. It embodies the value and inherent power of the verbatim record in our system of justice. In any court of record, a proceeding cannot begin until the court reporter is present. Author Betz memorializes the talent, dedication, and challenges of these professionals and recounts the rich history and indivisible role of the verbatim record in our legal system.

Author Betz is also the president of Al Betz Reporting, Inc.. AB&A provides court reporting, captioning and litigation support services nationwide through offices in Washington, D.C., Baltimore and Westminster Maryland, and Harrisburg, Pennsylvania. Betz was a pioneer on a national scale in the development and implementation of Computer-Assisted Transcription (CAT), which led to a transformation of the pre-trial and trial systems in the United States through automation of courtroom procedures. The verbatim records of some of many important commercial litigation cases during the last 30 years have been entrusted to Betz and his company, including Enron, WorldCom, as well as criminal cases involving John Hinckley, Jr., Oliver North, and the grand jury investigations of former President Clinton.

One could also say Al’s career has been “storied” in a different respect. He has used his skills to give back to the community through interviewing and preserving the stories of families of 9/11 and the rapidly dwindling ranks of World War II veterans.

Technology and the Internet have shaped the capabilities and demand for court reporting and captioners. There are several methods of court reporting, including stenographic, electronic, and voice writing. These jobs are cited for double-digit growth through the next decade, a beacon in an otherwise dim employment landscape. Although intensive training is required and certification is a plus, a traditional advanced degree is not necessary. It’s a lucrative choice, even for a second career. Court reporters can command six-figure salaries in some venues, according to a Forbes article, which also predicted steady job growth.

According to the Bureau of Labor Statistics, “Employment of court reporters is projected to grow 18 percent, faster than the average, between 2008 and 2018. Demand for court reporter services will be spurred by the continuing need for accurate transcription of proceedings in courts and in pretrial depositions, by the growing need to create captions for live television, and by the need to provide other real-time broadcast captioning and translating services for the deaf and the hard of hearing.”

According to Jim Cudahy, Senior Director of Marketing & Communications of the National Court Reporters Association , “Those who are considering a career in court reporting want to know what the future has in store for their would-be vocation. The future indeed looks bright and, in ‘PowerWriters,’ Al Betz has put together a resource that anyone even remotely considering court reporting as a career would do themselves a favor by reading this book. NCRA is thrilled to be partnering with Al on distribution of this great new resource.”

“PowerWriters” follows Betz’s other books, “Polishing the Pearl: The Art of Professional Performance” (a guide for court reporters and other service professionals seeking inspiration and knowledge), and “Outfluence®: The Better Way to Influence.” Betz is a principal in Outfluence, LLC, a personal and professional development organization with a mission to teach people and organizations the application of the concepts of silent communication and Constant Messaging™ to initiate and foster mutually profitable business and other relationships.

“PowerWriters” (2010, ISBN 978-0-9819914-9-8) and the author’s other titles are available for purchase at Silver Bear Graphics and www.outfluence.com.

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YesLaw Introduces PDF Transcript Production Software

(Taken from http://www.yeslawdvd.com/index.html)

YesLaw is introducing an exciting new production tool for court reporters at the NCRA 2010 Annual Convention and Exhibition.  This new tool enables court reporting companies to create YesLaw PDF Transcripts – custom-branded, full and condensed transcripts, complete with embedded and hyperlinked exhibit files, and a hyperlinked concordance/word index.  This software compliments the YesLaw Generator, YesLaw’s market leading video synchronization tool and the YesLaw Online Repository the only secure web repository hosting document deposits, transcripts, linked exhibits and streaming synchronized video.

The YesLaw PDF Transcript Advantage

Hyperlinked Word Index – The YesLaw Transcript Generator auto-generates a concordance with each index word’s page:line references hyperlinked to the corresponding occurrence within the transcript.  Clicking on any index word opens Adobe’s advanced search tool allowing attorneys to quickly search across all their transcripts and exhibit files with a single query.  Alternatively clicking on the index word’s page:line entry immediately takes the attorney to that page within the transcript.  These hyperlinked page:line entries make the transcript easier to use and are unique to PDF transcripts created by YesLaw.

Hyperlinked Exhibits – Linked exhibit files are embedded in the single PDF transcript file.  Each reference to an exhibit is hyperlinked to the exhibit document and opens with a click.  Each exhibit is also listed in the bookmarks section with a comprehensive list of back-links to each page the exhibit is referenced upon.  So the transcript is hyperlinked to the exhibit files, and the exhibit files are hyperlinked back to all the transcript references.

Fastest Production –The YesLaw Transcript Generator fully automates production including exhibit linking and word index generation providing the fastest and easiest production process.  Linking exhibits is a snap: add the exhibit files and the work is done.  The Generator automatically determines the exhibit number, links each exhibit to every reference within the transcript, then back-links each exhibit to every transcript reference.  The software auto-determines the case caption, deponent’s first and last name, deposition date, header and footer text and even the reporter’s signature location.  The YesLaw Transcript Generator provides the highest level of automation for the fastest and most complete production process.

Professional Look – the software auto-determines the optimum line and character spacing to completely fill each page – top to bottom and left-to-right – for the best possible appearance and readability.  Attorneys will never see white space or un-filled pages.  The characters will be as large as possible yet never print outside of the page border.  The character spacing remains consistent throughout the transcript to maintain a clean, professional look and retain column alignment – all the Q’s and A’s and indents line up perfectly.  And this is all done automatically with no template changes, tweaking or reformatting required.

Smallest File Size – Even with full bookmarks, hyperlinked word index and custom-branding cover art; the YesLaw PDF transcripts are about the size of the court reporter’s ASCII.  You will not find this level of optimization in other transcript format.

Unmatched Attorney Ease of Use – Attorneys can copy and paste from YesLaw PDF transcripts and retain the transcript formatting – line numbers and indents remain aligned.  And if their copied text spans multiple pages, attorneys need not remove the headers, footers or watermarks after pasting.  This ease-of-use is unmatched in any other PDF transcript format.

The PDF Format Advantage
The PDF format is an open standard (not proprietary like others) with free viewing/printing software available for all the Windows operating systems, Mac OSX, and Mobile devices (Blackberries, iPhones, iPads, etc) and available from multiple vendors.  Indeed just about every attorney has a PDF viewer already installed on their PC eliminating the difficulty with downloading/installing proprietary transcript viewer software within secure networks and for PC users without administrative privileges.

Acrobat enables the attorneys to use a single program to manage their exhibits and transcripts, search across their transcripts and exhibit files with a single search, and mark-up/annotate the documents to collaborate with others.

As an open and ubiquitous standard, the PDF format is recommended and often required for electronic legal filing.  Tech-savvy attorneys will appreciate the PDF transcripts as unlike other proprietary transcript formats, YesLaw PDF transcripts can be indexed and searched by e-discovery applications without additional conversion.  And all the major trial presentation software packages support the PDF format.

For More Information
More information can be found on the website or by contacting YesLaw at 800-910-5009 or emailing lsupport@yesvideo.com.

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Version 1.4 of MobileTranscript for the iPhone and iPad is now available

New Version of Mobile Transcript Available

Version 1.4 of MobileTranscript for the iPhone and iPad is now available. New features include: bookmark; jump to next highlight; keyword search; jump to page number; e-mail transcripts from within the transcript; e-mail transcript in PDF with or without your yellow highlights; finger swipe feature to move from page to page; page arrow keys are enlarged and repositioned under user’s thumbs when holding the phone horizontally; and increased screen viewing area to review and annotate the transcript.

To see a demo, click here.

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Court reporting: a career oasis in an economic desert

Court reporting: a career oasis in an economic desert

By Tracey Kaplan

tkaplan@mercurynews.com

Posted: 08/28/2010 04:39:22 PM PDT

Updated: 08/29/2010 03:38:09 AM PDT

Click photo to enlarge

Su-Lin Winalski, 38, of Santa Clara, right, uses the stenographic… ( KAREN T. BORCHERS )

Single mom Diane Carre earned too much money as a tech-support manager to quit — even though she dreaded those stressful, 3 a.m. phone calls about system failures. So when that job was outsourced to India, she eagerly eyed another profitable career — one that doesn’t involve sleepless nights.

The San Jose mother of two boys is learning to be a court reporter, a job that has morphed well beyond the courtroom. Thanks to the Americans with Disabilities Act, demand continues to grow for people with court-reporting skills to caption TV broadcasts and college lectures for hearing-impaired students.

In the desert that is the current economy, the job offers a lucrative oasis. One longtime court reporter in Santa Clara County, Virginia Barrios-Gutierrez, has enthusiastically spawned three generations of court reporters — and now her grandkids look forward to earning $60,000 to $100,000 a year or more, depending on how many hours they’re willing to work.

The career has its drawbacks: it is challenging to master the “language” of legal stenography and takes years of practice to get up to speed on a stenotype machine. During trials, court reporters must take down every utterance from a wide cast of characters as they produce testimony that can be blazing fast, complicated, technical, emotionally disturbing — or all of the above.

Carre, 45, is not fazed.

“I’m looking forward to the money, the independence and being in a respected field,” she said. “I can’t wait to hear the cases. And it’s great for a single mom because if you do depositions or captioning for the hearing-impaired, you can pick and choose the hours you work.”

The number of jobs for court reporters — now 21,500 nationwide — is expected to grow 18 percent from 2008 through 2018, and the U.S. Bureau of Labor rates the career prospects “excellent.”

21,500               current court-reporting jobs nationwide

18 percent        job growth expected from 2008 to 2018

$80-$150         hourly wage for freelance captioner

In the Bay Area and Sacramento, “there’s a real shortage — I’m always looking for the best students to hire,” said Rhett Simmons, who owns a Sacramento-based employment agency called West Coast Captioning.

Freelance captioners who work with college students and at conventions earn $80 to $150 an hour. UC Berkeley has six captioners on staff who start at $60,000 per school year, plus benefits.

Court reporters who work for the state Superior Court system can do even better — they can qualify for a generous pension and can make extra jingle by selling extensive transcripts of court proceedings for about $2.70 a page.

But court reporters who work in judicial settings — especially in criminal courts — must develop strong stomachs, said Georgeann Wiles, president of the Santa Clara County Court Reporters Association. Child molestation cases can be particularly gruesome.

“But that’s humanity,” Wiles said, “and you just try to hold it off and go on with your day.”

Three generations

Overshadowing the career is the prospect that California will replace court reporters who work in felony courts with digital recorders, as many states already have done to save money.

In the Bay Area, only two colleges and one private school still offer court reporting programs — in Saratoga, Novato and Dublin. Saratoga’s West Valley College almost abolished its program this spring because of state-budget cutbacks, until it was saved by a last-minute groundswell of support from the legal community.

But the California Court Reporters Association has managed to stave off the technological threat for the past three years by vigorously lobbying state legislators. The group commissioned an independent study that found digital recording is cost-effective only in low-impact cases. Otherwise, the quality of the recording is worse and transcript preparation costs are higher.

“A tape recorder doesn’t know what it didn’t hear,” Santa Clara County Superior Court Judge Edward Lee says. “A court reporter does.”

Barrios-Gutierrez, 64, is so optimistic about the profession that she’s made it a family affair.

Thanks to her encouragement, daughter-in-law Dominga Antonio is also a court reporter in Santa Clara County Superior Court. Granddaughter Stacie Antonio is nearly done with court reporting school at West Valley, and two more grandchildren are enrolling.

“I believe there’s a lot of work ahead for court reporters,” Barrios-Gutierrez said.

One of her colleagues at Santa Clara County Superior Court is playing it safe — just in case. Court reporter Heather Bautista works for the county during the day and freelances one evening a week captioning for hearing-impaired students at San Francisco State.

The college work provides an extra perk.

“It’s almost like a free education,” Bautista said, “without the homework.”

Contact Tracey Kaplan at 408-278-3482 or tkaplan@mercurynews.com.

West Valley College is holding a free court reporting orientation Saturday from 10 a.m. to 1 p.m. For more information, call 408-741-2448.

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NCRA Total Immersion Project – Fifth Quarter Report

Total Immersion Pilot Program – Fifth Quarter Report

National Court Reporters Foundation
Fifth quarter

Taken from http://ncraonline.org/Careers/totalimmersion/fifthquarter/

The fifth quarter of the Total Immersion Pilot Program began on April 5, and the students have completed one year in speedbuilding.  The program lost two more students during the past three months, citing the need to return to full-time employment.  When the quarter ended on June 25, there were eight students remaining.  One student was writing at 200 wpm, two students at 180 wpm, one at 160/180 wpm, three at 140 wpm, and one at 120 wpm.  The students are working hard to move to their next levels.

Classes continue to be held five days a week.  Speedbuilding remains the primary focus, but the students have also incorporated exercises in medical terminology, writing medical Q&A, and learning the roles of the official and freelance reporter.  Numbers drills and dictation of legal terms, colloquy, and jury charge are ongoing.  Their literary dictation has become more challenging, and the length of the dictation has increased, for the purpose of building stamina.  Weekly practice plans continued to include practice from StenographU and Realtime Coach, in addition to the course material in the Moodle course site.  Students started the foundation of Court Reporting Procedures.

Individual coaching sessions were scheduled for each student, with discussions involving their progress, speedbuilding test issues, practice recommendations, and anything else that might come up.

The last quarter will include more Case CATalyst training as it applies to transcript preparation, a continuation of Court Reporting Procedures, proofreading exercises, and internships, for those who are ready.

While the students were enjoying a weeklong break from class following the end of the quarter, they continued to test.  And it was during the break that the first student passed the last 200-word-per-minute test and moved into the final 225-wpm level!

Once the final quarter is completed and the pilot has finished, the Total Immersion Task Force will commence the post-pilot analysis and assessment to determine what we have learned and how we can translate that knowledge into usable material that can be applied to best effect to strengthen stenographic education.

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NCRA Total Immersion Project – Fourth Quarter Report

Total Immersion Fourth Quarter Report

Taken from http://ncraonline.org/Careers/totalimmersion/fourthquarter/

The fourth quarter of the Total Immersion Pilot Program began on December 28, 2009.  The NCRA Board of Directors and the NCRF Board of Trustees approved extending the pilot for up to six additional months, to give the students more time to complete their speed goals.  The students have adjusted their schedules as needed in order to continue their training.

In February, a student was forced to drop from the program for medical reasons.  There are now 11 remaining students.

Speedbuilding was again the primary focus of this quarter, but the students also incorporated medical terminology exercises and dictation into their daily routines.  They are working regularly on practice questions that will help prepare them for the RPR Written Knowledge Test.  The students will receive training in court procedures during the next few months.

The individual training sessions continue to play an important role in allowing students to discuss the life issues that could impede their practice and progress, as well as to provide targeted guidance for their writing issues.  The students enjoyed a guest speaker who lectured on brain function, nerves and anxiety, and how negative self-talk and thoughts of failure can affect speedbuilding progress and test-taking success.

The fourth quarter ended on March 26, 2010.  One student finished the quarter at 180 wpm, one at 160/180, three students at 160 wpm, three at 140 wpm, two at 120/140 wpm, and one at 120 wpm.

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Long Island Business Institute Launches Homeland Security Program (includes info on Court Reporting)

By Victoria Reitano of the “Commack Patch”

The Homeland Security Associates Degree program at the Long Island Business Institute (LIBI) is accepting applications to fill their first 25-member class and will include training for managing a homeland security team and issue.

According to James Foster, director of enrollment, the course will be taught by retired army Maj. Gen. Richard S. Colt, who created the 61-credit degree program exclusively for LIBI. The first semester began at the Flushing, N.Y. campus in June.

Known for court reporting degrees, this accredited independent college offers day and night classes as part of a continuing education program. Foster said he notes many students with 4-year degrees returning to the programs, particularly with court reporting, because they are looking for a specific skill they did not obtain during their undergraduate education. He said this change has increased since the recession began.

For over 40 years the center in Commack Corners has taught court reporters to “beat 225.” That statement refers to the words per minute minimum for certified court reporters. The school will not certify a student unless they can reach that number. Foster said students interested in this program need to anticipate 2 hours per day practicing outside of class as moving through courses include speed requirements.

“Sometimes students jump from court reporting one to court reporting three, but it doesn’t always happen. Students need to beat the speed at every level in order to continue,” Foster said. If students cannot achieve the necessary speed, they need to take the course again.

The writers, machines created by Stenograph and used nationally, are rented from the school during training. Machines can be purchased online via the website or on eBay. The machines must be computer compatible as a program – called Real Time – is used to allow the stenography, the language of the writers, to be read as real text, on a computer simultaneously.

This investment can range anywhere from over $4,000 to $800-900 on eBay.

The 65-credit Associate’s Degree in Court Reporting includes four general education requirements, while the 54-credit certification program does not. These programs also enable a student to become a broadcast captioner for live television programs to give assistance for deaf and hard-of-hearing viewers as well as a court reporter, one who takes the minutes of a court proceeding or other legal meeting.

Semesters at the center begin in February, June and October, with registration at least two weeks before the start of classes. Foster said there is an open house Saturday at 10 a.m. and requested that students call to reserve their seats.

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Attorney who Subpoenaed Rick Scott Delays Deposition

TALLAHASSEE – Steven Andrews, the attorney who slapped Rick Scott with a subpoena last week, has told the GOP gubernatorial candidate’s campaign that he is delaying the deposition he had initially scheduled for Friday.

The subpoena that Andrews served on Scott had “commanded” him to answer the attorney’s questions in a meeting on Friday — four days before the primary election — at the Florida Press Center in Tallahassee.

Andrews, a contributor to the campaign of Scott’s primary rival Bill McCollum, is suing Collier Court Reporting for access to a sealed deposition that Scott gave in April in a now-settled case against Solantic healthcare company, in which Scott is a major investor.

Terms of the settlement in that case made Scott’s April deposition confidential, and he has refused publicly to release it, calling it a “private matter.”

Scott’s attorney and Collier Court Reporting have been trying this week to persuade a Leon County Circuit Court judge to throw out the subpoena demanding that Scott answer Andrews’ questions on Friday. To date, no hearing has been scheduled on the motion; Scott’s attorney, Charles Trippe of Jacksonville, would not comment on the case.

Scott’s campaign, however, has received a letter from Andrews’ legal staff, stating that “Mr. Andrews is postponing your deposition, currently scheduled for Friday, April 20, 2010, and will reset it within 60 days. Additionally, please advise that you are still under subpoena pursuant to Florida law. This postponement of your deposition will allow the Defendant, Collier Court Reporting Inc., to secure legal counsel.”

Jennifer Baker, campaign spokeswoman for Scott, said “the fact that this letter was sent to our campaign headquarters is further proof that the accusations are baseless and part of a smear campaign orchestrated by a Bill McCollum supporter.”

Andrews and McCollum have denied the latter.

Reporters Keith Cate and William March contributed to this report. Catherine Whittenburg can be reached at (850) 222-8382.

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Exclusive Third-Party Contracting

Taken from www.ncraonline.org

NCRA’s Commitment

NCRA is committed to ensuring that the court reporter is the impartial officer in the court or deposition. It is one of the cornerstones of the profession. Court reporters are the Guardians of the Record, and that means producing a record that is complete, accurate, secure and unbiased. The reporter, as the impartial party in any proceeding, must be beyond reproach and have no vested interest in the outcome.

Litigants, other participants in the judicial system and the general public expect and demand that depositions and court proceedings be recorded by a competent, independent and neutral court reporter who has no stake, financial or otherwise, in the outcome of the action. Prohibiting parties of interest in litigation from having a direct contractual relationship with court reporters, as officers of the court, is necessary to ensure the public’s faith in the integrity and impartiality of the judicial system.

Under an exclusive third-party contract, an insurance company or other private organization hires a court reporting firm to provide services on an exclusive basis for the company’s litigation.

History of Contracting and NCRA

In November 1997, the NCRA Board of Directors issued a resolution “that NCRA lobby at the state and federal level and work with its affiliated organizations and coalitions at the state level to seek the enactment of laws and court rules that will limit or prohibit contracting arrangements in order to maintain the impartiality and independence of court reporters in their capacity as officers of the court.”

A preferential contracting agreement promotes the interests of one party to the action at the expense of the others. An exclusive third-party contract may provide not only price and volume discounts to one party, but also specialized litigation support services that are not available to others. In fact, certain contracting arrangements may make transcripts available to one party or its representatives before all parties to the action receive them. Transcripts may also be offered as part of a central database to the contracting corporation.

Under many contracting arrangements, the duties and responsibilities of the court reporter are diminished. The custody and control of the transcript by the court reporter, acting as an officer of the court, is removed and given to a firm that has a financial arrangement with one of the parties involved in the case.

The American Judges Association in 1998 passed a resolution to support legislative and judicial measures prohibiting financial arrangements between court reporters and parties in interest. The resolution notes that “court reporters are officers of the court whose impartiality, as with judges, must remain utterly beyond question in order to ensure the enduring confidence and faith from which our judicial system derives its legitimacy.”

NCRA is working with the coalition Citizens for Impartial Justice, an organization whose primary mission is to create public awareness and to lobby for legislative and/or rule changes on a state-by-state basis, as well as on a federal level, to prohibit parties in litigation from entering into contracts with court reporters, deposition officers and officers of the court that diminish or appear to diminish their neutral and impartial role in the administration of justice.

Currently, 28 states have passed legislation or rules prohibiting or restricting the practice known as “contracting.” NCRA will continue to work with state legislatures and the courts to ensure the integrity of the record, protect the impartiality of the court reporter and maintain the public’s confidence in the judicial system.

There is nothing wrong with entrepreneurial free enterprise, but NCRA believes the role of the court reporter in the judicial system is not a commodity. It is a sacred duty that protects people’s life and liberties and cannot be sold to one side or another.

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