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Archive for March, 2013

Examining the value of one word in court reporting

Saturday, March 30th, 2013

Previously on this blog, we've discussed court reporting services in comparison to some alternatives that have emerged through the development of new technologies. However, in many cases, the advantages of these so-called "advancements" are often outweighed by their glaring faults, especially when looked at in the context of a court room.

In an article for the National Court Reporter's Association (NCRA) website, Kathy Zebert, a certified court reporter, examined the concept of creating a transcript by focusing on something electronic services might miss: one word.

Zebert argues that, when it comes to a trial or deposition, the entire trial can come down to one word. The examples she used was an examination of the differences between a witness saying "I did not see him enter the garage" and "I did see him enter the garage." In this instance, the word "not" is vital. However, if a chair happened to squeak or someone coughed near an electronic recording device, that word "not" easily could have been missed.

With this in mind, Zebert delved into whether it was really worth it for the courts to consider replacing realtime court reporters with a tape recorder when every single word is needed to produce an accurate transcript.

"If your life, liberty, home or family, were at stake, how much value would you place on the absence or presence of one word?" she asked in her post. "Would you entrust these precious things to a machine, or would you trust them to a live person who is specially trained to guard the record and value each and every word spoken?"

When dealing with local cases, Wisconsin court reporters are aware that each word spoken in a deposition or trial environment will be integral to the court transcript that is eventually produced. Additionally, their ability to read from the record during a hearing is an asset that any legal professional can appreciate.

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The role of court reporters in the modern world

Wednesday, March 27th, 2013

For many in the public, it may be a surprise to see so many courts relying on realtime court reporting for legal proceedings. While other industries may lean more toward electronic recordings and other transcription alternatives, the nuances of law require the presence of a professional stenographer to ensure that every aspect of a particular deposition or trial is captured correctly.

In a recent post for Capitol Court Reporting, Joseph Coupal looked into why court reporters have retained their importance in today's industry. The main factor that he cited was the "human element" that comes with the inclusion of a certified court reporter in legal proceedings. As opposed to a recording device, a court reporter can interact with the rest of the courtroom, much to the benefit of the trial or deposition as a whole.

"The human element that is present in every court case or deposition makes court reporters such an essential part of the legal process," Coupal wrote. "There are usually several or more times within a court case or hearing where the court reporter may be called upon to answer to the court." 

The post then looked into the impact of an accurate transcription, even when the reporter is long gone. When a court reporter completes a transcript and submits the finished product to the legal system, it becomes an official document that can be used as evidence in the future. Because of this, it is vital for all future cases that transcripts include the perspective of a live person that witnessed the trial and truly grasped the proceedings.

Whether it's in a deposition or trial setting, local legal professionals know that a Milwaukee court reporter is the best solution to get a quality court transcript.

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NH court reporters named 2013 Legislative Activists of the Year

Tuesday, March 26th, 2013

If this blog has shown anything, it's the idea that court reporting services often go overlooked in legal proceedings.

Whether it's their ability to go back into the record to recount what was said earlier in the trial or the accurate transcripts they produce in any hearing, court reporters are the unsung heroes of the legal system. So, when certain court reporters actually get their due, they've certainly earned it. Such was the case for Camille Palladino-Duffy and Michele York when they were named the 2013 Legislative Activists of the Year.

Since 2003, the award has been given by the National Court Reporter's Association (NCRA) Government Relations department to "recognize the extraordinary achievements of those who have supported the court reporting profession through advocacy in their state legislatures during the previous year," according to the NCRA website.

This year, the award was given to Palladino-Duffy and York for their efforts  to fight legislation that would have shut down New Hampshire's Board of Court Reporters. In 2011, a bill that attempted to eliminate the board was met with fierce resistance by the New Hampshire Court Reporters Association (NHCRA), with the duo leading the way. By starting up a grassroots organization to gather support and partake in direct lobbying to lawmakers, Palladino-Duffy and York – along with the NCRA and the NHCRA Legislative Committee – prevented the bill from passing for over a year, before forcing it to dissolve in 2012.

Through their efforts, the pair of court reporters showed what members of their profession can do in and out of the courtroom, setting an example for their colleagues across the country. Those in the local legal system should take notice and make sure that their own Wisconsin court reporters get the acknowledgement they deserve – even if they don't have a special award for it.

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Court reporters put veterans’ stories down on paper

Monday, March 25th, 2013

With the help of certified court reporters, the Veterans History Project (VHP), a program that was co-sponsored by Wisconsin democratic Congressman Ron Kind, is now in its 10th year of helping  national veterans tell their stories so that they may be recorded for future generations.

Working in conjunction with the National Court Reporters Foundation (NCRF) and the National Court Reporters Association (NCRA), the VHP focuses on connecting certified court reporters with veterans so as to create a collection of stories of service that will be gathered in the Library of Congress' American Folklife Center.

Kind initially backed the project after witnessing some of the interviews that his wife, Wisconsin court reporter Tawni Kind, had recorded and transcribed. After she found the project so rewarding, Tawni Kind recruited other court reporters to participate in the project while her husband helped push the bill through Congress.

Now, VHP works with organizations such as William Middleton Memorial Veterans Hospital in Madison, Wisconsin and the University of Wisconsin's La Crosse communications department to connect court reporters with local veterans.

"I can't tell you how rewarding it's been to me to work with such dedicated professionals at VHP, and with court reporters who unselfishly volunteer their time and talent to ensure that these stories will be preserved so that future generations of Americans will know of the sacrifices made to preserve our freedom," said Beth Kilker, NCRF's Oral Histories Program Coordinator.

Currently, the VHP holds over 65,000 transcribed stories, and is reportedly the largest such collection of oral history in the United States. While the recordings, transcripts and other media in the collections is also donated from veterans' families, much of the existing material stems from volunteer recordings.

When it comes to transcribing any story, life history or court proceeding in Wisconsin, there is no better local solution than a Milwaukee court reporter.

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Court reporter describes day-to-day as being ‘just like a pianist’

Friday, March 22nd, 2013

Sometimes, it's hard for Wisconsin court reporters to describe to clients how they can take everything that's said in a courtroom and transcribe it on paper efficiently and accurately. While those in the Wisconsin court system have counted on such reliable services for so long, the nuances of the profession sometimes escape the notice of the larger population. However, in a recent feature in The Record, the owner of a California-based deposition company tried her best to make a comparison. 

With her court reporting company in Lodi, California, 47-year-old Dina Marcus has little trouble putting what other people have to say down on paper. But in describing what a court reporter does, she says it's difficult to provide people outside of the industry with a proper explanation. The best comparison she can make is to say it is similar to mastering a piano.

"I emphasize technology and innovation, experienced and veteran reporters," Marcus said to the news source. "There is constantly improving software. What we do is just like a pianist – using both hands, we squish phrases."

However, Marcus also makes certain that her reporting skills don't fall to the wayside. In talking with The Record, Marcus revealed that she still works cases herself, and hasn't lost her fastball just yet. As of now, Marcus can produce up to 250 words-per-minute and has gotten that number up to 300 at times. The required rate to become a certified court reporter in the state of California is 200 words-per-minute.

Meanwhile, in Wisconsin, there's no replacing a Wisconsin court reporter. When it comes to getting proper transcription for a deposition or trial, there's no substitute for the services of a professional who can capture the nuances of a courtroom and provide a quality transcript of any legal procedure.

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LA court faces backlash from budget cuts

Thursday, March 21st, 2013

Previously on this blog, we looked into how state-level budget cuts were wreaking havoc on court reporting services at courthouses and other legal facilities. In one recent instance, though, the people are fighting back.

Last week, hundreds of protesters appeared in front of Stanley Mosk Courthouse in downtown Los Angeles to voice their opposition to budget cuts and closures in the justice system. Because of the cuts, which are dictated by the state, legal employees have witnessed staffing shortages, higher court fees, significant delays and even court closures in some cases. In response, protesters outside the courthouse called for the government to re-evaluate the way it looks at the court system and to make its intentions more transparent. One attendee told The L.A. Times that the decision to close courts was "about the dumbest thing the government has ever done."

Meanwhile, the court system is attempting to close an $85 million budget gap between its current status and where the state demands it to be by July 1, the beginning of the new fiscal year.

According to the news source, the California legal system will eventually cut 511 employees – all necessary positions, said a judge – from its books by June. These moves are a continuation of drastic financial decisions made recently. Over the last four years alone, the courts have cut 24 percent of their total workforce, while cases continue to mount as a rising pace.

"It affects victims, it affects defendants, it affects lawyers, it affects police departments, it affects families, it affects businesses, it affects the rich and the poor," David S. Wesley, presiding judge of the L.A. County Superior Court, said to the L.A. Times.

As the situation in California has shown, making cuts in the justice system can lead to significant backlash. That's why it's important to make sure that funds are properly allocated for Wisconsin court reporters.

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Court reporters rally for Courthouse Safety Act on Capitol Hill

Wednesday, March 20th, 2013

In an effort to support training and advocacy for court reporting services, the National Court Reporters Association (NCRA) and many of its representative traveled to Washington D.C. last week as part of a support effort for the Local Courthouse Safety Act. The event also featured a two-day 2013 Legislative Boot Camp. 

The NCRA, which represents broadcast captioners, court stenographers and CART providers, sent 40 of its state affiliate association leaders along with its national board of directors to Capitol Hill to lead the way at the event. The courthouse safety bill the NCRA is rallying around was first introduced in February 2012 by Sen. Al Franken (D-Minn.) and Sen. John Boozman, (R-Ark.). The purpose of the bipartisan bill is to take security equipment that is no longer in use by other federal agencies and use it to help protect courthouses and other legal facilities. It also calls for the government to re-allocate funds in order to train security guards for these facilities.

"It is important to NCRA that members of the court reporting profession work in the safest environment possible and we are committed to doing everything we can to help ensure that scenario is a reality. Passage of this Act will provide a real and cost-effective deterrent for potential attacks on courthouses, and provide states with additional resources to deliver safeguards," said Jim M. Cudahy, executive director and chief executive officer of NCRA.

The NCRA's efforts are reflective of the overall sentiment that the government needs to provide more resources for courthouses in order for the justice system to run more smoothly. If Wisconsin courthouses face budget cuts due to financial restraints, it becomes more important to ensure that there is a Milwaukee court reporter present at all hearings and trials.

Posted in All Posts, Court Reporting News | No Comments » | Add Comments

A deeper look into the importance of depositions

Monday, March 18th, 2013

The role of a Milwaukee court reporter in a trial can be easily seen whenever there are public legal proceedings underway, especially when the official record is called into question. However, court reporters' other main duties, such as depositions, are often overlooked by the general public.

In a recent blog article, Steve Roberts, a Denver-based accident lawyer, discussed the topic of depositions and the exact role they play in the legal system. He put heavy emphasis on the need for lawyers to have a hard copy of a sworn-in document reflecting what a witness is going to say heading into a trial. Should the witness attempt to change his or her story during the course of a trial or hearing, lawyers have something that can prove any inconsistencies, or impeach the witness.

"Depositions are one of the most important parts of any attorney's discovery plan and the transcripts taken by court reporters during these depositions make sure that the attorney's hard work preparing and taking the deposition is not for not and that the attorney can reap the benefits of his/her work," Roberts wrote on his blog.

Depositions are also vital in any case where an individual is unable to take the stand in a courtroom due to a medical issue or inability to get to the courtroom. In these instances, lawyers still have a sworn statement as to what the deponent said concerning the case. Furthermore, lawyers are now using video depositions in more and more cases, to give the courtroom an opportunity to see and hear every witness.

A Milwaukee court reporter is necessary for all depositions, so as to swear in the individual who is being questioned and to ensure that everything that is said will be admissible in front of a judge. All local legal officials should ensure that a Milwaukee Court reporter is present whenever a witness is deposed.

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In the courtroom, there’s no substitute for court reporting services

Tuesday, March 12th, 2013

In most industries, it seems as though new technologies nearly always provide an easier, simpler method to perform tasks that were often performed previously by hand. However, one such instance where the classic method is the superior option is when comparing a certified court reporter to electric reporting technologies.

A column in the Modesto Bee looked in depth into the topic and examined the downfalls that come with the efficiency of electronic services versus having someone staffed at the position. The column, written by a courtroom reporter named Kristi Garcia, states that, while electronic services provide a fast, unmanned option, they encounter many issues when forced to deal with the intricacies of realtime court reporting. In addition, she claims that court reporters actually save money when compared to electronic recordings, due to the costs of equipment and staffing to go through and transcribe recordings.

The main issue that arises with automatic services is when dealing with instances where staffers going through recordings struggle to hear what was said and were not present in the court, leaving them to record a word or phrase as "inaudible" or "unintelligible." According to Garcia in her column, though, a certified court reporter has the experience and expertise to hear what was said when lawyers communicate quietly with their clients.

"Court reporters are the technology the courts need," Garcia writes. "They are the guardian of the written record in our trial courts. They ensure access to justice to all the citizens in our state. Court reporters are and will continue to be the stellar and cost-effective way to run a technology-based courtroom."

Although recording technologies continue to improve, it's difficult to replicate the presence of a Wisconsin court reporter at a trial or deposition, especially when dealing with low-volume exchanges, in terms of accuracy and speed of the transcript.

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Two court reporters with vastly different backgrounds share industry changes

Tuesday, March 5th, 2013

Fifty years ago, Glen Dorrough became a court reporter mostly to avoid manual labor. He stuck with the profession his entire life, serving as as an Oklahoma court reporter.

Even back then, Dorrough heard a refrain that should sound familiar to those who follow the court reporting industry to this day – tape recorders threatened to replace court reporters. As Dorrough enters retirement at age 70, he's not surprised that court reporters are still so widely used.

"[Dorrough] believes that a person will always be required to decipher things that a computer didn't translate, to look up esoteric terminology, to verify proper names, to make sure speakers are correctly identified and to insert the proper punctuation to make certain that a transcript is readable," according to the Tulsa Daily World article that profiled Dorrough.

A different perspective

Half a country away in Manhattan, Rebecca Forman also works as a court reporter. She shared with the New York Times some of her experiences since she entered the field in 2003.
And although Forman's experience isn't nearly as extensive as Dorrough's, she's still seen her own share of changes in the last decade.

When she started out, there were always murmurs that court reporters would eventually produce transcripts in real-time, so that judges and other parties involved in a trial or deposition would be able to immediately access the information. Ten years later, this has finally become a reality, in part because parties want to be able to add notes to the record as it's being produced.

Current Milwaukee court reporters have certainly heard rumors throughout their careers about how the industry would be evolving – some predictions have come to fruition and others haven't. The only constant is that Milwaukee court reporters need to be prepared for anything.

Posted in All Posts, Wisconsin Legal | No Comments » | Add Comments

 
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