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Blog Category: Arbitration

When to Interrupt a Proceeding

In polling the reporters who work with Planet Depos about when they interrupt a proceeding, the general consensus was that they don’t unless they absolutely, positively must. The two primary reasons for interrupting include:

• People speaking over one another
• People not speaking loudly or clearly enough

Because court reporters are expected to create a verbatim record, when people speak over one another, speak too quietly, or mumble/garble their words, court reporters may have no option but to interrupt.

The National Court Reporters Association distributes an excellent guide for attorneys entitled “Making the Record,” in which these issues are addressed. This guide book suggests that if counsel were to maintain an “awareness” that everything they say will be transcribed and retained as a permanent court record, that that is the first step to creating “an effective, usable record.” It goes on to explain that if the court reporter didn’t hear it, the jury probably didn’t hear it either.

Ken Norris, a reporter with Planet Depos, suggests that interrupting is a very “delicate” topic, and that if he finds he has no option but to interrupt, he is always “extra courteous” and will always ask for a pardon for the interruption.

“Recycling Negativity: Learning to Deal with Difficult Situations,” by Dorthea and Jim Brady, reminds reporters that “Learning to master difficult situations requires keen insight, flexible thinking . . . and direct communication,” all essential in evaluating when to interrupt. They also suggest being honest with yourself and asking questions like: Do my skills need improvement? Will improving my skills help alleviate some of these difficult situations?

In conclusion, court reporters should strive to keep interruptions to an absolute minimum, to communicate confidently the reason for the interruption, clearly and professionally, and to thank everyone for their assistance.

Paula Eastes – The Highlight of Her Court Reporting Career

As a small-town court reporter in Waterbury, Connecticut, back in 1974, Paula Eastes was looking to make a change, so she signed up to attend the Annual Convention of the National Shorthand Reporters Association’s to be held that year in Houston, Texas.

While at the convention, Paula passed two certification exams: the Certificate of Proficiency and the Certificate of Merit. Back in 1974, having a Certificate of Merit opened a lot of doors, as Paula quickly discovered, so when the chief reporter at the Superior Court in Washington, D.C. wanted to discuss a possible reporting opportunity, Paula drove to D.C., where she interviewed for that and several other positions.

Not long after returning home to Connecticut, Paula received a call from Hoover Reporting in D.C., asking if she would consider returning to Washington, D.C., all expenses paid, to work on the Rockefeller Nomination Hearings. Paula, usually known to be a smooth talker, returned the question with a stuttered, “Can I call you back on this?”

After talking it over with her best friend, Paula decided it was too big an opportunity to pass up, and began planning the trip as a “vacation.” Fearful that she might fail, Paula told no one, and swore her best friend to absolute secrecy.

Paula shared reporting duties with another reporter, switching out every hour until the hearings concluded. And so much for her secret “vacation,” the entire hearing was televised! In fact, the cameras seemed to zoom in on her nightly, plastering her picture all over the nightly news and newspapers.  Everyone in the world now knew that Paula (at that time Snyder) was in D.C. taking the Rockefeller Nomination hearings, not vacationing.

No sooner had Paula completed the Rockefeller Hearings, she was sent to the House of Representatives to report a portrait unveiling ceremony. Imagine her surprise when President Ford showed up to address the crowd! As Paula put it, “It wasn’t the State of the Union or anything, but that didn’t matter. Wow!!!!!”

Following this most exciting week of her career, Paula returned to Connecticut, where her best friend, with whom she’d shared the secret, had taken one of the hearing articles, added “Paula Snyder” after all of the congressmen, laminated it, and gave it to Paula as a memento. It remains one of Paula’s most prized possessions — and the reason for Paula’s move from Connecticut to D.C., where she remains a continued presence in the court reporting community.

Realtime Writers and Closed Captioning

On April 16, 2013, the Department of Education approved $1,068,870 in discretionary grant funding for Institutions of Higher Education (IHEs) to invest in training realtime writers to meet the requirements for closed captioning.

For many deaf and hard-of-hearing students, a court reporter walks with them from class to class providing a live realtime feed of everything said. Court reporters also perform convention, theatre and television captioning. Tammy Jaffe will tell you that providing that service “was the most personally gratifying experience of her career.”

Four court reporting schools or colleges are to be awarded the funding in an effort to attract and train more realtime writers, or captioners. With hearing loss on the rise — 35 million Americans now suffer from some sort of hearing loss — court reporters are becoming increasingly more essential both inside and outside the courtroom.

Court reporting is a fascinating, rewarding career, a field that continues to be considered a “Top Job,” and the only career that opens up the television, video and movie world to the deaf and hard-of-hearing community.

Court Reporters and Television Access

On March 13, 2013, Senator Tom Harkin (D-IA) introduced S. 555, the Captioning and Image Narration to Enhance Movie Accessibility Act., which essentially amends Title III of the Americans with Disabilities Act of 1990 to make it discriminatory for movie complexes (with more than two theatres) not to have available to the deaf or hard-of-hearing community either closed or open captioning.

Also on that date, Senator Harkin introduced S. 556, “The Air Carrier Access Amendments Act,” which will require both domestic and foreign airlines to have open and closed captioning available to its passengers through individual video monitors.

It is court reporters who provide the live captioning for television. With the startling rise in hearing loss — 1 in 5 Americans having loss in at least one ear, and 60% of deployed military returning with noise-induced hearing loss — the court reporting community is hopeful that these bills make it out of committee.

Courthouse Safety Act of 2013

The National Court Reporters Association, as well as state court reporting associations, are coming together in support of S. 445 and HR 953, the Local Courthouse Safety Act of 2013. Previously S. 2076, the Local Courthouse Safety Act of 2012, supporters are hoping to enhance local courthouse security by allowing “courthouses to receive security equipment from federal agencies that are no longer being used, as well as allocate existing federal funding toward courthouse security equipment.” S. 445 was sponsored by Senator Al Franken of Minnesota and co-sponsored by Senator John Boozman of Arkansas, and HR 953 was introduced by Representative Alan Grayson (D-Orlando) in the House, in light of the rise in courthouse violence.

Since the bills have no required costs, it is easier to comply with “Pay-go” spending rules, which require an identified spending reduction or new revenue source to offset the costs of the bill. Both the Senate and House have referred their respective bills to the Judiciary Committee for review.

In March of 2005, Julie Brandau, beloved court reporter in the Superior Court of Atlanta, Georgia, was gunned down, along with her judge, Rowland Barnes. The assailant, Brian Nichols, “believed” that Brandau was “part of the conspiracy against him” because she brought home-baked goods to the jury before whom Nichols was being tried. S. 445 and HR 953 is intended to prevent a repeat of this 2005 tragedy by providing security equipment, as well as training to local courtroom personnel.

Court Reporting Makes a Comeback

For years states have been working hard to replace their official court reporters with digital audio and video recording systems in an attempt to save their taxpayers money. What they’ve discovered time and again, however, is that court reporters are still a necessary and integral part of the system.

In 2001, Texas Brought back stenographic reporters after trying both audio and video recording methods, citing the reporters’ “ability to have an immediate transcript,” as well as “inherent problems and inaccuracies in transcription of recorded proceedings,” and “unanticipated costs and additional personnel to perform all the functions that a stenographic reporter provides.”

Other states, like Oregon, did away with most of its official reporters, only to discover that counsel now want to bring them back. Because court reporters are needed in so many venues other than court, a shortage in qualified reporters is anticipated to hit the Kansas courts within the next five to ten years. Thanks to the National Court Reporters Association’s efforts, however, court reporting schools are seeing increased enrollment, hopeful that they will be able to stem this tide.

Voice recognition is improving daily, and is now used by “voice writers” in venues ranging from officialships to television captioners. Until voice recognition can track every speech pattern, regardless of accent, through the closing of doors, sliding of chairs and crinkling of paper, however, either a stenotype or voice writing reporter will remain the “keepers of the record.”

Court Reporters – Front and Center in Writing Our History

MoneyCrashers, in its list of top professions, described court reporting as not glamorous or excitingDawn Hart and Jan Hamilton, court reporters at Planet Depos with a combined 69 years between them, will tell you otherwise, that the profession is exhilarating.

Dawn tells Planet Depos that having the opportunity to get “all dressed up every day, meet new people, travel, and be among brilliant experts is very glamorous.”

Mike Babicky, the court reporter in the Jodi Arias trial, sits in the well of the court, closer to the witness than anyone else in the courtroom, and is an integral part of the excitement that has been boosting HLN’s April 2013 ratings.  At the writing of this article, the verdict was still not in, but yesterday the jury returned a guilty verdict, and Babicky was the reporter who made those words part of the official transcript and part of court TV history.

Jean Dexter and Nikki Peter, the reporters on the electrifying Casey Anthony murder trial, were interviewed by News Channel 13 in Orlando about their role in what was HLN’s “biggest total audience in its 29-year-old history.”

CareersInCourtReporting is a wonderful resource for students considering entering one of the most exciting professions in the legal industry, court reporting.

Court Reporting – A “Top Job” for 2013

According to “Forbes Magazine” and “MyKelly’s” hottest jobs in 2013, court reporting ranks sixth among professions not requiring a four-year degree.  CareerCast ranked court reporting as 68th in its Top 200 Jobs for 2013, and Study.com indicates that the profession should anticipate an 18 percent growth rate between 2012 and 2018 due to “federal laws mandating that television programs and real-time broadcasts be captioned for the hearing-impaired.”

The National Court Reporters Association indicates that court reporting students can anticipate their training to take an average of between two and four years.  The Princeton Review suggests that “25 percent of those who enter the profession leave within the first year or two” due to stress; but for those who remain, the outlook is excellent.  The Bureau of Labor Statistics’ 2012 report reveals the mean annual wage for court reporters as $53,010, with the top 10 percent earning an average $90,530.

County Woman Magazine” indicates that court reporters are among those “women who love their careers, have work-life balance with a flexible schedule, and feel that their jobs are rewarding and important to society.”  Rebecca Forman, a court reporter in the Manhattan federal courthouse, answered questions about the profession for “The New York Times” in their series “Answers from a Court Reporter.”

For more information on the profession, the National Court Reporters Association and state court reporting associations are wonderful resources.

Audio Sync – Ensuring the Accuracy of the Record

People unfamiliar with the business of court reporting think of stenotype as “outdated.”  But the fact is that court reporting technology has advanced to the point that every word court reporters write on their steno machines these days appears instantaneously on an iPad, laptop or Smartphone.

The same software that enables reporters to translate their steno into English now also has the capability of providing the reporter, counsel and litigants with a backup system known as “audio sync.”  That is, every word is digitally recorded by the reporter’s steno machine or laptop and synchronized to the reporter’s stenotype, ensuring that no word is ever missed.  If ever a reporter’s work product is called into question, the audio linked to that reporter’s steno can be played back, and the transcription verified.

Court reporting schools are beginning to train their students in the use of this technology, and court reporting software vendors like Cheetah TurboCatEclipse/Advantage Software, CaseCatalyst/Stenograph, AristoCat, ProCat, and DigitalCAT/Stenovations now incorporate it into their programs.   Audio sync files streamline the transcription process for scopists and are an invaluable tool for the reporter.

My Most Memorable Court Reporting Assignments

Dawn Hart wanted to share some of her most memorable assignments with Planet Depos, “because it’s jobs like these that make her career so indescribably amazing.”

Dawn remembers with clarity an assignment that she began in 1989, and that lasted 4 years. It was a family dispute in which a child was suing a parent. Every time an argument would ensue, Dawn would be asked to mark the argument by folding her steno notes down at that point, and head out with counsel to the judge. There, Dawn would read the argument back, the judge would rule on it, a date would be set for the deposition to continue, and Dawn would be sent back. This happened over and over again for four years, and was heart-wrenching for Dawn to watch because it was a family torn apart, but as she said, “It was necessary.” Dawn’s skill set was key to bringing this discovery full circle. Had she not been able to keep up with the argument and read it back to the judge for him to rule, the case would have never made it to court.

Dawn’s funniest assignment stems from a deposition in which the witness and his counsel were in Dawn’s presence, while examining counsel was remote to the proceedings via teleconference. The line of questioning related to the fishing habits of the witness. After some time had passed, counsel asked whether the fish the witness caught at night were different from the fish he caught during the day. The question struck Dawn’s funny bone so deeply that she couldn’t stop laughing. Every time she’d almost stop laughing, she’d think, “Does he even know what he just asked?” and she’d start laughing again. As she said, “Thank goodness examining counsel was connected remotely.”

Dawn loves to listen to people’s opinions, and that’s one of the things she likes most about her job. She will often walk into a proceeding feeling one way about a topic, and after hearing the testimony, her viewpoint will be changed entirely. She thrives on challenge, and particularly loves the pharmacological, medical and scientific assignments, because she learns so much as a result of taking the testimony and researching the formulas, chemicals, and drugs. As she says, “You can never assume a spelling or meaning, unless you’re knowledgeable about the topic. A word of advice from Dawn: “In transcribing formulas, it’s extremely important that the upper and lower case lettering, numbering, and bracketing are correct, as any single error could represent an entirely different formula.

After 33 years, Dawn still loves the job — dressing professionally, meeting new people, going to new places and learning new things. She works very hard and highly recommends court reporting as a career.

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