Thursday, April 24, 2008

Court Transcript Flawed!!

Ouch! Court Reporter spends time in hooskow!!

Seems like something went wrong, really wrong with the transcript in this case. Hopefully the court reporter has learned a valuable lesson and can move on with their life unimpeded from this one occurrence.

~ The Beagle

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Pair cleared of federal bribery charges involving VitaPro
© 2008 The Associated Press

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houston_chron196:http://www.chron.com/disp/story.mpl/buzz/5723232.html
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HOUSTON — A former Texas prisons director and a Canadian businessman were acquitted in a two-hour trial of 10-year-old federal bribery charges relating to VitaPro, a soy-based meat substitute considered for state inmate meals.
Tuesday's decision was the second acquittal granted to former Texas prisons director James "Andy" Collins, 57, and Canadian businessman Yank Barry, 60, by U.S. District Judge Lynn Hughes.
The two were first indicted in 1998 on bribery, money-laundering and conspiracy charges by a federal grand jury.
After a tumultuous trial that featured Patrick Graham — a government informant who was a key witness in the prosecution of former Louisiana Gov. Edwin Edwards and former Houston Mayor Fred Hofheinz on corruption charges, a Houston federal jury convicted Collins and Barry in 2001 on the charges.
The jury found that at the time that Collins was executive director of the Texas Department of Criminal Justice, Barry paid two $10,000 bribes to Collins for pushing a no-bid contract worth millions with VitaPro.
By 2004, three years after the guilty verdicts, Collins and Barry had not been sentenced.
Defense lawyers said they were concerned about their ability to appeal the case because there wasn't a reliable record of the trial.
The 1,357-page trial transcript was found to have so many gaps and errors that Hughes ordered them reconstructed, but the effort was not successful and the court reporter ended up serving 10 days in jail for contempt of court after failing to meet a deadline on other transcripts.
By 2005, Hughes overturned the convictions and granted a new trial, ruling that Graham lied and the flawed trial transcript was unreliable. The government appealed. Last August, the 5th U.S. Circuit Court of Appeals reversed Hughes' decision.
Tuesday's trial was a bench trial, meaning there was no jury and Hughes alone decided guilt or innocence.
"The government did not prove its case beyond a reasonable doubt," Hughes said. "You guys are free. Whatever restraints remained on you go away."
After the decision, prosecutor Gary Cobe said: "We advocated that they were guilty and the judge advocated that they were not guilty."
Mike Ramsey and Kent Schaffer, who represented Barry, said that the acquittal was justice for their client.
Terry Hart, who represented Collins, said: "We are just very pleased with the judge's decision."
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Information from: Houston Chronicle, http://www.chron.com
Information from: Austin American-Statesman, http://www.americanstatesman.com

Saturday, April 19, 2008

Court Reporters Going Digital?

It seems like there's going to be a new sheriff in town...court reporters will be sharing their duties of guardians of the record with a handy dandy digital recording machine. I've heard and read enough horror stories to make me nervous if my assets were at stake in a proceeding being recorded.

Some day the technology will be better but that's not today.

~ the Beagle

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Court reporters going digital

DANIEL TEPFER Staff writer

Article Last Updated: 04/19/2008 11:31:08 PM EDT

They are the unsung soldiers of the courtroom — court reporters and monitors recording every word of every trial and hearing for posterity.

But over the last half-century, despite the digital revolution, there has been little change in the way these men and women perform their task.

Things, however, are about to change.

In Connecticut, there now are two main methods of court reporting — using a special stenotype machine or audio cassette recorders.

The stenotype machines look like small typewriters with only a fraction of the keys, which instead of letters type a special shorthand of symbols that represent sounds, words and phrases.
As they type, the symbols appear on a paper tape that spins out of the top of the machine. Many newer machines also record shorthand on a computer disc.

The stenographers later type up transcripts of court hearings from the shorthand.
Stenographers must attend national Court Reporters Association-approved schools where they take, on average, 33 months of training. They then must pass a state-certified exam. Monitors sit in front of cassette machines recording every word of testimony. They do not have to undergo specialized training, but are trained to operate the recording equipment and taking handwritten notes so that they can quickly find specific areas of the recorded testimony to be replayed.

Both the stenographers and monitors are responsible for typing transcripts of each court proceeding.

A major problem is that over time the audio cassettes degrade, distorting the recordings. The stenographic machines record information on a 4-inch paper tape, which consumes storage space.

However, new technology aims to address these problems.

For The Record, or "FTR," was developed by a software company in 1993 in Perth, Western Australia.

According to Nancy Brown, program manager for the state Judicial Branch's Transcription Services, the company produces equipment that digitizes all audio recordings in the courtroom.
The equipment, resembling a cross between a large DVD and the tower section of a computer, contains a digital hard-drive system.

"The new system eliminates the chances cassettes or recorders could malfunction or develop defects over time," Brown said. Because of the cost of the equipment, $8,000 a unit, its use is slowly spreading to all the state's courthouses. There are a few units in use in the Golden Hill Street courthouse in Bridgeport, but it is not yet in use in the Main Street court.
Statewide, Brown said there are units in 105 courtrooms, but acknowledged that is just a fraction of all state courtrooms.

Bridgeport's Official Court Reporter Mary Ellen Hirschbeck said she looks forward to outfitting courtrooms there with the new technology.

"A lot of people are apprehensive about it because it's new technology but it is the wave of the future," she said.

Brown said there is no danger that FTR will result in court reporters losing their jobs.
"We are always going to need court reporters," she said. "Court reporters are mobile and can record conversations in judges' chamber, at hearings and off sites such as jails, places that can not be equipped with FTR."

But, she said, FTR does help fill in for a shortage of court reporters caused by a budget crunch.
"We haven't had the money to fill any full-time positions in seven or eight years," she said. "And there are not many people who want to do it on a temporary basis because they don't get any benefits and the pay isn't very attractive."

History's first recorded shorthand reporter was Marcus Tullius, a freed Roman slave who became Cicero's secretary. In 63 B.C., he used a metal stylus to report a speech. Julius Caesar, a shorthand writer, supposedly was stabbed with his own stylus.

Shorthand later declined in popularity when it was declared by the church to be necromantic and diabolical.

In 1588, Dr. Timothe Bright is credited with authoring the first practical system of shorthand published in English. Dedicated to Queen Elizabeth the First, the system had no alphabet but consisted of more than 500 characters that had to be memorized.

That system was later improved on in 1750 by Thomas Gurney, the first official reporter of parliamentary debates in England. One of the most famous of these "court reporters" was author Charles Dickens, whose efforts to master shorthand became a subplot in his book, "David Copperfield."

In the United States, Thomas Jefferson and James Madison used shorthand for diverse purposes. Using a personally developed shorthand, Madison recorded the 1787 Constitutional Convention.

But it is Isaac Pitman who is considered the father of modern shorthand. In 1837 he developed the first system of phonetically based shorthand in England. His brother, Ben, later used the system to report the trial of the assassin of President Lincoln.

Irishman John Robert Gregg in 1888 established his own shorthand school. He moved to the U.S. in 1893 and established schools in Boston.

The following poem was written by W.C. (Casey) Jones for the 1964 meeting of the Kansas Shorthand Reporters Association.

"Who Am I?
My profession stems from man's desire and his necessity to preserve the happenings of yesterday and today for tomorrow.
My profession was born with the rise of civilization in ancient Greece.
I was known as a scribe.
I was in Judaea, Persia and the Roman Empire before Christ.
I preserved the Ten Commandments for posterity.
I was with King Solomon while building the Temple and recorded the origins of Masonry.
My hand labored upon the scroll that set forth the Bill of Rights wrested from the King of England at Runnymede.
I was with the founding fathers when the Declaration of Independence was drafted.
I witnessed the signature of John Hancock.
I wrote the Dred Scott Decision for Justice Taney.
The immortal Abraham Lincoln entrusted me to record the Emancipation Proclamation.
I was commissioned to be with Roosevelt at Yalta.
I was with Eisenhower on D-Day; with MacArthur at Tokyo.
I have kept confidence reposed with me by those in high places as well as those in lowly positions.
I protect the truthful witness, and I am a Nemesis of the perjurer.
I am a party to the administration of Justice under the law and the Court I serve.
I discharge my duties with devotion and honor.
Perhaps I haven't made history, but I have preserved it through the ages for all mankind."

Sunday, April 13, 2008

No Court Reporter, No Record, Very Upset People!

How many failed recording systems will it take for governmental regulators and decision-makers to finally figure out that when you have an important issue before you that the proper and most viable way of preserving those important words that are being said is to hire a reporting agency who will supply the right person for the job. It seems obvious that a "court reporter" would have preserved the record and then the proper channels of governmental communication could been followed and all this bruhaha avoided.

~ The Beagle

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Group petitions court to overturn aldermen's actionApril 11, 2008
Nikie Mayo
Sun Journal

A group of downtown proprietors and property owners is asking a judge to either deny the city-issued permit for the 75-foot Talbot's project or order a new hearing on the matter.
About two dozen business owners or landowners have filed in Superior Court a "petition for review of the issuance" of the conditional-use permit that is needed in New Bern for construction to begin on the building.

The city intends to treat the appeal "just like we treat any other case," City Attorney Scott Davis said this week.

The appeal alleges multiple "procedural and substantive errors" in the permitting process, among them failure of the city to maintain a record of the hearing held before aldermen voted to approve the permit on Jan. 8. The appeal also alleges that Davis had a conflict of interest and that he "improperly and incorrectly" advised the Board of Aldermen to reverse a decision from Dec. 11 that would have denied the permit.

The building, a project of UHF Development LLC, is to be constructed at the northwest corner of Craven and South Front streets. As proposed, the building will have retail on the bottom floor, a requirement that the aldermen placed on the project when bids were solicited. The remaining floors will have residential space.

UHF, a company with offices in New Bern and Raleigh, bid $1,050,000 on the project and was awarded the contract two years ago. The plan has been called the Talbot's project because city leaders believe that such a building would woo that retail store to the city.

The conditional-use permit for the project was approved three months ago and was issued in February, but its issuance came with controversy.

Opponents of the proposed structure say it is too tall and is not "in harmony" with the surrounding area - one of the requirements that must be met before a conditional-use permit can be granted. In January, those opponents said they did not understand why the city would reverse its earlier decision that the project failed the harmony test.

In February, Davis said he anticipated that some portion of the Talbot's project process would be litigated, but did not elaborate.

The petitioners filed their appeal of the permit decision about two weeks ago.
"We just felt like there are procedural errors and that the city's procedures need to be reviewed by a judge," said Terry Startsman, a downtown resident and one of the petitioners.
Startsman said the appeal was organized by the Preservation Legal Action Trust, which was called the Preservation Legal Action Team before its name changed last month.

"This is mainly a group of concerned residents and merchants," he said. "It's unfortunate that it had to come to this. We don't want to make a federal case out of it and we don't want to try it in the press, but we do believe that a judge needs to look at it."

The appeal filed alleges several errors in the process that led up to the issuance of a conditional-use permit.

It alleges a "lack of owner consent" to the application for the permit.

"The Board of Aldermen, as the entity in charge of city-owned property, never authorized the application for the conditional-use permit," the appeal states.

The lot where the project is to be built is still city owned. UHF intends to buy the property, but the sale cannot go forward until the permit matter is settled, according to Troy Smith, the New Bern attorney for the company.

The appeal alleges that the city failed to maintain a complete record of the hearing. The city's ordinance on records of conditional-use-permit hearings says: "A record ... shall be made by a court reporter or by electronic means. Accurate minutes shall also be kept of all such proceedings."

Davis took notes during the hearing, but it is unclear whether those notes qualify as a record made by a court reporter.

The hearing was recorded to be rebroadcast on the local-access channel Cable 10, but because of equipment failure, about an hour and 45 minutes of the hearing are missing. The portion that is missing includes the discussion about whether the Talbot's project would meet the city's harmony requirement.

Tuesday, April 8, 2008

Court Reporters In Enid, Oklahoma

Even if the Seattle Sonics relocate to Oklahoma, it can't be all that bad as obviously the judicial court system is blessed to have such a team of talented court reporters. Oklahoma and in particular Enid seems to be a wonderful place for blossoming court reporters to look for a welcome reception after graduation from court reporting school.

~ The Beagle

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The Enid [Oklahoma] News & EaglePublished: April 07, 2008

Court reporting more complex than it may appearBy Cass Rains, Staff Writer

A court reporter’s job isn’t as easy as you’d think.The five women serving the nine-county Fourth Judicial District can attest to the skills and qualities required to be a record keeper for the courts.

The women serving Alfalfa, Blaine, Dewey, Garfield, Grant, Kingfisher, Major, Woods, and Woodward County as court reporters are specially trained and certified for the duties they perform for the court.“During my time as a court reporter, we have come up against people all the time who think all we do is sit there and that it’s a piece of cake,” said Debra Vogt. “They think they can hire someone to run a recorder and do what we do —except a recorder doesn’t know when it doesn’t understand or hear something.”

Reporters are responsible for their recordings and records they create and must keep records from criminal courts for 10 years, and those from divorces for 20 years. Reporters are also responsible for each exhibit entered into evidence during a trial, which are kept in secure storage.“Our records are very important and we take our jobs very seriously, so it’s hard to bear those people who think it’s an unnecessary position,” Vogt said.

Reporters must be able to type a minimum of 200 words per minute. Using a 24-key stenograph machine, reporters take down comments and testimonies phonetically, using combinations of letters to make different sounds.“To be an effective court reporter, you have to be detail oriented and possess excellent concentration skills,” Vogt said. “You must also demonstrate a high degree of accuracy in your work. Good listening skills are essential to be a successful court reporter.”

A typical day of a hearing can result in 200 to 250 pages of written text, but between 20 to 40 percent of cases reporters cover are transcribed.Each court reporter must purchase their equipment, stenograph machines, software and paper. A new court reporter spends at least $12,000 for equipment and software.“We do buy our own equipment and it’s basically up to us to keep up with the technology,” Kelly O’Rourke said.

“Twenty-five years ago we used to dictate and use typists that typed an original and two copies using carbon paper,” Melissa Atkinson said. “Court reporters do real-time now, which is unedited translation done ‘on the fly’ or ‘writing naked.’ The live captioning you see on TV is done by court reporters.”Vogt said captioning of live television programs is done by specially trained court reporters called “broadcast captioners.”

“Federal rules require captioning of hundreds of hours of live programming each week, creating a surge in career opportunities for people with the right skills, she said.Americans with Disabilities Act requirements necessitate Communication Access Realtime Translation, or one-on-one captioning, as an aid to deaf or hard-of hearing individuals, Malatin said.

“Realtime reporters can also provide closed captioning for television programming,” she said.Oklahoma court reporters are required to be certified and most in Garfield County have obtained further certifications.

“Court reporters must be certified by the state, and in addition we all strive for and have obtained higher certification,” said Malatin.“We are required to have continuing education hours every year to maintain our certification.”Each reporter in the district is assigned to a specific judge; however, reporters can report for other judges, if needed.

The majority of Garfield County court reporters recall the changes in technologies used in their field.“When I first started working here, everyone had an IBM Selectric typewriter and absolutely no computers,” O’Rourke said. “I used a manual stenograph machine and would dictate my notes to a typist or type them myself with carbon paper.“Now I use a paperless machine, thousands of pages of notes are stored on one memory card and I have a wireless system that translates my raw steno notes from the courtroom to my computer in my office, instantaneously.”

O’Rourke said the methods of records storage have also changed.“Even sound files are stored digitally now, instead of on cassette tape, and transcripts can be e-mailed instead of mailed to attorneys out of town.”Malatin said she, too, has seen court reporting move toward a paperless process. “Now, all stenograph machines are computerized and the newest models no longer use paper,” she said.

The youngest Garfield County court reporter, Kristin O’Reilly, said she’s feels fortunate for the advances in technology.“I’ve been informed of how things were in the ‘old days’ and I feel fortunate to be working with today’s technology,” she said.Changes to court reporting are not limited to technology.

Atkinson said she’s seen changes in the Garfield County Courthouse in her 25 years as a court reporter, including the addition of online court filings and records.“We have added two full-time court reporting positions and one additional judge,” she said. “Back in 1983, the special district judge had a per diem reporter and we only had one special judge. The case load has increased dramatically since 25 years ago.”Atkinson added, “I think there is going to be a time when we have to electronically file our transcripts.”Vogt said there are worldwide opportunities for court reporters.“

A career as a court reporter is exciting and rewarding,” Vogt said. “There are excellent job opportunities anywhere in the world.”Melissa Atkinson“I liked shorthand in high school and also liked punching the keys on the cash register at Wendy’s, where I worked,” she said. “A representative from Brown Mackie College in Salina, Kan., came to my house and showed me notes from a court reporter.“To me, they just looked like a bunch of gibberish with letters that were all over the place.”Atkinson said she considered a career in law, but ended up in a position within the courts.“I also liked the idea of law but didn’t want to become a lawyer,” she said, “so I gave court reporting a try and fell in love.”

In May, Atkinson will have worked at the Garfield County Courthouse for 25 years.Atkinson said one of the more memorable cases she covered was a robbery and shooting with intent to kill trial of Shawn Detwiler and Chris Baldwin.“They were not pleased when the guilty verdict was read,” she said. “I just remember momma Baldwin yelling ‘Don’t hurt my baby,’ as they were wrestling around a bit with Chris.”

Atkinson also recalled a case early in her career when a defendant was less than cooperative with the court.“About two weeks after I first started working with James Bryant, my judge, Robert Lewis Stephenson was brought before the judge,” she said.

“As I was setting up my equipment, Mr. Stephenson was saying all sorts of off-the-wall comments to me and the prosecutor, John Proctor.“I remember John approaching me and saying, ‘Missy, I don’t think he likes us very much.’ Well, after Judge Bryant entered the courtroom and as the judge was telling Mr. Stephenson his charges, Mr. Stephenson just went off on Judge Bryant, verbally abused him down one side and up the other.”

She added: “Judge Bryant found him in direct contempt of court three times before he was forcibly removed from the courtroom. Judge Bryant liked to play the audio tape from that hearing for classes he taught.”

Atkinson was appointed to serve a five-year term on the Certified Shorthand Reporters Board, from 1997-2002, and in late 2007, was appointed again to fulfill an un-expired term until 2009.“I was talked into that by fellow CSR Board member Beth Malatin,” Atkinson said.

In the early 1990s, she served as the secretary/treasurer, vice-president, president and past-president for the Oklahoma Court Reporters Association Board. She passed her Certified Realtime Reporter exam in 1996.Originally from Maize, Kan., Atkinson is married to Lance Atkinson, and together the couple help the United Way achieve its goals.“I feel very lucky to be able to work with the judges, bailiffs, reporters and court clerks here in this courthouse,” she said.

“The reporters with whom I work are some of the most talented, sweet and pleasant ladies anyone could hope to have as co-workers.”

Beth Malatin,“I had gone to court reporting school in Kansas with Melissa Atkinson and Lori Woods,” she said. “They were employed here and called me when there was an opening.“I had never been to Enid but I came for an interview or two, met the judges, liked Enid, was offered the position and have been here ever since.”Malatin has been a court reporter in Garfield County for 24 years and works in Garfield, Kingfisher, Grant and Blaine Counties, covering small claims, divorce, criminal cases, mental health and medical malpractice hearings.Malatin is married, has two daughters and is active in her church.She said she has served on the boards for court reporting organizations, schools, church groups and local organizations.“Court reporting incorporates a lot of areas,” Malatin said. “There are officials who are employed by the state, freelance reporters who take depositions, meetings, school board hearings, et cetera.”

Kristin O’Reilly,“I became interested in court reporting while still in high school,” O’Reilly said. “One of my teachers made a comment about his brother-in-law being a court reporter in Texas and making a lot of money. That caught my attention.“Shortly after that I was in my mom’s office (who works for an attorney) highlighting portions of a transcript for her and asked who had prepared it.“When I found out a court reporter had done it, I remembered they made a lot of money. Needless to say it wasn’t as easy as it sounded or looked but I do enjoy it.”After graduation, O’Reilly took an open position at the Garfield County Courthouse.“After graduating from court reporting school, I moved to Ft. Lauderdale, Fla.,” she said. “There are no certification requirements in Florida, as there are here. Several girls I had gone to school with were going down there until they passed the certification test in Oklahoma, so I went, as well.“I lived there for eight months and while there I passed the Oklahoma CSR. I spent the summer of 2004 doing freelance work in the Oklahoma City area until I was hired here in Enid.”“I’ve been working for Judge Norman Grey for three and a half years,” she said. “I have also been traveling to Grant County to work for Judge Jack Hammontree during most of that time.”One of O’Reilly’s most memorable cases was one involving the investigation of a call-girl service in Florida.“The state attorney’s office was investigating a call-girl service and interviewing women who had worked there, past and present,” she said.“I was doing freelance work with a firm that employed several reporters and I think we all got to take a record on at least one if not more of the women that were questioned.“They had some interesting things to talk about.”Originally from South Dakota, O’Reilly attended high school in Altus.She is a member of St. Francis Xavier Church and has volunteered time working with children through the Garfield County Juvenile Office.

Kelly O’Rourke“After four years of college as a pre-law major, I decided being an attorney was probably not for me,” O’Rourke said. “I was still fascinated with the legal field, though, so I decided to check out court reporting after an attorney I worked with told me about her stepdaughter who was a court reporter.“I enrolled in the Tulsa School of Court Reporting that fall and one and a half years later was certified through the state of Oklahoma.”After school, O’Rourke returned to Enid.“I was fortunate enough to land my first job as an official right here in my hometown of Enid,” O’Rourke said. “I am still the only official court reporter that is originally from Enid.”She said about 95 percent of her work is done on criminal cases, and she may hear five to six preliminary hearings, ranging from robbery to rape to assault and battery, in a day. O’Rourke said she also reports on juvenile cases and divorce proceedings.“I have sat in on hundreds of very interesting cases, but the one that sticks out the most in my mind was a wrongful death case I did back in 1993, involving the manufacturer of a garden/lawn tractor,” O’Rourke said.“It was a three-week-long jury trial where the family of a man who was killed on a tractor that rolled over on him was suing the company who designed and manufactured the tractor,” she said. “The family was awarded millions of dollars by the jury.”Despite a language barrier, O’Rourke was still able to perform her job with the assistance of a translator.“Most of the witnesses were Japanese engineers from the tractor company who spoke little to no English,” O’Rourke said. “Their highly complex and technological testimony was handled through a translator. It’s always very challenging to work with a translator, although this lady was the best translator I have ever worked with.”However, the case and O’Rourke’s work were not done after the verdict was read.“The verdict was appealed and I transcribed the entire jury trial,” she said. “It was the largest transcript I have done to date and was more than 3,000 pages long.”O’Rourke said the spontaneity of her work the variety of cases she hears keeps her work enjoyable.“I really enjoy what I do because I never know what I’m going to be hearing from day to day,” she said. “Some days are very interesting, some not so interesting, but each day I will hear something completely different than I heard the day before, so it’s definitely varied.“Sometimes the courtroom can be quite humorous and it’s often hard not to laugh out loud at some of the things people say,” she said. “On the flip side of that, sometimes when I’m reporting a highly sad or emotional hearing it’s hard not to cry.“We really have to be very careful not to show any emotion when we are on that type of a case.”O’Rourke is married to Capt. Brian O’Rourke of the Enid Police Department, and has a daughter, Jaime, who is 11.O’Rourke was born and raised in Enid and her parents built Ladusau-Evans Funeral Home, which her father Dean Ladusau still runs today.In her spare time, O’Rourke said she enjoys working out, reading, watching movies and spending time with her husband and daughter.“When Brian and I have a rare day off together, we try to get to a casino and try our luck,” she said.

Debra VogtVogt attended court reporting school in Texas in 1987 and was hired in Garfield County after being certified as a court reporter in Oklahoma in 2006.“I’ve been in Garfield County three years to fill Judge John Michael’s court reporter position,” Vogt said. “For six months I worked with Judge Michael then he opted to retire. I then had the privilege of working with Judge Dick Pickens while he filled the judge’s bench until the governor appointed Dennis Hladik as judge.“Talk about working with the greatest of all greats.” Vogt said her time in Dallas as a freelance reporter for several years gave her a chance for some “exciting times.”“During that time, I had the opportunity to work in many places and with many attorneys and with people of all walks of life,” she said.“I recall one of my most memorable times, I traveled with an attorney to New Orleans to take the deposition of a gymnastics coach who was testifying as an expert regarding an accident of a gymnast who had received a severe neck injury during Olympic training,” Vogt said. “We took his deposition and then he took us to a Bayou crawfish eatery. It was just one of the exciting times I had.”Vogt attends World Harvest Church, where she is a Girl’s Ministry teacher, which is part of the Missionettes program, and teaches first through fifth graders. Vogt is also on the outreach serve team of World Harvest Church.“I left my family in Texas when I took this job but have never felt alone,” Vogt said. “My co-reporters and other co-workers are the best I’ve ever known. The attorneys and their staff are exceptional, also.“My church family is more than I’ve ever known, as well.”In her spare time, Vogt is learning to play golf and has been hired out as a private chef.“Enid’s got it all when it comes to people.”

Good News for Court Reporting ~ New Mexico

Sounds like New Mexico has given the nod to Court Reporters to provide the record over other technologies. Personally, I believe the best choice was made. Court Reporters provide a much better appellant record over audio/video recordings. If one has ever had the opportunity to read the transcripts from a "recorded" proceeding, the difference is immediately known with all the "inaudibles" or "indiscernibles," which can actually be more than a single word that is unclear but minutes of time.

Hats off to New Mexico ~

The Beagle


SUPREME COURT ORDER NO. 08-8500

Published April 7, 2008
IN THE SUPREME COURT OF THE STATE OF NEW MEXICO
NO. 08-8500

IN THE MATTER OF FULL TIMECERTIFIED COURT REPORTERS INTHE STATE COURTS OF NEW MEXICO ORDER ~

WHEREAS, this Court’s order issued October 30, 2001, declared a judicial policy of encouraging the use of certified court reporters in all district court trials to facilitate the preparation of written transcripts and expedite the processing of appeals, and to improve the quality of appellate review;WHEREAS, since the issuance of the October 30, 2001, order, criminal trials are being taken stenographically in most district courts;WHEREAS, no good reason continues to exist why criminal trials should not be taken stenographically in all district courts consistent with the availability of certified court reporters and technology to produce written transcripts in a timely fashion and legislative appropriations received for this purpose by this Court and the New Mexico Court of Appeals; andWHEREAS, the Chief Judges Council recommends that this Court (1) adopt a consistent rate of pay for criminal indigent appeal transcripts, (2) encourage the judiciary to continue hiring full-time certified court reporters as classified employees, (3) require district courts to notify the appellate court clerks when a first degree murder trial is scheduled in order to facilitate that a certified court reporter is available to take a stenographic record of the proceedings, (4) require the appellate courts to continue requesting legislative appropriation in order to serve as the central point of services for conversion to written format of cassette tapes and digitally recorded transcripts, for direct payment to certified court reporters for transcript preparation, and for direct payment for services of freelance certified court reporters, and (5) adopt statewide standards governing what a district court is expected to provide to a full time certified court reporter and what a full time certified court reporter is expected to provide for employment in the judiciary, and the Court having considered said recommendation and being sufficiently advised, Chief Justice Edward L. Chávez, Justice Patricio M. Serna, Justice Petra Jimenez Maes, Justice Richard C. Bosson, and Justice Charles W. Daniels concurring;NOW, THEREFORE, IT IS ORDERED that in all district courts, certified court reporters, to the extent available, shall take all trials stenographically. Court reporters shall be pooled, if necessary, within a judicial district so as to be available for all trials. Whenever a district judge or a court monitor retires or otherwise terminates employment or whenever a new judicial position is created, the court administrator shall request reclassification of the court monitor position to a classified certified court reporter position in order for recruitment and eventual hire of a classified certified court reporter. Any request for reclassification shall be made during the fiscal year in which the vacancy occurs, subject to the availability of funds, and shall comply with Judicial Branch Personnel Rule 2.06. In the event a judicial district can demonstrate that all reasonable measures taken to recruit and employ certified court reporters have been unsuccessful, an exception to this policy may be granted on a case by case basis;IT IS FURTHER ORDERED that, consistent with this Court’s adoption of the Implementation Plan and Schedule whereby in 2001 the use of audio-tape monitors would be largely phased out, to the extent possible, written transcripts should be provided in a timely, efficient manner in all appealed cases, whether criminal or civil;IT IS FURTHER ORDERED that, pursuant to Rule 22-207 NMRA, the rate of pay for preparation of all criminal indigent appeal transcripts shall be $2.50 per page;IT IS FURTHER ORDERED that district courts continue to hire full time certified court reporters as classified employees;IT IS FURTHER ORDERED that, if the district court is unable to provide a court reporter, the district court clerk shall notify the appellate court clerks when a first degree murder trial is scheduled in order to facilitate that a court reporter is available to take a stenographic record of the proceedings;IT IS FURTHER ORDERED that the appellate courts shall continue to request sufficient legislative appropriation to pay for conversion to written transcripts of taped or digitally recorded proceedings, to pay court reporters for transcript preparation, and to pay for services of freelance court reporters to take a stenographic record of first degree murder cases when the district court is unable to provide a court reporter;IT IS FURTHER ORDERED that, as provided by Rules 22-206 and 22-209 NMRA, the following statewide standards governing what a district court is expected to provide to a full time certified court reporter and what a full time certified court reporter is expected to provide for employment in the judiciary hereby are ADOPTED:(1) The district court shall provide office space, standard office supplies, telephone, transcription supplies to include disks/CDs and stenographic paper, access to a copier for copying transcripts, copy paper for copying indigent criminal transcripts, training to include educational leave for obtaining mandatory continuing education credits and one other education request per fiscal year so long as the court is budgeted for such costs, and statewide training for all full-time certified court reporters to further standardize transcript production and format;
(2) The district court shall standardize the process of how and where all reporter notes are stored on network servers and shall work with the Judicial Information Division to implement statewide storage and archival procedures of stenographic notes;
(3) The district court shall provide production software, such as Pro CAT and StenoCAT, for example, to include software application, license, updates, and training. The district courts are encouraged to standardize the software application statewide to permit uniform and efficient training, production, storage, and archiving of reporter notes; and
(4) The full time certified court reporter shall provide the stenographic writer and any maintenance thereto, a personal computer for production of transcripts, and binding supplies for transcripts.
IT IS SO ORDERED.DONE at Santa Fe, New Mexico, this 27th day of March , 2008.
______________/s/____________________Chief Justice Edward L. Chávez
______________/s/____________________Justice Patricio M. Serna
______________/s/____________________Justice Petra Jimenez Maes
______________/s/____________________Justice Richard C. Bosson
______________/s/____________________Justice Charles W. Daniels

Tuesday, April 1, 2008

Court Reporter Opportunities Abound

COURT REPORTER JOBS SECURE INTO THE FORESEEABLE FUTURE

It looks like the future of the Court Reporting Profession may be just beginning to take off. High predictions and shortages of skilled professionals are creating high paid careers and will seemingly be on the rise for the foreseeable future according to the article enclosed below which was released by the National Court Reporters Association.

If you're looking for a job that would at first glance offer financial rewards while providing an opportunity to be involved in the legal field, this certainly could be your ticket.

My research indicates that virtually every state has a qualified educational institution in which potential candidates can look at the programs offered. However, I have been warned that this is not something that just anyone can do so take the time to thoroughly review the criteria and educational requirements.

~ The Beagle

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PRESS RELEASE ~ National Court Reporters Association

WASHINGTON, April 1, 2008 /PRNewswire-USNewswire/ --

For the first time ever, employment prospects in the court reporting profession have been projected by the federal government to grow "much faster than average," reflecting "excellent" job opportunities "as job openings continue to outnumber jobseekers," the National Court Reporters Association (NCRA) said today.

Ironically, the government's estimate comes at a time when NCRA said the number of schools taking part in its certification programs and their graduates have steadily declined over the decade.

Almost 1,000 students graduated from more than 100 NCRA-certified schools in 1996. Ten years later, NCRA said only 62 certified programs across the U.S. graduated fewer than 360 court reporters.The "Occupational Outlook Handbook 2008-2009," recently released by the federal Bureau of Labor Statistics (BLS), said court reporter employment will grow by 25 percent through 2016, because of "increasing numbers of civil and criminal cases" coupled with federal telecommunications legislation that requires television captioning and the increasing demand for real-time communication access for people who are deaf and hard of hearing under the American with Disabilities Act.

In recent speeches, U.S. Labor Secretary Elaine Chao said with the country transitioning to a knowledge-based economy, workers with higher skills "are being paid a premium," while she said the strongest demand is for workers "in technical occupations." Her words are borne out by the BLS projection for court reporting and by a 2006 NCRA survey that determined an average net income after expenses of $65,242 for freelance (deposition) reporters and $72,072 for court reporters who work for local, state or federal courts and agencies.

"Our efforts to increase the number of court reporters and training opportunities are beginning to pay off," says Mark Golden, CAE, NCRA's executive director. "Last year, nine new schools opened to teach court reporting, while maintaining high performance standards and a challenging academic curriculum.

Yet we still have a long way to go before the supply even starts to meet the demand."Golden noted that the training is challenging. "It demands a great deal of practice to develop skills of dexterity and concentration," he says, "but for those who become guardians of the record and providers of communication access, the rewards and sense of making a real contribution make it all worthwhile."To further meet the future need for court reporters, NCRA is reaching out to potential students at http://www.bestfuture.com/.

In addition, legislation now before Congress calls for competitive grants to train captioners and reporters who specialize in realtime and Communication Access Realtime Translation. CART provides an immediate translation of all spoken words and environmental sounds in academic, civic, religious or cultural events for people who are deaf, have hearing loss or are learning English as a second language.

NCRA, a 23,000-member nonprofit organization, represents the judicial reporting and captioning professions. Members include official court reporters, deposition reporters, broadcast captioners, providers of realtime communication access services for deaf and hard-of-hearing people and others who capture and convert the spoken word into information bases and readable formats.

For information, visit http://www.ncraonline.org/. National Court Reporters Association