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