Monday, December 29, 2008

Court Reporting & The Perfect Transcript

COURT REPORTING and the PERFECT TRANSCRIPT

If it exists, we all search for it, the perfect transcript is like Mona Lisa’s smile. Perfect in every way.

Free from all error. No misspeaks. Run on sentences are completely absent. The answer waits patiently for the question.

Numbers are eloquently spoken as though soft rain falling on leaves. Complex medical terms are thoughtfully spelled out by the medical professionals.

Names and addresses are provided on a slip of paper for correctness. Thoughtful attorneys ask if you need a glass of water or perhaps a stretch break.

When the clock strikes 12:00 Noon and you suggest a lunch break, you are recognized as a person; one who has normal needs. Even though they’ve been drinking water and steaming cups of coffee while you’ve been dutifully taking down every word.

When the end of the day rolls in, they all look to you and ask if it would be okay if you would get the transcript to them in a couple of weeks and they would all enjoy a copy with a thorough listing of all the extras.

You smile and say, “No, problem, I can get that to you whenever you please.”

They ask if you need help in putting away your equipment, assistance to the elevator, a final cold bottle of water to take along.

This something we all wish for but very rarely ever encounter.

~ The Beagle

Sunday, December 28, 2008

The Court Reporting Industry Could Learn From This Simple Lesson!







The Mouse Story with a Moral!

A mouse looked through the crack in the wall to
see the farmer and his wife open a package.

What food might this contain?'

The mouse wondered …

He was devastated to discover it was a mousetrap.

Retreating to the farmyard, the mouse proclaimed
the warning:

’There is a mousetrap in the house!
There is a mousetrap in the house!’

The chicken clucked and scratched, raised her head
and said,’Mr. Mouse, I can tell this is a grave concern
to you, but it is of no consequence to me. I cannot
be bothered by it.’

The mouse turned to the pig and told him,
’There is a mousetrap in the house!
There is a mousetrap in the house!’

The pig sympathized, but said, ‘I am
so very sorry, Mr. Mouse, but there is
nothing I can do about it but pray.
Be assured you are in my prayers.’

The mouse turned to the cow and said
’There is a mousetrap in the house!
There is a mousetrap in the house!’

The cow said, ‘Wow, Mr. Mouse.
I'm sorry for you, but it's no skin off
my nose.’

So, the mouse returned to the
house, head down and dejected, to face
the farmer's mousetrap ...alone.

That very night a sound was heard
throughout the house -- like the sound of
a mousetrap catching its prey.

The farmer's wife rushed to see what
was caught.

In the darkness, she did not see it was a venomous
snake whose tail the trap had caught.

The snake bit the farmer's wife.

The farmer rushed her to the hospital ,
and she returned home with a fever.

Everyone knows you treat a fever,
with fresh chicken soup...

So the farmer took his hatchet to
the farmyard for the soup's main
ingredient.

But his wife's sickness continued, so friends
and neighbors came to sit with her around
the clock.

To feed them, the farmer butchered the pig.

The farmer's wife did not get well; she died.

So many people came for her funeral,
the farmer had the cow slaughtered to
provide enough meat for all of them.

The mouse looked upon it all from his crack in
the wall with great sadness.

So, the next time you hear someone
is facing a problem and think it doesn't
concern you, remember ---

When one of us is threatened, we are all at risk.

We are all involved in this journey called life.

We must keep an eye outfor one another and
make an extra effort to encourage one another.

REMEMBER. . . .EACH OF US IS A VITAL THREAD
IN ANOTHER PERSON'S TAPESTRY;
OUR LIVES ARE WOVEN TOGETHER FOR A REASON.

One of the best things to hold onto in this world is
a FRIEND.

Have a great week and be good to yourself!

Saturday, December 27, 2008

So You Want To Be A Court Reporter?

If you’ve ever longed for a career in legal, consider a career as a court reporter. Becoming a Court Reporter requires certain skills and attributes in order to succeed. Although some of these skills can be learned, if you are considering a career in Court Reporting, you should:

• Have strong English skills
• Have the ability to stay focused and concentrate for long periods of time
• Enjoy and be comfortable with technology and have the ability to learn advanced skills
• Have good keyboarding skills
• Have the ability to work under pressure and meet deadlines
• Be an audio learner – Reporters spend a great deal of time listening
• Be able to tune out background noise and get in your zone

The educational requirements to become a court reporter vary with the specialties and the type of reporting you want to pursue. You can become a novice voice writer within about a year, but a real-time stenotypist requires around three years of training. And the more experience you gain, the higher pay you will make along with working in higher profile court cases.

Court reporter training is offered by, vocational schools, technical schools, and colleges. There are many types and levels of court reporter certification, depending on the specialty chosen.

The National Court Reporters Association or NCRA and other certified programs require students to complete an approved preset curriculum, prior to being eligible to take the certification exam.

To graduate, students typically will need a machine shorthand speed of 225 words per minute or higher. The exam tests written knowledge, speed, and accuracy.

In some states, a state certification is required, which means you will need to take the exam offered by the state. Otherwise, in order to be certified, you need to take the certification exam offered by the NCRA. You should check to see what your state and the Federal Government requires in the line of education and certification for your desired specialty.

In order to maintain the certification, reporters must earn 3.0 continuing education units (CEU) every three years. One CEU equals 10 hours of additional instruction. CEU’s may be lectures, classes, or other educational experiences approved by the NCRA.

Membership with the National Court Reporters Association is an organization every student should consider. They offer an abundance of information to their members and have a reduced fee for students.

Court reporting is an exciting career. You will work alongside attorneys, judges and other legal staff in a courtroom setting. The career opportunities are good and the outlook for a position as a court reporter is growing as legal proceedings are not going to be cut back anytime soon.

If you’re interested in working in a legal career, but the thought of years of school to become an attorney sounds like to much to you, then consider a career as a court reporter. You’ll be where the action is at. In addition, the pay is excellent and the opportunities are growing every year.

Do you need statistics on court reporter salaries? Check-out the stats and facts available at http://www.careertoolkits.com

Wednesday, December 24, 2008

Stentura 8000 For Sale - Great Value

Providing fast, reliable service for court reporters!

For Sale ~ Stentura 8000

$1,250, shipping extra

Good, reliable machine. Has been serviced — comes with tripod, soft carrying case, paper tray, battery, charger, realtime cable and manual.

Good writer. Reporter has upgraded to a Mira.

Contact OTEC ~ Call, 206.284.7492 or email catadyer@oteconline.com with your questions.

Sunday, December 14, 2008

Court Reporter Julie Ann Brandau - Killer Gets Life Sentence

He had overpowered a sheriff's deputy and took her gun before proceeding to the courtroom of Judge Rowland Barnes, killing him and court reporter Julie Ann Brandau. Sgt. Hoyt Teasley chased Nichols to outside the courthouse, where Nichols eventually killed a federal agent in an Atlanta neighborhood. Nichols had been on trial for rape in 2005 when he grabbed a guard's gun and fatally shot those in the courtroom.

Now Brian Nichols, 37, was found guilty last month of murdering those people. Superior Court Judge James Bodiford sentenced confessed courthouse murderer Brian Nichols to life without parole for the 2005 murders of a judge, court reporter, sheriff’s deputy and federal agent.

In his own words, he said it's not his DNA to stay in jail, which is what he has to look forward to the rest of his life," said Christina Greenway, daughter of slain court reporter Julie Ann Brandau. "I'm not disappointed and I have no regrets."

Perhaps for those considering Mr. Nichols for parole later on, Judge Bodiford said, "Do not trust Mr. Nichols ever again. Ever again. Because he cannot be trusted."

Justice has been served once again, says the Beagle, even though the jury could have possibly returned a harsher judgment for the terrible deeds committed by a person who took those people away permanently from their families.

~ The Beagle

Sunday, November 30, 2008

Pacific Northwest Court Reporter Combined Convention

WASHINGTON, OREGON, IDAHO & MAYBE MONTANA COMBINED COURT REPORTER CONVENTION

Seattle, WA. This information was relayed to the Beagle that a possible four-state court reporter association combined convention is being planned for Hood River, Oregon, which is situated along the Columbia River.

Word has it that the dates are October 2, 3 and 4, which by my calendar is the first Friday, Saturday and Sunday of the month. I've been to Hood River over the years and I know that the weather should be stunning and as I recall that time of the year the local apple harvest should be fully underway.

Keep looking here for more information regarding this event.

~ The Beagle

Saturday, November 29, 2008

Seattle Washington Court Reporter

Roger G. Flygare & Associates, Inc., Professional Court Reporters, Legal Video and Transcriptionists.

Federal Way, WA ~ November 28, 2008. Roger Flygare states that court reporting requests have increased over the past year and expects that to be a continuing trend. He also stated that the use of video conferencing has also increased due largely to the increased costs of travel.

Courthouses in Washington, especially the lower courts and family courts, have turned to using audio recording and to a limited amount in superior courts of Washington. Mr. Flygare said in his experience thus far that the quality isn't all that great and that there are a lot of inaudibles or undeciferables because of poor microphone reception. He noted that some states have jettisoned that practice and have started hiring more certified court reporters.

He relayed a story concerning a video trial in which a long-time client of his turned to Flygare & Associates for advice. Mr. Flygare informed the lawyer that the particular courtroom the trial was going to held in was a videotaped courtroom and that if the lawyer felt that this case may go up to the Court of Appeals that he should consider hiring one of their real-time reporters, which they ultimately followed his advice and hired a real-time reporter for the duration of the trial.

It turned out to be a very wise choice in that the audio portion of the videotaped trial failed for a number of days before it was discovered that a microphone wasn't working properly and ultimately they had to turn to the court reporter to provide a complete record in which to appeal to a higher court.

In the Beagle's blog, you can see there are a number of such failures in courthouses across the country and I think it would be an intelligent and informed idea to consult with a local court reporting agency if you have an important trial coming up down the road.

It's the Beagle's thought, though, that all trials are important...sort of a "caveat emptor" for the trial lawyer.

May the gavel fall your direction ~ The Beagle

Sunday, November 23, 2008

Longtime court reporter of the Illinois Judicial System Past Away

Longtime court employee dies at 87

MUSKEGON -- A longtime Muskegon County 60th District Court recorder and judicial secretary has died.

Mona-Eileen Byrnes died Monday at age 87.

Byrnes had a long history with local courts. She was employed as the registrar of Muskegon County Juvenile Court and later worked in several law offices and in various capacities for district court, including court reporter and judicial secretary from 1969 until her retirement in 1983.

She was a graduate of Muskegon High School and later enlisted in the USN WAVES, a World War II-era division of the U.S. Navy that consisted entirely of women.

She attended boot camp at Hunter's College in New York, graduated from Chicago School of Aviation Instruments and was stationed at Alameda Naval Air Station in California.

In addition to her court experience, Byrnes owned and operated a transcription service, Gal Friday, for 54 years out of her home. She was also a two-term president for Catholic War Vets Post 843 Auxiliary.

She is survived by five children and her husband of 62 years, Thomas J. Byrnes, Sr.
A funeral service took place on Friday in Oviedo, Fla., where she lived at the time of her death.

Colorado Court Reporter School Now Open

Colorado Tech To Offer Court Reporter Degree

People worried about their jobs in this tight economy may want to bring their resumes to the judge's chambers. Courtrooms across country are scrambling to fill openings as court reporters.

Colorado Technical University will soon offer classes to those interested in the field. Court reporters have a front row seat to the legal system. They put every word spoken in court onto the printed page as part of the official transcript. It's a demanding job that's in more demand than ever before.

"They're taking several hundred words a minute and they have to take it 100-percent accurately and obviously they have to be totally focused on what is at hand," Chief Justice of the South Dakota Supreme Court David Gilbertson said.Many schools quit teaching court reporting thinking technology would eventually replace the position.

But recording legal proceedings electronically runs the risk of technical glitches, so the human touch will always be needed. "I would compare it to an auto mechanic. Fifty years ago, auto mechanics fixed your car, even though technology changed the way cars are repaired.

Today, you still need that auto mechanic, you can't have a machine fix your car," Gilbertson said.

Court reporters can earn $35,000 a year just starting out. Plus, thousands more in transcript fees. But job security might be the biggest perk of all.

"Right now, we have economic problems, but there's no court reporters being laid off. They're still getting paid," Gilbertson said.Until now, the closest schools offering court reporting classes is in Anoka, Minnesota and Green River Community College in Auburn, Washington with classes beginning January 2009. Colorado Tech in Sioux Falls begins its classes in January 2009 for two- and four-year degrees.

COURT REPORTERS FEES ADDED ON IN COST RECOVERY FOR EXPENSIVE TRIALS

PROSECUTORS ARE BECOMING COLLECTION AGENTS IN RETRIEVING THE COSTS FOR TRIALS...

THE BEAGLE HAS LEARNED THROUGH BLOGS ON THE INTERNET THAT it appears that financially strapped prosecutors are approaching judges with a novel concept whereby they are ordering defendants to pay for excessive investigative and prosecutorial costs.

That's what Wayne County Prosecutor Kim Worthy did during the recent sentencing hearing of former Detroit Mayor Kwame Kilpatrick, jailed for 120 days as well as ordered to pay a cool $1,000,000 in restitution in his conviction of obstruction of justice.

Evidently, Kilpatrick had lied about an affair, which was later revealed in text messages, during a whistleblower trial that cost the city $8.4 million.

During the sentencing phase of the trial, Prosecutor Worthy asked the judge to order Kilpatrick to pay another $22,186 to cover services that were unique to his case: digital evidence consultants with text-messaging expertise, extra court reporters, transcript costs and new locks on doors to secure certain offices.

"These things were completely unique to the Kilpatrick case," said Assistant Wayne County Prosecutor Maria Miller. "We're facing very tough economic times ... and, where the law allows us to ask for reimbursement, we will."

The judge in the trial, however, denied the request noting that he had never before in his career had a prosecutor make such a request.

A TREND IN RECOUPING 'UNUSUAL' COSTS

It seems as though prosecutors in Ohio, California and Rhode Island have made similar requests. And they should continue to do so, said Tom Sneddon, interim executive director of the National District Attorneys Association and the former district attorney in Santa Barbara County, Calif. "Where there is an opportunity and there is an unusual case, if you can recoup costs, then you should," said Sneddon, who himself has secured reimbursement from defendants in cases involving embezzlement and catastrophic grass fires.

In the grand scheme of costs related to prosecution, the prosecutors' investigative costs are different from the court costs that are levied in most criminal cases, such as processing fees, filing fees, attorney fee reimbursement for defense counsel and mandatory crime-victim fees, which are ordered where there is a conviction. NDAA Director Sneddon explained that defendants can be ordered to reimburse the government for investigative costs as part of a plea agreement or as a condition of probation.

He said that cases involving consumer protection, the environment or major embezzlement typically are where prosecutors might seek reimbursement for extraordinary expenses, like audit services or digital evidence analysis.

"This clearly -- let's say within the last five to seven years -- has become used more often than before," Sneddon said.

National Association of Criminal Defense Lawyers spokesperson, Jack King doubts there will be much luck in recouping costs from defendants, no matter how hard-pressed financially they may have become. "I understand that argument -- all government agencies face some belt-tightening," King said. "But the remedy of making the defendant pay for his own investigation and prosecution has been held a nonstarter. It's been tried before in the federal courts and shot down by several courts of appeal."

It happened earlier in Ohio this year: Prosecutors tried to recoup costs in a public corruption case, but an appeals court ruled against them in May. The case involved a former state representative who entered a no-contest plea to failing to disclose the source of a gift in excess of $75. A municipal court judge ordered her to pay $2,025 in costs associated with prosecuting the case, but the appeals court reversed the ruling, holding that "ordering a defendant to pay the costs of the prosecuting attorney is a novel concept in Ohio." Ohio v. Perez, No. 2008-Ohio-2308.

Not only novel, but troubling, said attorney Barry E. Savage, who represented the defendant in the Ohio case. He doesn't believe that defendants should have to pay for a prosecutor's investigative bill.

"The first time I heard about it I said, 'Where did they come up with this? This is not part of the agreement,' " Savage said. He argued that prosecutors recouping costs for handling a case is not allowed by statute. "A defendant has got to be protected from judges and prosecutors ordering them to pay for things that they are not obligated to pay. It's that simple."

The 1st U.S. Circuit Court of Appeals made a similar ruling in 2006, when it ruled in favor of a former mayor of Providence, R.I., who was convicted of perjury and criminal contempt and had been ordered to pay $152,000 for the costs of the investigation of his crimes. U.S. v. Bevilacqua, No. 05-2390 (1st Cir.).

Saturday, November 8, 2008

National Campaigns For the President of the United States - from a Beagle's view

The campaigns have closed. It is evident from speaking with my Republican (GOP) friends that they felt short changed in the outcome of their candidate. The Democrats are a bit more elated.

Senator McCain certainly would have done himself a lot more good in the eyes of the block of voters who make up the very large sector of people who are neither far right or far left, those folks who are usually called liberal conservatives if they are Republicans and conservative liberals if they are Democrats, if he would have selected a different candidate for his VP nomination. Not that Governor Palin isn't a decent person, please don't think the Beagle thinks otherwise. No, it's just that if he would have selected Mit Romney, a candidate for the nomination of president GOP or Kathleen Sebelius, Governor of the Great State of Kansas, I think he would have had a better opportunity to draw from that portion of the Republicans that more than likely voted Democratic.

I think I can safely say we the voters would have had a much better choice and would have seen a higher profile in the campaign. I was very disappointed to see all the chatter about clothing, shoes, someone's receipt for lunch, someone's fabricated story about anything regarding either candidate.

The voting public deserve better than that. They are the people who diligently pay their hard earned money into the tax base to support all the programs that the federal government provides. It isn't about the one percenters, those folks who are lucky enough to earn more than $250,000 a year. It's about the one's who pay nearly 30 percent in taxes or more. Have children in school, K1 through those formative years in college (where the buck really hits home).

Those people need better choices. Those people need our leaders to make better choices. Our country needs better options to select from. Our country needs to rid itself of the shackles of dissention amongst ourselves.

We simply need to be united so that we as fellow countrymen can put our country back on track and ready for the future.

For all of those who participated by voting in this election, thank you for making the choices you did. For those whose candidate didn't succeed, don't give up. For those whose candidate did succeed, congratulations.

Now comes the hard work ~

Sunday, November 2, 2008

Court Reporter Washington State

Court Reporter in Washington State provides more than court reporting ~

When it comes to having the best technology for your video conferencing, then you don’t have to look any further than Roger G. Flygare & Associates, Inc.

As leading Washington State court reporters, they’ve been servicing the Seattle and Tacoma region for nearly 30 years.

With their Flygare Electronic Transcripts and Video Conference Room, they offer every service you’ll need from your court reporter and they have the experience and can additionally provide you with RealLegal compatibility. They can also provide you with legal videography services, legal transcription services, process service, and notary public service.

Check out all of their services on their website, give them a call, and I’m sure you’ll have found the only court reporters you’ll ever use again.

Sunday, October 26, 2008

Court Reporters - Washington & Oregon Joint Convention Planned for 2009 at Hood River, Oregon

OREGON & WASHINGTON COURT REPORTER CONVENTIONS - October 2008

Over the past two weekends, the Oregon and Washington Court Reporters held their fall convention and education seminars. The Oregon reporters selected the beautiful city of Newport, Oregon to host their function; while the Washington reporters went for a strategic location in Tacoma, Washington.

Oregon's convention was well attended, with approximately 80 working court reporters and other associated members and vendors showing up to enjoy the ambiance of the beach community while being provided with multiple educational seminars to choose from to help meet their CEU requirements.

Washington's convention with its jammed packed agenda drew in the neighborhood of 60 members and a great selection of vendors present.

While Oregon's convention seemed more oriented to bringing a sense of fun to the event, Washington's on the other hand was a bit more directed toward legislative issues and a sense of a five-year strategic plan for the future of court reporting in the State of Washington. Both organizations installed their duly elected officers for the coming year.

Both state organizations are working together to bring their conventions into Hood River, Oregon for a joint organizational convention, which is something they put together approximately four years ago with great success.

The planned event is tentatively scheduled for October 2, 3, and 4, 2009 with the event being hosted at the Hood River Best Western Inn.

The Beagle hopes to see you there...be sure to look out for my paw prints :o)

~ the Beagle

Sunday, July 13, 2008

Questions posed to NCRA VP candidates...read these responses!

COURT REPORTER & COMMUNITY ANSWERS

The following are 10 questions that were posed to the two candidates for VP. Here are what members of an impromtu panel provided as answers to those same questions. The panel members aren't necessarily court reporters and their names have been changed to protect their identity.

1. What role do you expect technology to play in our profession over the next three, five and ten years?

TED: Technology has gone from pen and paper to computer in a matter of less than 50 years. The evolvement of the first CAT programs to where they stand today has really happened since 1990. Typical advancements seemingly took a period of five years to implement; now they improve yearly with constant rollouts of better or new technology. To think that technology will play a little or nearly no in the future of this profession would be unimaginable. It's what drives the industry today. It seems to me that it's more the ability to move the advances into the end user commuity (lawyers) that presents the bigger challenge.

2. What leadership skills do you feel are important to fill the position of NCRA’s V.P. or board member? What leadership skills do you feel are your strongest and your weakest? (Answer this question in regards to the board position you are campaigning for only.)

ALICE: Depending up what the duties of the various positions are it would seem that the important skills are probably more attributes: Honesty, the ability to communicate effectively, and hopefully an interest in motivating people in an achievable avenue of endeavor that betters the profession.

3. How is the practice of incentive gift-giving, contracting and discount pricing affecting, first, the firm owner; second, the freelance reporter and, third, the consumer litigant?

DAVID: This is a tough one for me. I guess I would be considered a consumer or unknowing participant in this activity. I guess my costs would be higher if these types of activities are condoned by my lawyer and/or the law firm that I use in representing me in litigation. As someone who has to toe the line for ethical behavior in another profession, I can see this as an issue that transends the whole process and brings into question impartiality. Impartialility is what I see as the cornerstone of what a court reporter provides to the process. Who else can I depend on in these circumstances to know that my right to a fair, impartial process isn't being impugned by what I can only describe as bribery?

4. What do you feel are the five most important accomplishments that NCRA has achieved over the last several years? Why do these five accomplishments rise to the level of most important in your mind?

ROBERT: I am a court reporter and I think the five most important accomplishments/achievements by NCRA are really fairly simple to list. First of all, their effective role in reaching out to the US Congress would be on the top of the list. Second, would be their involvment, as limited as it seems to be, with helping the various state associations with the issues they are experiencing. Thirdly, providing all those wonderful educational opportunities. Fourthly, the annual gatherings. And, lastly, with the advent of the Internet, the accessibility of information, after all it is the age of information, and I think they do a fairly decent job in providing an abundance of topics for us to consider.

5. How do you feel NCRA can best serve its members?

TED: One of the things that I feel important from organizations such as NCRA should provide its membership is an opportunity to continue to grow and learn. So, with that in mind, I would hope that education be in the forefront of our leadership's thought process.

6. How do you differentiate the inclusion of other methods of speech-to-text modes of the verbatim record into our profession today as compared to that which happened when Gregg and Pitman writers experienced the threat of Stenograph writers entering their profession?

ROBERT: If the question is asking, "Shall we consider those methodologies as potential members to NCRA," I believe my answer is I am not really in favor of that.

If the question is, "Do I feel threatened by those methods of making the record," my answer is no. I am a professional in my legal community.

If we had the ability to look backward and see what happened to the Gregg & Pitman writers experienced through their careers then that might provide me with a better understanding of how their businesses either continued or failed.

At this point, I don't see my clients calling someone who is a "digital" reporter to do what they've grown to know is the type of service I provide.

7. Using 2010 as a reference point in time, what do you see as NCRA's biggest struggle moving into the next decade? How do your foresee NCRA members, state leadership and vendors partnering with NCRA to address these struggles?

TED: As a member of the Elks Club, I've experienced what I hear NCRA is struggling with and that is declining membership. One of my panel members mentioned to me that NCRA is losing members at the rate of more than 1000 per year and this has gone on for over 10 years to date. If that is true and based on the number of members, then the organization is headed for a doomsday scenario if those numbers cannot be reversed.

Thinking outside the box is needed in most cases. Perhaps trying to find a solution from within rather than outside the organization. Or vice versa. What is it that attracts and keeps current members? The Elks Club was an exclusive men's organization; today not so. Maybe if NCRA created a level of participation that allowed a lower threshold to be able to enjoy the same benefits that enjoyed by the officers of the organization. I believe Robert mentioned to me something about having to hold a particular certification to hold office. Maybe removing that barrier would get more people involved. Like I said, creative thinking is needed to slow the bleeding and get an organization healed.

Organizations need two key elemens to truly be successful: Members and money. The rest is merely frosting on the cake!

8. What do you feel is NCRA’s role as regards to court reporting schools, their curriculum, and NCRA’s relationship with the individual student?

ALICE: Having been a school teacher in the public school system, in this regard, NCRA, since it sanctions schools, is sort of like what we call the Superintendent of Schools. NCRA needs to help those schools stay current with market trends as far as what classes are being offered. In talking to the reporter member of this panel, I do not get the flavor that the classes offered seem to take on the actual duties of a court reporter but more the basics, learning how to use the machine that is used and the computer software that is associated therewith. I would hope that a more rounded approach is provided in that regard from the realms of NCRA.

9. Do you feel NCRA should be more transparent in their governance of the profession? If yes, what do you propose as a solution?

DAVID: When reading the question it forces me to think that there might be two answers or preconceived notions. One no and the other yes. But yet only the yes answer is sought to be illustrative. In my impression, this is a question that needs to be better asked to get a more thorough understanding of the problem because it implies there is a problem with transparency.

10. What is your plan to build membership and member participation in NCRA’s activities?

TED: I will try to field the answer to this question as it seems to be a bit repetitive of my previous answer and actually I would defer to that same answer to begin with but with any national group the leadership actually has to make connections with say your local community organizations and really get involved with helping bring resolve to issues that are real for them. With that participation, I can only imagine that the word would spread like wild fire and generate a lot of interest in NCRA.

National Court Reporters Association - Annual Convention 2008 - San Diego, CA

July 2008 ~ National Court Reporters Association ~ Annual Convention, San Diego, CA

The annual convention for NCRA will be a historic event. It's leadership will be elected via the Internet and it's the only way its members will be able to cast a vote for the candidates who are running for the various offices that are being vacated or perhaps running to retain their seat at the table.

As an interested party in this association, it is clear to me that there are qualified candidates and then those who are perhaps less so qualified. The distinction is somewhat blurred for those who are not necessarily familiar with the candidates.

In reading the various bios and literature that is being bandied about in support of one candidate over another, it is becoming quite clear to me that the candidate that I would possibly vote for will be from a state that has laws on its books to help preserve and protect the profession. If you take the time to read the laws for the states of California and Texas, you will read considerable information about the hard work those states have put into play in helping make this profession viable for the present and into the future. I would suggest that you also look at the laws in the states of the candidates from other states to see how they are governed and how those particular candidates will more likely than not perform at the national level in the interests of the profession.

I will be adding more to this post as thoughts come to me so please follow up and check back as new and interesting information is being posted up for your reading pleasure.

~ The Beagle

Friday, May 30, 2008

Court Reporter - Sad Sad Story

Man accused of aggravated sexual assault of a childUpdated: 5/27/2008 9:17 PMBy: News 8 Austin Staff

Billy Dan Carroll is being held on a $2 million bond.

Billy Dan Carroll, 53, is being held on a $2 million bond in connection with the aggravated sexual assault of a child.

Police said they were called to his house in northwest Austin on Sunday, May 18.
An 8-year-old girl told police that Carroll sexually assaulted her at his home while she was spending the night at his house.
Carroll was arrested and charged with aggravated sexual assault of a child which is a first degree felony.

Billy CarrollNews 8's Reagan Hackleman shares more information about the case. 'Worst case'One Austin police officer says the child abuse case is the worst he's seen in 22 years.
Police said he met the 8-year-old girl through his volunteer work with at-risk children at Court Appointed Special Advocates (CASA).

A CASA representative said the organization went through the same background checks and screening procedures with Carroll as with all volunteers and until news of his arrest had "no cause for concern."

One Austin police officer said the child abuse case against the local businessman is the worst he's seen in 22 years. "The graphic depictions that I've seen through the video and different children, um, I've not seen anything like that,” Austin Police Sgt. Brian Loyd said. “This is going to be one for the books for us."

Police said they believe there are additional victims and they need the public's help to locate them. Police said they believe there are five other children and two adults involved in this abuse case.

Police said six of Carroll's victims range in age from 3-15 years of age.

Carroll is a co-founder of Fredericks-Carroll Reporting and Litigation Services, Inc., a court reporting and litigation support firm in Austin.

Company co-founder, Bill Fredericks released the following statement:
"It goes without saying that those of us at Fredericks-Carroll are shocked and saddened by the news. Our company was certainly not aware of any of the allegations underlying Mr. Carroll's arrest and we condemn any criminal behavior that may have occurred, particularly in light of the fact that the allegation involves a child."

Police said the bond is set much higher than most cases of the same nature as Carroll is an affluent man and could potentially try to leave the country.

If convicted, he could face 5-99 years in prison.

Anyone with information should call the child abuse unit at (512) 974-6880.

"Big Brother" in courtroom

Sure enough, if it can happen it most probably will. Here is a fine example of it has. Another reason that these recording systems violate a lot of civil rights besides being an inferior system.

~ The Beagle


"Big Brother" in courtroom
« on: Today at 03:56:12 AM »
QUEENSLAND police are trying to access recordings of private courtroom conversations between lawyers and their clients to gather additional evidence.Shocked lawyers say the bid, which takes advantage of a new constantly active digital court reporting system, raises serious privacy and confidentiality issues.The Courier-Mail has discovered that police have already been provided with one so-called "passive recording" of a private conversation in a Magistrate's Court last year.According to the Justice Department, another police request is under consideration and relates to a conversation during an adjournment that contained an alleged threat.Attorney-General Kerry Shine immediately ordered a review of the issue, while Queensland Law Society president Megan Mahon said the society, on the face of information available, was "very concerned".Quoted From -http://www.news.com.au/couriermail/story/0,23739,23779630-3102,00.html

Friday, May 23, 2008

A Court Reporter And Their Brains!

A Court Reporter Has Brains And Much, Much More!

As a practicing court reporter once told me, there is nothing on the planet like the highly skilled court reporter. In the great country of China, court reporters can go on to become judges in their judicial system. Many other countries acknowledge the prowness and mental agility of their court reporters by allowing them to participate in many different venues. What is the good ole USA doing to these very important people that make up our judicial system, fire them and replace them with a worthless technology that produces a far inferior record.

~ The Beagle

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A Neuropsychologist’s deposition.

Q. Can you explain what you meant by that last statement?

A. May I give an example of this?

Q. Sure.

A. Okay. If you look -- And the example is this. Our brains are amiracle. Okay. They're a miracle that needs to be protected. And if you look at the court reporter right now, as an example, okay, this is a miracle in progress happening right before your eyes.
Let me just explain what she needs to do. I am speaking, so the information has to come in through her ear into her temporal lobe, and it has to go log itself into the language center. She has to be able to comprehend what I'm saying.

Then it has to get rerouted to the prefrontal cortex where it has to hold -- she has to be able to hold the information, because, you know, I continuously talk so she has to hold it. Right? Then she has to analyze it, integrate it and synthesize it.

Then it has to go back to the cerebellum and she has to be able to execute this, and she has to be able to then convert my words into those little squiggly marks. Have you ever seen court reporters have little squiggly language things?

So she has to convert it into a different language, and the white matter tracks allows her to reroute all of this information simultaneously without effort. Okay.

We take our brains for granted. She's sitting here. I'm probably talking too fast for her, but she's able to do this simultaneously. Seamlessly. Okay. No animal on the planet can do this. All right.

That's why I believe court reporters will never be replaced. Because no technical -- no technology could replace the beauty of that brain and the miracle of that brain. And that's why your brain should always be protected and you should take care of it.

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

Comments

houston_chron196:http://www.chron.com/disp/story.mpl/buzz/5723232.html
Yahoo! Buzz
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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."
___
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

Sunday, March 23, 2008

What $22,000 can buy - court reporters beware!!

What $22,000 can buy - court reporters beware!!
Seems like a little grant from a legislative body can remove court reporters from doing what they do better than any piece of hardware, protecting the record and producing the best document possible for use in higher courts if need be. Get bean counters and a good salesman together and that's all that's needed to sell an inferior system to an unknowing court administrator!!
~ the Beagle

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Village Court Awarded Grant for Renovations, Improvements

Senator Kemp Hannon and Assemblyman Jim Conte recently announced he has been advised by the State's Chief Administrative Judge, Ann Pfau, that the Village of Farmingdale has been awarded a $22,153.48 grant under the State's Justice Court Assistance Program to undertake renovations and to purchase equipment to improve their operations and make their facilities more secure.

Senator Hannon said, "It will help the Farmingdale Village Court serve the people even better. I look forward to the continued operation of the Justice Court Assistance Program and to working with the State court system to ensure our local courts remain an integral component of our justice system."

"It is important for these courts to have the resources they need to provide the best security and the most efficient judicial process for the residents of Farmingdale and Long Island," added Conte.

Village Administrator Dave Smollett said the grant will provide upgraded computers and printers to enhance automation in their justice court system."

"It also provides for an enhanced security system which will allow us to purchase and install security and monitoring equipment," Smollett added. "We also received a digital recorder/court reporting system which records court sessions and eliminates having to hire a court stenographer for every court session."

Despite their critical function, these courts often have few resources - reflecting the budgetary limitations of the towns and villages that support them. Recognizing this, the State Legislature in 1999 established the Justice Court Assistance Program to provide supplementary state assistance in the form of grants to the town and village justice courts. These grants, awarded by the Chief Administrative Judge of the State Court System, make it possible for justice courts to acquire essential equipment, enhance security, and maintain a dignified and appropriate appearance.

"These grants go a long way toward providing needed funding for local courts, thus, saving our communities valuable tax dollars," continued Conte. "I am pleased that I could do my part in helping to promote these important grants."

Thursday, March 13, 2008

Trial is all Wet!

I guess they should employ postmen...neither rain nor sleet shall keep the postman from his rounds but a little bit of water can certainly cause havoc in a courthouse! A good court reporter would be there with his equipment ready to take the testimony and get the litigation on the right track....

~ The Beagle

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Flooding postpones case
March 12 2008
The civil trial of four men accused of stripping a woman of her trousers in public last year has been postponed to April because of flood damage to Umlazi's Equality Court."...Due to severe floods in Durban last night, some recording equipment (is) defective, including the ones used in this trial," magistrate Louis Radyn said on Wednesday.Several courtrooms were flooded after a downpour in Durban on Tuesday night. Mopping up was still underway at 11am.Thulani and Sibusiso Cele, Sitha Nzuza and Wiseman Mzotho are on trial on charges of infringement of human rights and dignity.