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."