Can a Court Stenographer Fall Behind and How to Correct It

When I spent over 20 years as a witness in courtrooms, I've had the opportunity to closely observe the intricate processes surrounding court reporters, or stenographers. These professionals are responsible for accurately recording everything said during a trial, ensuring that subsequent transcription and legal actions are soundly based on the spoken word. However, there are instances where a stenographer might fall behind, and it’s pertinent to understand how this can be addressed and corrected.

Roles and Responsibilities of a Court Stenographer

Court stenographers play a crucial role in ensuring the accurate recording of testimonies and proceedings. Their work involves intensive concentration and high levels of accuracy, with most being certified to record at rates higher than 90% accuracy per page. Apart from the primary recording function within courtrooms, stenographers also have crucial responsibilities post-recording, such as transcribing their shorthand notes into readable and legally certified transcripts.

The Atmosphere of a Busy Court Proceeding

During a trial, court stenographers typically have the ability to request pauses, ask for clarifications, and request participants to slow down should they fall behind. Experienced stenographers often have the wisdom to intervene, for example, by halting proceedings to request a repetition of a sentence, or when a participant is speaking over another, it’s common to ask for them to speak one at a time. Sometimes, during breaks, they ask for clarifications on unfamiliar terms or names, which further help in maintaining the accuracy of the transcripts.

Resources and Procedures for Stenographers

Like any job that deals with high levels of concentration and accuracy, stenographers require periodic breaks and are limited in their working hours per day. These measures are in place to ensure their best performance. Depending on the jurisdiction, they might receive specific training and certification to meet certain standards. The accuracy of their work is paramount, and they are integral parts of the legal proceedings.

The Challenges of Hitting the Mark

However, it's not always smooth sailing. In one of my trials, the stenographers essentially stopped trying to capture the entirety of the spoken word. This issue was particularly problematic because the testimony of an officer who did not follow pretrial instructions given by the judge was not included in the transcripts. If there were two stenographers recording the hearing, and a third was involved in interpreting what the other two recorded, one could imagine the confusion that might arise, given the personalized nature of shorthand.

The omissions were significant. The testimonies of the officer, as well as the in-camera discussions between the prosecutor, the defense attorney, and the judge on a reversible moment, were all omitted from the transcripts. This had severe consequences for my case, as the defense strategy heavily relied on these omitted details for a successful appeal. Because the testimony and discussions were not included, there was nothing actionable, leading to substantial injustice in my case.

Ensuring Accurate Transcriptions

In instances where a court stenographer falls behind, it is paramount that there are mechanisms in place to correct the situation. This can be achieved through clear instructions and the ability to request pauses or clarify ambiguities. Even if two stenographers are present, having a third transcriber who can interpret and ensure accuracy becomes essential. Understanding the tools and procedures available can prevent the kind of issues that plagued my case, ensuring transparency and fairness in legal proceedings.

The role of court stenographers is a critical one, and the accuracy of their work is not just a matter of record-keeping but can have profound implications on legal decisions. Ensuring the best possible performance from these professionals is a shared responsibility of all involved in the legal process, from judges to attorneys and the stenographers themselves.