TechTracker » NCRA's ER Warning Signs

NCRA's ER Warning Signs

NCRA’s ER (Electronic Recording) Warning Signs  Please distribute this document to court reporters across your state.  It should serve as a reference guide of situations to watch for on the ground in your area. ER is spreading, and changes are occurring in the court reporters’ marketplace. ER, or electronic recording, consists of digital audio and video recording of court or deposition proceedings.  ER is being utilized to create the record in the courtroom and freelance setting.  These ER machines are replacing court reporters often through attrition or decision-maker choice.  The decision-makers who have control over this decision are different individuals depending on where you live.  They can include court administrators, chief justices, judges, court managers or law firm owners.   The first step to retaining court reporter positions is to be aware of that fact that this change is occurring.  Review the following warning signs, and be sure to share them with your coworkers, colleagues and friends.  Don’t leave your fellow court reporter in the dark alone.  Choices exist and resources are readily available for each individual. Top 10 ER Warning Signs 
  1. ER Pilot
Your local court or county begins to discuss an ER pilot project or program where they will test a particular system in a courthouse or in several courthouses to find out if it is a viable alternative to traditional stenographic court reporting.   
  1. Murmuring
You start to hear rumors about a judge or court administrator meeting with an ER vendor.  Your judge is retiring, and you hear from a friend that the incoming judge is thinking about installing ER and letting you go.   
  1. Technology Committee
The state supreme court has decided to create a “Making the Record Committee.”  The committee is charged with reviewing the process of creating the court record in your state and assessing how to revamp the process and “update” it.   
  1. Budget Cuts
If you start to hear individuals talking about budget cuts in the court and potential lay offs, be sure to listen to the conversations.  Court reporters are often one of the first items on the chopping block.  The courts argue that ER is cheaper. 
  1. Investigating Technology
The court administrator or the chief judge starts to talk about investigating technology for the courtroom.  Be vigilant if vendors start to come to the courthouse and pitch their wares to the key decision-maker in your courthouse.  Some vendor names to listen for include FTR (For the Record), JAVS, and CourtSmart.   
  1. Attrition
If a lot of the court reporters in your area are going to be retiring soon, you might want to talk to the key decision-makers in the courtroom and freelance setting about their plans once the retirements start to creep up.  You should ask if they are planning on rehiring.   
  1. Restructure Plans
Many courts are currently going through massive restructuring and renovation due to a number of reasons.  Outdated courtrooms, outdated computer systems and the installation of new case management systems are a few examples.  Be aware that oftentimes when they start to look at updating the courts, the decision-makers consider installing ER at that point.  Decision-makers are often convinced that ER is the wave of the future.   
  1. Shortage Complaint
Complaints of a shortage of court reporters to fill vacancies especially in rural areas of the country have led to the installation of ER.  Be aware of this issue in your local area. 
  1. Negative Attitude or Lack of Accountability
Court reporter attitude can lead to the installation of ER.  If court reporters fail to be a team player or have a negative attitude, the decision-maker holding the purse strings may opt to deal with a machine rather than a human.  Also, a lack of accountability is another key factor.  Late transcripts or failures to complete transcripts due to personal issues have cropped up across the country as a problem, and these instances tend to end up in the media.   
  1. Control
Access and control of the court record is another reason some decision-makers are opting to install ER.  They feel that because the record is then captured on a CD in English regardless of what happens they will maintain the record in a format that someone will be able to transcribe.  Top Ten Reasons to Utilize a Court Reporter! 
  1.  Transcript Production
Court reporters provide the only voice-to-text translation of the spoken word.  Other methods leave you with a recording which must eventually be transcribed. 
  1. Redaction
Court reporters have the ability to redact sensitive information from the transcript to protect an individual from identity theft or for security purposes.  Court reporters can redact addresses or social security numbers before the information is released to the public. 
  1. Mobility
Court reporters are a versatile and mobile option.  They can travel to any room or location and guarantee that they will perform at their peak.  Remote court reporting is an option that allows a court reporter to cover a proceeding in a rural area while they are in their home office in another town.   This mobility can be important in emergency situations, such as during hurricanes or other times of trouble or if a deposition must occur outside of a law office, such as in a jail, hospital, home, etc.  A decision-maker will have continuity of operations when he or she works with a court reporter.    
  1. Human Intervention
Court reporters offer the benefit of the human touch when creating the record.  Court reporters are present throughout the entire record-making process.  They follow along word-for-word and are able to stop a speaker who might have an unintelligible accent to ask for clarification.  Also, court reporters can instantly read testimony back upon request.  Court reporters are trained professionals responsible for creating an accurate, efficient, and timely transcript. 
  1. Accurate NOT Adequate
Court reporters ensure that the consumer has an accurate record every time.  When consumers rely on other methods of creating the record, they sometimes must settle for an adequate record.  When justice is on the line, obtaining an accurate record is a must. 
  1. Realtime
Court reporters can provide a realtime record.  This service is extremely valuable to everyone involved.  Court reporters are the only individuals who can provide a realtime record.  Realtime allows parties in the proceeding to follow along with the events as they occur.  The court reporter captures the proceeding and displays the text on a laptop as it is happening. 
  1. ADA Compliance
Court reporters can provide CART (Communication Access Realtime Translation) or one-on-one captioning in the courtroom.  This aids in reviewing testimony and provides access for attorneys, judges or witnesses who are hard-of-hearing; thus, meeting the requirements of the Americans with Disabilities Act.   
  1. Quick Turn Around
Court reporters can provide their consumers with quick turnaround on their transcript requests.  Utilizing realtime technology, a court reporter can provide their consumers with a record the same day the proceeding takes place.    
  1. Certified Court Reporter
A trained, certified court reporter is an expert on providing you with a reliable and accurate product.  Certification ensures that a court reporter reaches a certain level of excellence and, in turn, will produce an exceptional end-product. 
  1. Customer Service
Court reporters pride themselves on their customer service.  Court reporters are involved throughout the entire record making process to ensure that the end user receives an accurate, fast and reliable record.    What do you do if your area is being threatened by ER? 1.      Contact NCRA.  Reach out to Nate Smith, the NCRA ER Task Force staff liaison, at nsmith@ncrahq.org or by calling 1-800-272-6272, extension 165. 2.      Contact your state association. 3.      Contact NCRA’s ER expert, our marketing consultant, Laura Dennis with L. Dennis & Associates, Inc.  She can be reached at lcdennis@cox.net or by calling 571-239-0765. 4.      Fill out NCRA’s ER Checklist.  This document will allow you to solicit input and advice directly from the ER Task Force.  You can obtain an ER Checklist by emailing Nate Smith at nsmith@ncrahq.org.  5.      Attend NCRA’s training opportunities relating to marketing court reporter value.  Marketing court reporter value is essential to fighting the ER threat.  Keep your eyes peeled for “NCRA’s Marketing Court Reporter Value Seminar.”

 

Posted Mar 04 2008, 08:41 AM by Nathan Smith
Copyright 2008 National Court Reporters Association