Court reporter

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A court reporter, court stenographer, or shorthand reporter [1] is a person whose occupation is to capture the live testimony in proceedings using a stenographic machine or a stenomask, thereby transforming the proceedings into an official certified transcript by nature of their training, certification, and usually licensure. This can include courtroom hearings and trials, depositions and discoveries, sworn statements, and more.

Contents

United States

In certain states, a court reporter is a notary, by virtue of their state licensing, and a notary public is authorized to administer oaths to witnesses and certify that their transcript of the proceedings is a verbatim account of what was said—unlike a court recorder, whose job is to operate audio recording devices and send the recorded files for transcription over the internet. Many states[ citation needed ] require a court reporter to hold a certification obtained through the National Court Reporters Association or the National Verbatim Reporters Association; still, others require their own state-specific licensing or certification.

Skills and training

It typically takes anywhere from two to four years to learn the basic skills to become a stenographic court reporter. [2] Applicants first learn to use the steno keyboard (which takes the most time), and heavy academic training is also required. Candidates usually attend specialized certificate courses at private business schools or sometimes associate's or bachelor's degree programs at accredited colleges and universities. [3] Distance learning and online training courses are also available. After additional on-the-job training and experience, many court reporters then move on to realtime reporting.

Licensing

Most states require that court reporters obtain a license via examination before being allowed to practice in that respective state. Examinations include writing speed tests at 180 wpm, 200 wpm and 225 wpm, and a written examination to demonstrate proficiency in English, grammar, medical terminology, legal terminology, courtroom decorum, the Federal Rules of Civil Procedure Rule 30, court reporting procedure and ethics.

Licensed court reporters are required to attend yearly continuing education courses of at least 10 hours in order to maintain active licensure. [4]

Professional associations and licensing entities

The National Court Reporters Association (NCRA) is a national stenographic court reporting association in the United States. Stenographers can also join the National Verbatim Reporters Association (NVRA), a professional organization dedicated to the practice of voice writing, which is another method used to take down court proceedings in certain states. For court recorders who also operate audio equipment, there is the American Association of Electronic Reporters and Transcribers (AAERT). Court reporters, voice writers, and transcribers must pass both a written and practical examination.

The NCRA offers the title Registered Professional Reporter (RPR) to those who pass a four-part examination, including a three-part skills exam and a written exam, and participate in continuing education programs. A court reporter may obtain additional prestigious certifications that demonstrate an even higher level of competency, such as Registered Merit Reporter (RMR), Certified Real-time Reporter (CRR), Certified Realtime Captioner (CRC), or Certificate of Merit (CM), Certified Broadcast Captioner (CBC), and Certified CART Provider (CCP). [5] In 2004, Mark Kislingbury secured the title of fastest realtime court reporter through Guinness World Records by writing 360 words per minute on his stenographic machine. [6]

The AAERT offers electronic recorders and transcribers three certifications: certified electronic recorder (CER), certified electronic transcriber (CET), and certified electronic recorder and transcriber (CERT) for setup and use of basic recording equipment. Transcription, however, is not performed by the court recorder in most cases. The International Alliance of Professional Reporters and Transcribers (IAPRT.org) is a member-based not-for-profit consortium engaged in the ongoing development of digital court recording and transcription, and guiding public and private court recording paraprofessionals worldwide toward the goal of producing as much of a verbatim and verifiable record as possible given the number of limits of even modern-day recording equipment. The NVRA offers the title Certified Verbatim Reporter (CVR) to voice writers who pass a four-part examination, including both a skills and written exam, and participate in continuing education programs.

Required skills of a licensed stenographic court reporter are excellent command of the language being spoken, attention to detail, exceptional hearing, and the ability to focus for long periods at a time. The most highly skilled court reporters can provide real-time transcription and have significant earning potential, with salaries up to six figures possible in some areas. [7]

Salary and job outlook

In the United States, the Bureau of Labor Statistics continues to report a positive job outlook for stenographic court reporters. Median annual salary in 2022 was listed at $63,560 per year. [8] The top 10 percent of court reporters earned more than $91,280. [8] In May 2012, Forbes listed "stenographic court reporter" as one of the best jobs that does not require a four-year degree. [9] As of 2015, the median annual salary for a court reporter was $50,000. The actual amount can vary depending on whether the court reporter works in an in-court capacity as an "official" reporter or as a reporter of pre-trial discovery (depositions). Additionally, pay can vary based on whether the original and/or a copy of the transcript is ordered by any of the parties to the action. The growth rate of the profession was projected to be 2% to 3%, which is lower than the average of 7%, but the demand has remained high due to a national rise in litigation overall. [10] The "Ducker Report," commissioned by the National Court Reporters Association (NCRA) to assess the state of the profession, predicted the stenographic court reporters workforce would total approximately 27,700 in 2018. Contrary to these projections, the U.S. Bureau of Labor Statistics reports the actual number to be around 21,300 in 2022, indicating a faster-than-expected decline. This underscores a pivotal moment for the profession, exacerbated by reports from numerous state certification boards of a sustained decrease in court reporter applicants. In some states, this decrease is as stark as an 85% reduction over the last five years. [11]

As of 2012, Maryland employed the most court reporters, while New York has the highest average salary. [12] Some states have experienced budget cuts in recent years that have reduced the number of state-funded court reporters. This has resulted in law firms hiring stenographic court reporters directly, as they are independent contractors, to ensure proceedings are verbatim. [13]

In England, as of 2023, the estimated yearly salary for a court reporter was in the range of £28,000-£35,000 (approx. US $35,000-$44,000). [14] In 2014, the salary for free court reporters varied, with realtime reporters earning around £405.88 (approx. US $512.59) per day. [15]

Work

A Certified Realtime Reporter (CRR) and a Certified Broadcast Captioner (CBC) offer the ability to show live transcription of the spoken record by captioning what is said to display it on a screen in real time, and as the latter is a stenographic court reporter, they can provide instant read back of testimony unlike a recording. Digital recordings often operated by court clerks or AAERT members are able to provide for instant playback or review of portions of the recording with the appropriate reporting software.

Many stenographic court reporters work as freelance reporters or independent contractors in depositions and other situations that require an official legal transcript, such as arbitration hearings or other formal proceedings. CART providers (Communication Access Realtime Translation) also often provide realtime services for public events, religious services, webcasts, and educational services. Stenographic court reporting most often allows for a quality transcript produced on an hourly, daily, expedited, or standard turnaround.

Stenographic court reporters working as broadcast captioners often contract with or by television producers and stations to provide realtime closed captioning of live programs.

Canada

Education

There is one NCRA-approved captioning and court reporting program in all of Canada, which is found at the Northern Institute of Technology (NAIT) in Edmonton, Alberta. [3] It is a two-year course that teaches machine shorthand (stenography). To obtain a diploma, one must pass two-voice speed tests at 225 words per minute with 95% accuracy. Other classes include software training, English, and law. [16] NAIT also offers the NCRA A to Z® Program, a free six-week course that introduces the basics of steno. [17] Between 2017 and 2020, graduates of NAIT's captioning and court reporting program reported a median salary of $70,000 CAD. [18]

Professional associations

There are three active professional associations in Canada: Association professionnelle des sténographes officiels du Québec (APSOQ), [19] Alberta Shorthand Reporters Association (ASRA), [20] and British Columbia Shorthand Reporters Association (BCSRA). [21]

Designations

Certified Shorthand Reporter (Alberta)

After graduating school and completing an internship, Alberta court reporters must earn continuing education credits to maintain their Certified Shorthand Reporter designation, [22] which is a protected title under the Professional and Occupational Associations Registration Act of Alberta. [23] Certified Shorthand Reporters must be members of the ASRA.

Certified Shorthand Reporters are highly skilled professionals who are required to have post-secondary education from an accredited court reporting school with an emphasis on grammar, law, medical terminology, and Canadian legal procedures; complete a supervised internship; and participate in professional development opportunities. [22]

Official Reporter (British Columbia)

An Official Reporter designation is granted by the Attorney General of BC. To receive such a designation, a person must be able to write 200+ word per minute using shorthand. [24]

An examination for discovery must be conducted before an official reporter who is empowered to administer the oath. [25]

Authorized Reporter (British Columbia)

An Authorized Reporter designation is granted by the Attorney General of BC. To receive such a designation, a person must either "have 1,000 hours of work experience performing the functions of an official reporter...within two of the immediately past five years" or "hold certification as a real time reporter with NCRA and have at least 500 hours of work experience performing the functions of an official reporter within two of the past five years." [26]

Methods

Court reporters use stenography to capture the spoken word verbatim. The skills of court reporters are primarily measured through certification exams and licensing. The training on a stenograph machine requires the person to pass writing speed tests of up to 225 words a minute on their machine in the United States, as set forth by the National Court Reporters Association (NCRA). [27] Only a small percentage of court reporting students per year are able to reach this goal, but with NCRA's "A to Z Steno" program and virtual classrooms around the country, the number of stenographic court reporters is on the rise.

Court recorders use multi-channel, digital audio to allow for isolated playback of channels during transcription. This allows transcribers to listen from different vantage points when playing back the audio. This multi-channel feature especially helps during moments of extraneous noise such as laughter, shouting, coughing, and sneezing, but it is still deemed inferior to having a stenographic reporter during the proceedings.[ citation needed ] The American Association of Electronic Recorders and Transcribers (AAERT) certifies recorders and transcribers. [28] AAERT certified recorders are trained to attempt to monitor the recording continuously during a proceeding and create simple notes, or a log, which are individually time-stamped. The time-stamps correspond with the location on the digital recording for playback either upon request during a proceeding or at a later time. The log notes provide the opportunity to search and identify any segment of the proceeding. Some courts train clerks or other court personnel to operate the digital recording equipment. While court systems benefit from the income from these systems directly, the equipment is maintained by outside vendors and staff cannot repair malfunctioning equipment even if aware of the problem. Courtroom monitors are responsible for listening to the recording through headphones while the proceeding occurs. However, there is no way to ensure recording quality.

Court reporters can also use voice writing equipment to take down court proceedings. Called "voice writers," they dictate verbatim what attorneys, witnesses, and others are saying into a stenomask, which is connected to a computer and uses voice recognition software. This training requires a person pass dictation speed tests of up to 225 words a minute in the United States, as set forth by the National Verbatim Reporters Association (NVRA).

See also

Related Research Articles

A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination.

<span class="mw-page-title-main">Shorthand</span> Abbreviated symbolic writing method

Shorthand is an abbreviated symbolic writing method that increases speed and brevity of writing as compared to longhand, a more common method of writing a language. The process of writing in shorthand is called stenography, from the Greek stenos (narrow) and graphein. It has also been called brachygraphy, from Greek brachys (short), and tachygraphy, from Greek tachys, depending on whether compression or speed of writing is the goal.

<i>Hansard</i> Transcripts of parliamentary debates in Britain and many Commonwealth countries

Hansard is the transcripts of parliamentary debates in Britain and many Commonwealth countries. It is named after Thomas Curson Hansard (1776–1833), a London printer and publisher, who was the first official printer to the Parliament at Westminster.

Transcription in the linguistic sense is the systematic representation of spoken language in written form. The source can either be utterances or preexisting text in another writing system.

Communication access realtime translation (CART), also called open captioning or realtime stenography or simply realtime captioning, is the general name of the system that stenographers and others use to convert speech to text. A trained operator writes the exact words spoken using a special phonetic keyboard, or stenography methods, relaying a reliable and accurate translation that is broadcast to the recipient on a screen, laptop, or other device. CART professionals have qualifications for added expertise (speed and accuracy) as compared to court reporters and other stenographers.

<span class="mw-page-title-main">Stenomask</span> Microphone in a sound-proof mask

A stenomask is a hand-held microphone built into a padded, sound-proof enclosure that fits over the speaker's mouth or nose and mouth. Some lightweight versions may be fitted with an elastic neck strap to hold them in place while freeing the user's hands for other tasks. The purpose of a stenomask is to allow a person to speak without being heard by other people, and to keep background noise away from the microphone.

<span class="mw-page-title-main">Stenotype</span> Specialized typewriter or chorded keyboard for recording in shorthand

A steno machine, stenotype machine, shorthand machine, stenograph or steno writer is a specialized chorded keyboard or typewriter used by stenographers for shorthand use. In order to pass the United States Registered Professional Reporter test, a trained court reporter or closed captioner must write speeds of approximately 180, 200, and 225 words per minute (wpm) at very high accuracy in the categories of literary, jury charge, and testimony, respectively. Some stenographers can reach 300 words per minute. The website of the California Official Court Reporters Association (COCRA) gives the official record for American English as 375 wpm.

A transcript is a written record of spoken language. In court proceedings, a transcript is usually a record of all decisions of the judge, and the spoken arguments by the litigants' lawyers. A related term used in the United States is docket, not a full transcript. The transcript is expected to be an exact and unedited record of every spoken word, with each speaker indicated. Such a record was originally made by court stenographers who used a form of shorthand abbreviation to write as quickly as people spoke. Today, most court reporters use a specialized machine with a phonetic key system, typing a key or key combination for every sound a person utters. Many courts worldwide have now begun to use digital recording systems. The recordings are archived and are sent to court reporters or transcribers only when a transcript is requested. Many US transcripts are indexed by Deposition Source so that they may be searched by legal professionals via the Internet. Transcripts may be available publicly or to a restricted group of persons; a fee may be charged.

<span class="mw-page-title-main">Precognition (Scots law)</span> Taking witness statements before a trial

Precognition in Scots law is the practice of precognoscing a witness, that is the taking of a factual statement from witnesses by both prosecution and defence after indictment or claim but before trial. This is often undertaken by trainee lawyers or precognition officers employed by firms; anecdotal evidence suggests many of these are former police officers.

Medical transcription, also known as MT, is an allied health profession dealing with the process of transcribing voice-recorded medical reports that are dictated by physicians, nurses and other healthcare practitioners. Medical reports can be voice files, notes taken during a lecture, or other spoken material. These are dictated over the phone or uploaded digitally via the Internet or through smart phone apps.

Shorthand education is education in shorthand or stenography. Stenography or shorthand has been taught in stenography schools and other institutions, including public schools.

<span class="mw-page-title-main">National Court Reporters Association</span> American organization

The National Court Reporters Association, or NCRA, is a US organization for the advancement of the profession of the court reporter, closed captioner, and realtime writer. The association holds annual conventions, seminars and forums, speed and real-time contests, and teachers' workshops to assist court reporters.

Real-time transcription is the general term for transcription by court reporters using real-time text technologies to deliver computer text screens within a few seconds of the words being spoken. Specialist software allows participants in court hearings or depositions to make notes in the text and highlight portions for future reference.

A speech-to-text reporter (STTR), also known as a captioner, is a person who listens to what is being said and inputs it, word for word, as properly written texts. Many captioners use tools which commonly converts verbally communicated information into written words to be composed as a text. The reproduced text can then be read by deaf or hard-of-hearing people, language learners, or people with auditory processing disabilities.

The Certified Verbatim Reporter (CVR) is a nationally recognized certification designation for court reporters in the United States. It is provided by the National Verbatim Reporters Association (NVRA).

A transcription service is a business service that converts speech into a written or electronic text document. Transcription services are often provided for business, legal, or medical transcription medical purposes. The most common type of transcription is from a spoken-language source into text. Common examples are the proceedings of a court hearing such as a criminal trial or a physician's recorded voice notes. Some transcription businesses can send staff to events, speeches, or seminars, who then convert the spoken content into text. Some companies also accept recorded speech, either on cassette, CD, VHS, or as sound files. For a transcription service, various individuals and organizations have different rates and methods of pricing. Transcription companies primarily serve private law firms, local, state, and federal government agencies and courts, trade associations, meeting planners, and nonprofits.

A scopist edits the transcripts of official proceedings, created by court reporters. Court reporters attend official proceedings such as court hearings and transcribe the spoken word to written text. Court reporters take down official proceedings using voice writing or stenography. Scopists receive the rough copies of these transcripts after the proceedings, check the transcript for missing words or mistakes, edit grammar and punctuation, ensure that proper names and technical or scientific terms are spelled correctly, and format the transcript properly before delivering the transcript back to the court reporter. Unlike most careers in the legal field, scopists can be outsourced as they are not directly involved in the legal process.

A rough ASCII, uncertified rough draft, uncertified unedited rough draft, realtime unedited rough draft, uncertified copy, or simply RASCII is the rough draft version of a transcript created by a court reporter, usually of a legal proceeding. It may have spelling errors as it has not yet been finalized. Once the transcript has been finalized and certified by the court reporter, the RASCII is then transformed into a so called "ASCII".

Voice writing is a method used for court reporting, medical transcription, CART, and closed captioning. Using the voice writing method, a court reporter speaks directly into a stenomask or speech silencer - a hand-held mask containing one or two microphones and voice-dampening materials. As the reporter repeats the testimony into the recorder, the mask prevents the reporter from being heard during testimony.

Legislatures may choose to issue transcripts of the words spoken in their debates and proceedings. Unlike the journals of such bodies, which are merely the record of the votes and measures taken at a given meeting, or government gazettes, which are the records of the laws enacted by such legislatures, these transcripts are nominally a verbatim record of the words spoken on the floor. Such records can, and often have, been instead printed in private newspapers independent from the legislature itself.

References

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  13. "...Court reporters who provide transcripts of hearings have been eliminated for limited civil cases in many counties, making it more difficult for the losing party to appeal." Electronically recorded transcripts then transcribed by transcription companies have not solved the problem due to very poor quality. "...recession-driven cutbacks in California's huge court system have produced long lines and short tempers at courthouses throughout the state. Civil cases are facing growing delays in getting to trial, and court closures have forced residents in some counties to drive several hours for an appearance." COCRA http://cocra.org/category/reporter-layoffs/ Archived 2012-04-05 at the Wayback Machine
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