May 22, 2013
Honorable Neal Hunt
Co-Chair, Appropriations/Base Budget
300 N. Salisbury Street, Room 309
Raleigh, NC 27603
RE: SB 402 (Hunt): Oppose
Dear Chairman Hunt,
On behalf of the National Court Reporters Association and the 19,000 stenographic court reporters, broadcast captioners, and CART providers that we represent, I am writing in opposition to S.B. 402, legislation that would replace official court reporters with electronic recording equipment in the state courthouses.
NCRA certainly recognizes the budgetary problems that states all across the country are currently experiencing and we understand that North Carolina is no exception. However, replacing court reporters with electronic recording has not proven to save money and can potentially lead to unintended consequences which will ultimately harm the state’s judicial system and North Carolina’s citizens.
We have seen counties time and time again make the switch to electronic recording with negative outcomes. For instance, in 2009 in Jefferson County, Ky., it was discovered that due to faulty electronic recording devices, dozens of hearings were not recorded and entire proceedings were lost forever. The county was forced to expend an additional $1.1 million in taxpayer money to improve the recording system which is still fraught with problems. Similarly, the appeals process of the 2005 trial of Virginia Tech shooter Seung-Hui Cho raised multiple concerns with electronic recording. First, the tapes were misplaced and thought to have been destroyed. They were later found misfiled but when played, significant portions of Cho’s testimony were deemed inaudible. These high profile examples of electronic recording failings must be considered when looking into replacing stenographic court reporters with electronic recording.
Unfortunately, if this legislation passes into law, it will only result in harm for the end consumer, North Carolina’s citizens, who rely on the state court system on a daily basis. A court reporter’s primary focus when working in court is accuracy, impartiality, and confidentiality of the official court record. While the first two speak for themselves, the confidentiality aspect deserves special mention. As you know, oftentimes in court cases confidential information is shared including Social Security numbers, addresses, bank account numbers, and other information that must be kept private for the sake of a party. Court reporters constantly and easily redact any information which is deemed by the parties as confidential. This process is significantly more challenging with electronic recording devices which can allow critical information that is potentially dangerous to a child or to a victim to be released to the public.
Thank you for allowing me to share my thoughts on S.B. 402 with you. With more than 100 years of experience in making the record, we would be glad to be part of any discussion to make logical and real cost-effective solutions for the taxpayers of North Carolina. If you have any questions or need further clarification, please feel free to contact me , or NCRA’s Assistant Director of Government Relations Adam Finkel .
Sincerely,
Tami Smith Keenan, CSR, RPR, CPE
2012-2013 President
National Court Reporters Association