Here is a letter I wrote to a hearing officer and attorneys in the case where he ordered my 0+1 attorney to provide a free copy to opposing counsel. It was expedited over Labor Day weekend. I would love to hear your response. My client would like us to have better lobbying to deal with free copies being passed around. I love her! Good morning, It has come to my attention that Ms. ___has been ordered to furnish a copy of the hearing transcript from August 26 and 27 to Ms. ____. I hope you will bear with me as I shed some light on this practice and its consequence not only to me, but to the profession of court reporting. By my research, here are the rules under the Texas Education Code that deal directly with this situation: Texas Education Code 21.255 (e) The school district shall bear the cost of the services of the hearing examiner and certified shorthand reporter at the hearing and the production of any original hearing transcript. Each party shall bear its respective costs, including the cost of discovery, if any, and attorneys fees. Sec. 21.256. CONDUCT OF HEARING. (a) A hearing under this subchapter must be private unless the teacher requests in writing that the hearing be public, except that a hearing examiner may close a hearing if necessary to maintain decorum. (b) The hearing is not subject to Chapter 2001, Government Code. (c) At the hearing, a teacher has the right to: (1) be represented by a representative of the teachers choice; (2) hear the evidence on which the charges are based; (3) cross-examine each adverse witness; and (4) present evidence. (d) The Texas Rules of Evidence apply at the hearing. A certified shorthand reporter shall record the hearing. (e) The hearing shall be conducted in the same manner as a trial without a jury in a district court of this state. The hearing examiners findings of fact and conclusions of law shall be presumed to be based only on admissible evidence. If “the hearing is to be conducted in the same manner as a trial without a jury in a district court of this state,” all parties are required to purchase a copy of the proceedings directly from the court reporter, unless, in criminal proceedings, there is a pauper’s affidavit filed declaring the party is indigent. I have not been made aware of such an affidavit in this case; therefore, a copy of this transcript should have been purchased directly from me. The practice of furnishing free copies of transcripts is having a profound effect on the court reporting profession around the country. Many reporters have seen their income levels drop or remain stagnant over the last 20 years instead of increasing in proportion with the cost of living, primarily having to do with these kinds of practices. This practice is also causing many good reporters to leave the profession or get second jobs. Consequently, there is predicted to be a shortage of court reporters within the next 15 to 20 years and it is causing some states and/or counties to rely on electronic recordings of proceedings. I can assure you getting a transcript via electronic recording on an expedited basis over a holiday weekend would have been a more difficult undertaking and chances are not as accurate. Having a human body in this instance is always better than relying on a recording for a transcript. I would urge you to research how many cases have resulted in mistrials, had to be retried, or have been appealed due to faulty electronic recordings. Some attorneys make the argument that our costs are too high, but court reporters also have professional expenses. Our stenograph machines, laptop computers, and specialized software alone cost thousands of dollars. This equipment is what enables us to deliver quality transcripts on an expedited basis as was needed in this case. In addition, we have office overhead expenses, office staff and/or independent contractors that help with editing and proofreading, et cetera. As a court reporter with 31 years of experience in courtrooms, administrative hearings, depositions, broadcast captioning, and as the current vice president of the Central Texas Court Reporters Association, I assure you I am passionate about my profession. The next time this situation arises, I implore you to support our profession and order a copy of the transcript from the court reporter and make sure you include those potential fees upfront when you get a retainer from your clients. I know you expect to be paid for your services, and speaking for all court reporters in the state of Texas, we would ask the same. Thank you, Kim Keeper
Posted on: Thu, 04 Sep 2014 18:44:28 +0000
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