Month: October 2018

A North Carolina man convicted of rape recently had his conviction overturned because the courtroom recording equipment malfunctioned, resulting in a one-and-a-half-hour gap in the record at a critical point in the trial.

This error is tragic for both sides. The victim, who already testified in front of a jury and full courtroom one time, must testify again. The Defendant, if he is found not guilty, will have spent years in prison for a crime he didn’t commit.

How could this happen? In 2013, North Carolina replaced a number of court reporters with unmonitored digital recording equipment, citing budget concerns. Courtroom clerks are responsible for turning the equipment on and off and keeping a log of when different cases are called, when witnesses testify, when exhibits are marked, and when judges issue rulings. But courtroom clerks have a number of other duties and aren’t constantly monitoring the equipment to make sure it’s working.

Now, instead of saving money, the state will have to pay for another trial.
Whether they use stenomask, stenotype, or electronic court reporters, it’s clear that a court reporter, whose sole job it is to ensure an accurate, complete record of the trial is captured, is necessary in a courtroom.

“Court reporters are extremely vital. We are the guardians of the record,” said Jessica Sheldon, President of the North Carolina Association of Official Court Reporters.”[With] an audio recording, no one is there making sure each word is understood. A door slam could change the whole testimony if we don’t know what that word was.”

It should be pointed out that there are major differences between placing digital audio equipment in a courtroom and utilizing an electronic court reporter. An electronic court reporter is a professional who constantly monitors the recording equipment and who makes notes as to when examinations start, objections are lodged, exhibits are marked, and the proper spelling of names and terms used. In addition, if a witness or attorney speaks too softly or if they talk over each other, the electronic court reporter will interrupt the proceedings to ask them to repeat what was said or to speak up.

Hopefully the publicity that this case has generated will force legislators to revisit their decisions. As Mecklenburg County Superior Court Judge Richard Boner said in 2014, “If they want to turn the courtroom into a factory, they can do that. But I don’t consider that justice. Can you really put a dollar amount on justice?”

Chapel Hill Court Reporting strives to be “guardians of the record.”  You can be assured each time you book a court reporter or videographer with us your case will be handled professionally all the way around.  Call us now to book your next deposition:  919-682-7757 or book online:  https://chapelhillcourtreporter.com/schedule-service