Court Reporters: The Silent Guardians of the Record

One of the most important parts of a court proceeding involves someone who almost never says a word: the court reporter. Court reporters are professional employees of the court system who preserve a verbatim record of court proceedings. The word “verbatim” means, “word for word, letter for letter, line for line, literally, exactly, and precisely.” The court reporter’s verbatim record is called a transcript.

You may wonder, “why do we need a verbatim record of what was said?” First, recall that our court system has two basic levels: trial courts and appellate courts. Appellate courts review cases that are appealed from the trial courts. They review cases to make sure that no errors occurred. To review a case, they need to know exactly what happened in the trial court. The transcript identifies each person who spoke in court and records each word that was spoken.

Transcripts are regularly reviewed by lawyers and judges too. When a case is settled in court, the agreement is “put on the record” by verbally reciting it in the courtroom. Later, when the attorneys prepare a written order to formalize the agreement, they sometimes disagree on the terms of the settlement. The transcript shows the exact terms that were stated in court.

There are other times when a transcript is needed as well. With each judge hearing thousands of cases each year it is impossible to remember what took place in each case.

A number of years ago I received an urgent letter from a jail inmate. He wrote that I had sentenced him to 30 days in jail for a misdemeanor. He had just two more days to serve but the jail would not release him because their paperwork showed that he had received a 60 day sentence. He stated that he was trying to turn his life around and that he had a job interview lined up that he would miss if not released on time.

I asked my court reporter to look up the case in his transcript notes. Within minutes I had the answer: The inmate was right. He had been sentenced to 30 days in jail, not 60. I immediately issued a written order to correct the error. He was released according to his lawful sentence (and in time for his interview).

The court reporter’s primary duty is to control and preserve the record. This is not an easy proposition. Some people talk too fast, others too quietly, and sometimes people are crying when they speak. Frequently, more than one person may try to speak at the same time. Sometimes an accent or dialect may make someone harder to understand. Court reporters need excellent concentration skills.

Court cases are incredibly important to the litigants and to society. While a court reporter’s work is not flashy, it is of critical importance to a properly operating judicial system. Insuring that whatever occurs in court is accurately recorded and preserved makes court reporters the silent guardians of the record.

Judge Galler is chambered in Washington County. If you have a general question about the law or courts for Judge Galler, send your question to the editor of this newspaper. Learn more about Judge Galler, or listen to a podcast of his columns at www.judgegreggaller.com.