The California Court Reporter Crisis and the Controversy Surrounding SB 662: A Look at the Legal Battle, Fraud Allegations, and Potential Constitutional Crisis

Introduction

The California court system has recently been embroiled in a heated controversy surrounding the use of electronic recording equipment in courtrooms, the status of court reporters, and how the law is being interpreted in this regard. This debate has captured the attention of the public, legal professionals, and the media. The case at the heart of this controversy is the Los Angeles Superior Court’s (LASC) recent actions, the California Court Reporters Association’s (CCRA) legal battles, and the failed passage of California Senate Bill 662 (SB 662), which would have legalized the use of electronic recording systems in certain courtrooms. These developments have raised significant concerns about the future of court reporting, the integrity of the legal process, and the potential consequences for the public.

The Attempt to Change the Law: SB 662 and Its Failure

Senate Bill 662 (SB 662) was a significant piece of proposed legislation in California aimed at modernizing the court system and addressing a perceived shortage of court reporters. The bill, introduced in 2023, sought to authorize the use of electronic recording equipment in courtrooms for civil, probate, and family law cases. Proponents of SB 662 argued that such a measure would be a cost-effective solution to the ongoing shortage of court reporters, which had left many courtrooms understaffed.

However, the bill faced significant opposition from various legal organizations, including the CCRA, which argued that replacing human court reporters with electronic recording equipment would undermine the accuracy and fairness of court proceedings. Despite extensive lobbying efforts and significant backing from various sectors, SB 662 failed to pass in January 2024, leaving the question of electronic recording in the courts unresolved.

The failure of SB 662 was a blow to the Los Angeles Superior Court and other jurisdictions that had already begun preparing for the implementation of electronic recording. In particular, the LASC had already installed recording equipment in all of its civil courtrooms and trained court clerks in its use, leading to a substantial financial investment by the county. With the bill’s failure, there were concerns about how these resources would be justified, as well as the broader implications of circumventing existing laws related to court reporting.

The CCRA’s Legal Victory: County of Los Angeles v. Superior Court (Kusar) (1993)

The legal struggle surrounding electronic recording in California’s courts is not new. In 1993, the CCRA filed a lawsuit against the County of Los Angeles, arguing that the county had violated the law by using electronic recording equipment in courtrooms where court reporters were required. The case, County of Los Angeles v. Superior Court (Kusar), ultimately resulted in a victory for the CCRA, with the California Court of Appeal upholding the ruling that the county was in violation of existing laws.

The ruling in Kusar was based on Government Code § 69957, which prohibits the use of electronic recording in certain types of cases, including unlimited civil, probate, and family law cases, unless the parties involved agree to the use of such technology. The law explicitly requires that court reporters transcribe these proceedings to ensure an accurate record. Despite this clear legal mandate, the issue of electronic recording has continued to surface in various courtrooms across California, raising questions about whether the law is being followed.

The CCRA’s legal victory in Kusar established a precedent that reinforced the requirement for court reporters in cases that were not exempt under the law. However, recent developments, particularly the actions of LASC, have called this precedent into question. The ongoing legal battles and the potential for further litigation suggest that the issue of electronic recording in the courts is far from settled.

Government Code 69957: The Law Against Electronic Recording in Civil, Probate, and Family Law Cases

At the heart of this controversy is Government Code § 69957, a law that prohibits the use of electronic recording equipment in unlimited civil, probate, and family law cases. This law was enacted to ensure the accuracy and reliability of court records in cases where complex legal issues and significant financial stakes are at play. Court reporters, who are trained to accurately transcribe legal proceedings, are considered essential to maintaining the integrity of the judicial process in these types of cases.

The law has been in effect for several decades, and its purpose is to ensure that all parties in a legal proceeding have access to an accurate, verbatim transcript of the proceedings. This is particularly important in complex cases where the details of the trial are crucial to the outcome. Electronic recording systems, while useful in some circumstances, have been criticized for their inability to capture the nuances of legal testimony and arguments. Critics argue that such systems are prone to errors, and that they do not provide the same level of accuracy and reliability as a human court reporter.

Despite the legal restrictions outlined in § 69957, there has been a growing push in some courtrooms, particularly in Los Angeles, to use electronic recording equipment as a cost-saving measure. This has raised concerns among court reporters and other legal professionals, who argue that the law is being ignored in favor of expedience and cost-cutting measures. The CCRA has been vocal in its opposition to these efforts, citing the potential negative consequences for the legal system and the rights of individuals involved in court cases.

The Motive Behind Jessner’s Order: Justifying the Investment in Electronic Recording Equipment

In September 2024, LASC Presiding Judge Samantha P. Jessner issued a controversial order allowing the use of electronic recording in civil courtrooms, despite the clear restrictions outlined in Government Code § 69957. Jessner’s order came after the failure of SB 662, which had been viewed as a potential legal basis for implementing electronic recording in these courtrooms. According to reports from court clerks, all civil courtrooms at the Mosk Courthouse had been equipped with electronic recording systems, and clerks had already received training in how to use the equipment.

Given the significant financial investment made by LASC in these systems, it is believed that Jessner’s order was an attempt to justify the costs incurred by the county. The installation of recording equipment and the training of clerks had reportedly cost millions of dollars, and without the passage of SB 662, there was concern that these investments would go to waste. Jessner’s order, therefore, may have been motivated by a desire to justify these expenditures and ensure that the county’s investment in technology did not go unused.

Critics, however, argue that Jessner’s order represents an unlawful and unconstitutional attempt to circumvent established law. By allowing electronic recording in courtrooms where court reporters are required, Jessner’s order is seen as an effort to bypass the legal restrictions outlined in § 69957. This has led to allegations of fraud, as some judges have been accused of falsely claiming that § 69957 allows them to use electronic recording equipment in these cases.

Allegations of Fraud: Misleading Signs and False Claims in the Courtrooms

One of the most concerning aspects of this controversy is the allegation of fraud surrounding the use of electronic recording equipment in California courtrooms. Judges in some unlimited civil courtrooms, particularly in Los Angeles, have been displaying signs that claim Government Code § 69957 allows for electronic recording in these cases. These signs are misleading, as the law clearly prohibits the use of electronic recording equipment in such cases unless all parties involved agree to it.

The CCRA has been vocal in its criticism of these false claims, arguing that they are a violation of the law and a breach of the public’s trust in the legal system. The use of misleading signs in courtrooms is seen as an attempt to circumvent the law and push through the use of electronic recording systems, despite the legal restrictions that exist.

Further compounding the allegations of fraud is the claim that there is no actual shortage of court reporters in California. Jessner’s order was partly justified by the argument that there is a nationwide shortage of court reporters, but critics argue that this shortage is exaggerated and that the actual number of court reporters in California has been increasing in recent years. According to some reports, California has seen an increase of 750 court reporters, while the number of reporters lost to retirement or attrition has been relatively small, with a net loss of around 900.

Moreover, it has been alleged that LASC refused to hire court reporters last year, despite a growing number of applicants. According to some insiders, the court system hired only three new court reporters while rejecting at least 12 applicants who were qualified for the positions. These actions raise questions about the true motives behind the push for electronic recording and whether the shortage of court reporters is being used as a pretext for implementing a system that may be less accurate and more cost-effective for the county.

The Ducker Study and the Speech-to-Text Institute: Exposing the Fraud

A key part of the justification for using electronic recording in the courts was the Ducker Study, a report commissioned by the Trial Court Consortium in 2022. This report relied on data from the now-defunct Speech-to-Text Institute (STTI), which had predicted a significant shortage of court reporters. However, this forecast has since been discredited, with many court reporter bloggers and industry experts exposing the inaccuracies of the STTI’s claims. The STTI’s predictions were based on flawed and unverifiable data, leading to accusations of fraud within the court reporting industry.

The STTI’s former president, who was also the president of Stenograph, a company that manufactures steno machines, resigned from both organizations after the fraudulent claims were exposed. The STTI was eventually shut down, and its reports were discredited as part of a broader effort to mislead the public and the court system about the state of the court reporting profession.

The Future of Court Reporting: Legal and Constitutional Implications

The ongoing legal battles surrounding the use of electronic recording in California’s courts have far-reaching implications for the future of court reporting in the state and beyond. The controversy raises important questions about the role of court reporters in the judicial system, the integrity of the legal process, and the potential consequences of allowing electronic recording systems to replace human reporters.

As California grapples with these issues, other states are closely watching the outcome of this case, as the issue of electronic recording in courts has the potential to spread to other jurisdictions. If California, the most populous state in the nation, were to adopt electronic recording on a widespread scale, it could set a precedent for other states to follow, with potentially disastrous consequences for the accuracy and fairness of court proceedings.

Ultimately, the resolution of this controversy will have far-reaching implications not only for the legal profession but for the public’s trust in the judicial system. As the case unfolds, it is clear that the fight over the future of court reporting in California is far from over.

Conclusion

The battle over the use of electronic recording in California’s courts represents a complex legal and constitutional issue that touches on the heart of the judicial system’s integrity. The failure of SB 662, the legal victory of the CCRA in the Kusar case, and the recent actions of LASC have all contributed to a growing sense of unease about the future of court reporting in the state. As the controversy continues to unfold, it is essential for the legal community to carefully consider the implications of these developments and ensure that the rights of all parties involved in legal proceedings are upheld.

The potential for a constitutional crisis, as some have warned, is real, and the outcome of this case could have significant repercussions for the legal system not only in California but across the United States. Whether or not electronic recording will be allowed to replace human court reporters remains to be seen, but it is clear that the legal battle over this issue is far from over.

L.A. Superior Court’s Move to Electronic Recording: Legal Concerns and the Response from Court Reporters

In a controversial move, the Los Angeles Superior Court has recently authorized the use of electronic recording for a wide range of case types, despite the clear violation of California law. This decision, issued by Presiding Judge Samantha P. Jessner, has generated significant pushback from court reporters, legal professionals, and labor unions, who argue that the shift to electronic recording is unlawful, dangerous, and detrimental to the integrity of the legal system.

California law mandates that licensed court reporters provide verbatim transcripts of court proceedings to ensure the accuracy and fairness of the legal process. By replacing human reporters with electronic recording systems, the Los Angeles Superior Court is not only bypassing these legal requirements but also introducing a host of risks related to the reliability of the court record. Electronic recording systems, while efficient in some contexts, lack the human expertise necessary to handle the complexity of legal proceedings, putting the accuracy of transcripts at risk.

The Legal Violations and Ethical Concerns

The decision to rely on electronic recording in place of human court reporters is a direct violation of California law, which requires licensed reporters to transcribe legal proceedings in most case types. Electronic recording systems are prone to technical failures, inaccuracies, and an inability to capture the nuances of legal language. Furthermore, these machines cannot ask for clarification when something is unclear, potentially leading to incomplete or erroneous records.

Court reporters, by contrast, ensure that the record is accurate and reliable. They are trained to handle specialized legal terminology, to detect and correct errors, and to maintain a complete and accurate transcript. A flawed record — such as one produced by an electronic recording system — can undermine the fairness of trials, appeals, and other legal actions, ultimately denying individuals access to proper justice.

The ethical responsibility of maintaining an accurate, reliable court record is paramount. If the Los Angeles Superior Court is allowed to move forward with its decision, it could set a dangerous precedent that diminishes the role of human court reporters across the state. As the situation continues to unfold, many are questioning whether cost-saving measures are being prioritized over the integrity of the justice system itself.

The Manufactured Reporter Shortage

At the heart of the issue is the accusation that the shortage of court reporters in California is, in fact, a manufactured crisis. Critics argue that the Los Angeles Superior Court has systematically undermined the availability of qualified court reporters through layoffs and rejection of applicants, creating the illusion of a shortage to justify replacing human reporters with electronic systems.

The court’s failure to hire enough reporters, combined with a flawed hiring process, has led to a situation where the narrative of a “shortage” is being used as an excuse to implement substandard recording methods. Many experienced, qualified reporters have been turned away, even as the need for court reporters remains high. This manufactured shortage makes the court’s decision to use electronic recording seem like a foregone conclusion, but critics point out that the real issue is mismanagement and a refusal to prioritize proper staffing.

CCRA’s Response

In light of the Los Angeles Superior Court’s decision, the California Court Reporters Association (CCRA) has raised its voice in opposition. On September 5, 2024, CCRA President Brooke Ryan issued a public statement condemning the court’s actions and calling for the immediate reversal of the order. The CCRA argues that the decision to use electronic recording violates state law and sets a dangerous precedent for the future of the court reporting profession.

CCRA’s response highlights the significant flaws in the court’s reasoning, pointing out that the shortage of court reporters is not a natural occurrence but a direct result of the court’s previous actions — including layoffs and an exclusionary hiring process. CCRA has called on the Los Angeles Superior Court to engage in a dialogue with the labor unions and court reporters to find solutions that address staffing shortages while upholding the integrity of the court system.

The association has also emphasized that the Los Angeles Superior Court has been warned multiple times about the consequences of its actions. The move to electronic recording is seen as a calculated attempt to phase out human reporters in favor of machines, further eroding the quality of the legal record.

What Others Can Do

As this issue continues to develop, it is crucial for individuals who care about the integrity of California’s legal system to voice their concerns. The decision to allow electronic recording to replace licensed court reporters has far-reaching consequences for the fairness of the legal process, and it is essential for the public and legal professionals to take action.

  1. Contact the Los Angeles Superior Court: Concerned individuals can contact the Los Angeles Superior Court directly to express their opposition to the decision. Letters and emails can be sent to Presiding Judge Samantha P. Jessner, urging her to reverse the order and reconsider the impact of this decision on the accuracy and fairness of the court record.
  2. Support Court Reporters and Unions: Court reporters and their unions are at the forefront of this fight. Supporting their efforts, whether through petitions, public endorsements, or donations, helps amplify their message and puts pressure on the court to reconsider its stance.
  3. Engage with Legislators: California lawmakers have the power to step in and help address this issue at the state level. By contacting local representatives and urging them to take action to protect the role of human court reporters, concerned citizens can help prevent this dangerous trend from spreading.
  4. Raise Public Awareness: Social media and public forums are powerful tools for raising awareness of the issue. Sharing information about the consequences of replacing court reporters with electronic systems can help inform the public and rally support for the cause.

The Path Forward

The decision to move toward electronic recording is more than just a technical shift — it is a legal and ethical challenge that could have long-lasting consequences for the legal system in California. If the Los Angeles Superior Court’s decision is allowed to stand, it could lead to a significant erosion of the role of court reporters in the state, ultimately undermining the quality and fairness of the court record.

As court reporters, legal professionals, and concerned citizens continue to push back, the hope is that the Los Angeles Superior Court will reconsider its decision and work toward a solution that ensures a sufficient number of qualified court reporters are hired and retained. In doing so, California can maintain the integrity of its legal system and protect the rights of all those who rely on a fair and accurate court record.

The next few months will be critical in determining the future of court reporting in California. With continued advocacy and public pressure, there is still hope for a positive resolution to this ongoing issue.

The Impact of Corporate Mergers on the Court Reporting Industry: A Growing Crisis

The court reporting industry is facing a crisis that has been brewing for years, largely driven by the unchecked consolidation of power among a few major companies. Over the last several years, large corporations, most notably Veritext, have been acquiring smaller court reporting firms at an alarming rate. These mergers and acquisitions are fundamentally altering the landscape of the industry, creating confusion, inflating prices, and undermining the quality of services provided to consumers. What was once a diverse and competitive market is quickly being monopolized, leading to detrimental effects on workers, consumers, and small businesses alike.

This issue has reached a point where industry insiders, reporters, and consumers alike are voicing their concerns to regulatory bodies such as the Federal Trade Commission (FTC), urging them to take action. In this article, we will explore how these mergers have harmed competition in the court reporting industry, the consequences for those who rely on these services, and what can be done to address the crisis.

The Rise of Corporate Giants in Court Reporting

The court reporting industry, while small compared to other sectors, plays a crucial role in ensuring accurate legal records. Historically, it was made up of independent contractors and small businesses providing high-quality transcription services to courts, law firms, and other legal entities. However, in recent years, large corporations, including Veritext, U.S. Legal Support, and Stenograph, have begun purchasing these smaller firms, consolidating market power and creating a highly centralized network of companies that control the majority of court reporting services.

Veritext, in particular, stands out as the largest player in the industry. Its aggressive strategy of acquiring smaller competitors has allowed it to establish a near-monopoly in many regions. This trend has led to a situation where consumers and small businesses alike are left wondering whether they are interacting with an independent entity or one of Veritext’s subsidiaries. This lack of transparency is a significant issue, as it prevents consumers from making informed choices about the services they purchase and undermines the competitive nature of the market.

The Hidden Costs of Consolidation: Price Inflation and Poor Service

One of the most significant impacts of these corporate mergers is the rising cost of court reporting services. Traditionally, court reporters were paid a reasonable rate for their work, and the costs passed on to consumers were reflective of this. However, as large companies like Veritext have taken over, prices have skyrocketed.

For example, where a court reporter might traditionally charge $4.00 per page, consumers are now seeing final bills that can reach $37 per page. This exorbitant markup is often hidden from view, with consumers unaware of the true cost until after services are rendered. The large companies rely on the hope that clients will not dispute these inflated charges, taking advantage of their market dominance to extract more money from consumers. This practice not only harms consumers financially but also creates a situation where small, independent reporters and firms struggle to compete, as they cannot match the pricing power of the corporate giants.

Furthermore, the consolidation of the industry has led to a decline in the quality of services provided. As companies grow larger through acquisitions, they may prioritize profit margins over the quality of their work. The result is a less personalized service and, in some cases, errors in transcription or delays in delivering transcripts. In an industry where accuracy and timeliness are paramount, these issues can have serious consequences for legal proceedings and, ultimately, the integrity of the justice system.

The Stifling of Innovation and Competition

Mergers and acquisitions in the court reporting industry have not only inflated prices and reduced quality but also stifled innovation. In a competitive market, smaller firms often drive innovation by introducing new technologies, improving efficiency, or offering specialized services. However, as the industry becomes more consolidated, the incentive to innovate diminishes. The large corporations that dominate the market have little motivation to invest in new technologies or improve their services when they already control the majority of the market share.

Moreover, the consolidation of power among a few key players has made it increasingly difficult for new entrants to break into the market. The inflated valuations of court reporting businesses, driven by the purchasing strategies of these corporate giants, have made it impossible for smaller entrepreneurs to enter the field. This has created a situation where only a handful of large corporations control the majority of the market, leaving little room for competition and innovation.

The Impact on Workers: Independent Contractors and the Misclassification Crisis

Another significant consequence of the consolidation in the court reporting industry is the impact on workers. The vast majority of court reporters are classified as independent contractors, which means they are responsible for their own taxes, benefits, and other business-related expenses. While this arrangement has been common in the industry for years, the rise of large corporations has created a situation where many workers are left vulnerable to exploitation.

These corporate giants rely heavily on independent contractors to provide their services, but at the same time, they are able to avoid their legal responsibilities to these workers. Many of these companies do not withhold taxes as required by law, leaving workers with the burden of paying their own taxes at the end of the year. Additionally, independent contractors often have little recourse if they are unfairly treated or blacklisted by a major corporation. The fear of being blacklisted from work opportunities is a significant issue for many court reporters, especially as the larger companies use their market power to intimidate those who speak out against their practices.

The misclassification of workers as independent contractors is a growing problem in the court reporting industry, and it is one that has largely gone unchecked by regulators. While the issue has been brought to the attention of law enforcement and regulatory bodies, there has been little action taken to address the misclassification and ensure that workers are treated fairly. This lack of oversight only exacerbates the challenges faced by court reporters, many of whom struggle to make ends meet in an increasingly hostile and monopolized market.

The Disruption of the Education and Training Pipeline

The consolidation of the court reporting industry has also had a significant impact on the education and training pipeline for future court reporters. As large companies continue to dominate the market, there is less incentive for them to invest in the next generation of stenographers. This has led to a situation where many aspiring court reporters are left without clear guidance on how to enter the profession or find stable work opportunities.

Furthermore, the influx of workers into the industry, driven by the purchasing power of these large corporations, has led to a glut of court reporters entering the field. With fewer opportunities available and wages being driven down by the corporate giants, many students who have invested time and money into stenographic education find themselves unable to secure work at reasonable rates. This has created a cycle where aspiring court reporters are left with little return on their investment in education, while the larger corporations continue to expand their dominance.

The Need for Regulatory Action: Protecting Consumers and Workers

The consolidation of the court reporting industry has led to significant harm for consumers, workers, and small businesses. As major corporations like Veritext, U.S. Legal Support, and Stenograph continue to acquire smaller firms, the market becomes increasingly monopolized, and competition is stifled. Prices rise, quality declines, and workers are left vulnerable to exploitation. The lack of oversight and regulation has allowed these companies to operate without accountability, while consumers and workers are left to bear the brunt of their actions.

It is clear that regulatory action is needed to address the growing crisis in the court reporting industry. The Federal Trade Commission (FTC) and other regulatory bodies must investigate the mergers and acquisitions taking place in the industry and take steps to ensure that competition is preserved. Additionally, there must be greater oversight of worker classification and protections for independent contractors, as well as efforts to ensure that court reporters are paid fairly for their work.

Consumers, workers, and small businesses should not be left at the mercy of a few corporate giants who prioritize profits over service, fairness, and innovation. The court reporting industry must be held accountable, and steps must be taken to restore competition, ensure fair wages for workers, and protect consumers from unfair pricing practices. Only through effective regulation and oversight can the industry hope to return to a more equitable and competitive state.

Conclusion

The court reporting industry is at a crossroads. The unchecked consolidation of power among a few large corporations has led to a host of problems, from inflated prices and poor service to worker exploitation and stifled innovation. The impact of these mergers has been felt by consumers, workers, and small businesses alike, and it is clear that action must be taken to address the growing crisis.

Regulatory bodies like the FTC have an important role to play in protecting competition and ensuring that the court reporting industry remains fair, transparent, and competitive. By taking action to address the harmful effects of corporate consolidation, we can ensure that the industry serves the needs of all stakeholders, not just the interests of a few large corporations. Only then can the court reporting industry fulfill its vital role in the legal system without sacrificing fairness, quality, or accessibility.

COURT REPORTER CEO on Attorneys who don’t pay for transcripts: “These are Shoplifters.”

A growing debate surrounding the cost of court transcripts has led to a sharp outcry from court reporting industry leaders, with one CEO describing attorneys who refuse to pay for transcripts as “shoplifters.” This fiery comment has stoked tensions between court reporters, attorneys, and the legal community at large.

The CEO of Cassandra Caldarella, CSR 13127, Inc., and CoverCrow, Inc., two companies that play crucial roles in the court reporting industry and the technology supporting it, has come forward to defend the profession. In a recent interview, she responded vehemently to the accusations that court reporters are gouging customers with high transcript fees, accusing some attorneys of cheating the system by not paying for transcripts at all.

These remarks come amid rising concerns about how court reporting services are treated in the legal space. Just as airlines have recently come under fire for “squeezing” customers for hidden fees—according to a Senate investigation report—court reporters are grappling with similar criticisms, but from the legal community. As attorneys push back against what they see as excessive charges for transcripts, some are resorting to methods that the CEO says are simply dishonest.

Caldarella’s remarks have stirred controversy within both the court reporting and legal industries. She emphasized that “these are shoplifters, these are people that are stealing,” arguing that attorneys who share transcripts or refuse to pay for them are undermining the integrity of the profession. “It’s not equitable to everyone who follows the rules,” she added, highlighting the unfairness faced by those who respect the system.

The dispute has become a flashpoint in the ongoing tension between the costs associated with legal processes and the fees charged by those who provide essential services to the justice system.

The Rising Costs of Court Transcripts: Are Court Reporters “Gouging” the System?

Court reporters perform a critical role in the legal system by documenting and transcribing court proceedings, depositions, and other legal events. The transcripts they produce serve as the official record and are essential for appeals, motions, and other critical legal decisions. For the work and expertise involved, it’s no surprise that court reporters charge a fee for these services.

However, the cost of court transcripts has long been a point of contention within the legal community. Attorneys and other legal professionals often argue that the fees for these transcripts are excessive, especially in high-volume litigation or in cases where extensive records are required. In some instances, these costs can run into the thousands of dollars, leading many to question whether court reporters are profiting excessively from their work.

The accusation that court reporters are “gouging” their customers has become a familiar refrain in the legal industry, particularly in the context of high-stakes litigation where every document is critical to the case. Attorneys have long pressed for more transparency around these fees and have called for greater competition in the industry in order to drive down prices.

In recent months, however, the debate has become more pointed. Attorneys who are unwilling to pay for transcripts have been accused of attempting to bypass the system altogether, either by sharing transcripts without compensation or by looking for loopholes to avoid paying for the full costs of the services they receive. These actions have prompted a stern response from court reporting professionals, with Caldarella among the most vocal critics.

The CEO’s Response: “These Are Shoplifters”

In the interview, Caldarella drew a direct parallel between attorneys who refuse to pay for transcripts and those who engage in petty theft. “These are shoplifters,” she said, accusing those attorneys of attempting to steal from court reporters who depend on the revenue generated by transcript fees to maintain their businesses. “It’s not just about the money; it’s about respect for the service, the effort, and the skills involved in producing these documents.”

Caldarella’s comment is a direct rebuke to the accusations of profiteering that have dogged court reporters in recent years. She argues that the work involved in producing court transcripts is often far more complex and time-consuming than it might appear at first glance. Court reporters must not only transcribe the spoken word accurately but also ensure that the transcripts meet legal standards for admissibility in court, which requires both skill and attention to detail.

“It’s easy for someone sitting in an office to criticize the costs involved in transcription,” Caldarella said, pointing out that the work of court reporters often involves long hours, complex technology, and professional expertise. “But those costs aren’t just about paying for a piece of paper. They reflect the time and resources that go into making sure the record is accurate and legally sound.”

For many court reporters, the revenue generated by transcript fees is crucial to staying in business, particularly as the costs of doing business—technology, training, and overhead—continue to rise. Yet, as demand for court reporting services grows, the issue of fees has only become more contentious.

Legal and Industry Response: The Tension Between Attorneys and Court Reporters

The growing discontent between court reporters and attorneys over transcript fees mirrors a broader trend seen in industries across the economy, such as airlines and telecommunications. Just as a recent Senate investigation criticized airlines for squeezing customers with hidden fees and exorbitant charges, the court reporting industry finds itself facing similar allegations from attorneys who feel that the system is stacked against them financially.

Earlier this year, a Senate investigation report highlighted the billions of dollars airlines have collected in fees beyond the cost of airfare. Executives from those airlines were summoned to Washington, D.C., to defend their business practices in front of a Senate panel. Similarly, as the legal community continues to debate the cost of court transcripts, industry leaders like Caldarella are stepping up to argue their case.

Just as the airline industry faces accusations of using hidden fees to generate additional revenue, court reporters are increasingly caught in a debate over how much their services should cost. But while some attorneys argue that court transcript fees are inflated, Caldarella and other court reporters defend the necessity of these charges, which they say reflect the high value and importance of accurate legal records.

“It’s the same kind of mentality you see with airlines and their extra charges,” Caldarella explained. “People want the convenience and service, but they don’t want to pay for it. That’s not fair to those of us who are working hard to provide a vital service.”

The Larger Issue: Systemic Challenges Facing the Legal Industry

The dispute over transcript fees highlights a broader issue within the legal industry: the tension between cost and accessibility. Legal services are notoriously expensive, and the high costs associated with litigation can price out many individuals and small businesses from accessing the justice system. In this environment, every additional charge—whether it’s for court transcripts, filing fees, or other legal costs—adds to the financial burden.

As the legal community grapples with these challenges, the voices of court reporters like Caldarella are becoming more prominent. While her remarks may have been extreme, they reflect a growing frustration among those in the profession who feel they are being unfairly targeted by attorneys and other legal professionals.

For her part, Caldarella argues that without fair compensation for their work, court reporters will not be able to continue providing the essential services that the legal system depends on. As the debate continues to evolve, one thing is clear: both sides must come to terms with how to balance fairness, transparency, and the costs associated with the provision of legal services.

Conclusion: The Need for Fairness in Court Reporting

The controversy over transcript fees is likely to continue for the foreseeable future, but it also highlights an underlying issue in many industries today: the challenge of balancing the need for fair compensation with the desire for affordable services. Just as the airline industry has faced scrutiny for its pricing practices, court reporting companies are fighting to protect their livelihoods against a backdrop of rising costs and increased demand.

Caldarella’s outspoken defense of court reporters as essential service providers underscores the need for respect and fair compensation in every industry. Whether in the courtroom or the skies, the basic principle remains the same: those who provide valuable services should be paid fairly for their expertise and effort. And as this debate continues, it is clear that the fight for fairness will only intensify.

All That Glitters is Not Gold

The 50 Shades of Steno Imposters And How They’re Getting Away With It Undetected

The legal profession is one of the pillars of modern society, often regarded as the embodiment of trust and professionalism. Among the critical components of the legal process is stenography, or “steno,” the practice of using shorthand to transcribe verbatim speech quickly and accurately. Court reporters, equipped with specialized equipment and skills, play an essential role in capturing everything that happens in a courtroom and in deposition settings, ensuring that every word is preserved for future reference.

However, like any other profession, the world of steno is not immune to challenges such as fraud, deception, and impersonation. In recent years, an alarming trend has emerged, with more and more so-called “steno imposters” infiltrating the field. These individuals, who lack the necessary training or certification, are passing themselves off as qualified court reporters. Their presence has raised serious concerns about the accuracy and integrity of legal transcriptions, with many cases slipping through the cracks unnoticed.

In this article, we will explore the different types of steno imposters, their methods for deceiving others, and how they manage to get away with it undetected. We will also examine the consequences of these fraudulent activities on the legal profession, the justice system, and the public at large.

The Rise of Steno Imposters: Who Are They?

Stenographers, by nature, are highly specialized professionals who undergo rigorous training to master their craft. In order to become certified, they must pass examinations that assess both their technical ability to use shorthand and their knowledge of legal terminology. However, as with many fields, a small but growing number of individuals are attempting to bypass these qualifications.

Steno imposters fall into several categories, each with their own unique methods of infiltration. Some of the most common types of steno imposters include:

1. The Unqualified “Fake Reporter”

These individuals claim to be certified stenographers, using forged credentials or false representations to convince others that they have the required training. They may present fake diplomas, membership in nonexistent associations, or even forged certification documents in order to secure work in courts, depositions, or other legal settings. These imposters often rely on their ability to speak the “language” of stenography, using jargon and technical terms that they have memorized, but lacking the true competence to transcribe effectively.

2. The Under-Qualified “Near-Miss”

Some imposters have attempted to pass certification exams but failed to do so. However, they still manage to convince employers and clients that they are qualified. They may use a variety of excuses for their failure to obtain certification, such as claiming they were “almost there” or that they “just need one more exam to pass.” These individuals often lack the speed or accuracy required to be a reliable stenographer, but they manage to slip through the cracks due to their persistence or charm.

3. The “Tech Savvy” Fraudster

With the increasing reliance on technology in the legal field, some imposters take advantage of advancements in speech recognition software or other tools to impersonate qualified stenographers. These fraudsters use AI-powered software to transcribe speech in real-time, presenting a polished transcript without ever having to learn the art of stenography themselves. While this technology can be incredibly helpful, it’s often unreliable and inaccurate, especially in legal contexts where precision is paramount. Yet, many individuals are able to pass off these automated transcriptions as legitimate, making it difficult for clients or legal professionals to detect the fraud.

4. The “Untrained Temp”

In some cases, steno imposters are simply people who are untrained or undertrained, but find their way into the profession due to a lack of qualified stenographers in certain areas. These individuals may be hired as temporary workers or substitutes, filling in for certified professionals who are unavailable. However, because they lack the skills necessary for the role, they often make errors that go unnoticed until later, when a transcript is reviewed or a critical error is uncovered.

5. The “Plausible Deniability” Con Artist

These imposters are often savvy con artists who know how to take advantage of the system. They carefully cultivate an air of respectability, frequently changing locations and employers to avoid detection. Their tactics include providing just enough proof of their credentials or offering testimonies from clients that support their false claims. They are masters of manipulation and often rely on the lack of a centralized database of stenographers to keep their fraudulent activities under the radar.

How Are They Getting Away with It?

Despite the sophistication of modern stenography tools and techniques, these imposters continue to operate undetected in the field for a number of reasons.

1. Lack of Verification and Oversight

One of the key reasons why steno imposters are able to operate without being caught is the absence of stringent verification processes. Unlike other professions, there is no universal, central database where employers or clients can easily verify the credentials of stenographers. In some cases, these imposters may have worked for multiple employers who never checked their certification status, enabling them to continue with their fraudulent activities.

2. The Pressure for Affordable Services

There is a growing demand for court reporters and stenographers, but the costs associated with hiring qualified professionals can be prohibitive for some clients. This has led to a market where some employers are willing to accept lower rates, creating opportunities for imposters to sneak in. They promise high-quality services at a fraction of the cost, making it harder for clients to resist the temptation to hire them. This situation has created an environment in which a low price point is often valued more than the quality or reliability of the service.

3. Tech Solutions Masking Incompetence

Some of the aforementioned “tech savvy” fraudsters use automated transcription services or voice recognition software to mimic real-time stenography. While these tools can certainly assist professionals in capturing speech, they cannot replace the nuanced understanding of context, punctuation, and legal terminology that a trained stenographer provides. However, because the technology has become more advanced, it’s difficult for clients to distinguish between an automated service and a skilled professional without conducting thorough audits of the final transcript.

4. Subtle Errors and “Close Enough” Quality

Many steno imposters don’t make glaring errors, but instead make subtle mistakes that go unnoticed until much later. Minor transcription errors can be difficult to detect in the fast-paced environment of a courtroom, especially when they don’t significantly alter the meaning of the text. An imposter may even go unnoticed for years if they continue to make only small, inconsequential mistakes.

5. Difficulties in Reporting and Enforcement

Even when the fraud is discovered, reporting it can be complicated. Many clients are hesitant to make accusations without solid evidence, and some are even unaware that they have been taken advantage of. This leads to a lack of formal complaints, which in turn means there is little enforcement against fraudulent stenographers. Without a reliable reporting system in place, it’s difficult for authorities or professional organizations to act swiftly and decisively to remove imposters from the field.

The Consequences of Steno Impostors

The consequences of having unqualified or fraudulent stenographers in the field are far-reaching. First and foremost, accuracy in legal transcriptions is paramount. Mistakes, however small, can have severe consequences in court proceedings, potentially altering the course of a trial, leading to wrongful convictions, or undermining the fairness of legal proceedings.

Additionally, these imposters undermine the integrity of the legal profession as a whole, making it harder for legitimate stenographers to earn trust and respect. The presence of fraud in this field also damages the public’s faith in the legal system, as the public becomes aware that there are individuals who are impersonating professionals and jeopardizing the justice process.

How to Detect and Prevent Steno Impostors

Combating the rise of steno imposters requires a multi-faceted approach. Increased vigilance, thorough credential verification, regular audits of transcripts, and better education and training for stenographers are all essential steps in tackling this issue. Legal professionals and clients alike must become more proactive in identifying potential frauds, and taking action when they spot discrepancies.

Ultimately, maintaining the integrity of the steno profession requires a concerted effort from all parties involved, from the certification bodies to the legal teams hiring court reporters. Only through vigilance and cooperation can the shades of imposter stenographers be uncovered and eradicated for good.

Supporters Threaten Violence Against Whistleblower Over Exposé

Shaunise Day supporters tried to identify and threatened violence against the StenoImperium blog author who called out the illegal and unethical business practices of the branded entity known as Steno In The City (registered trademark), of which Shaunise Day is the founding officer, CEO, President.

The StenoImperium blog has operated anonymously to ensure the author’s safety and to keep the focus on the content rather than the individual behind it. However, Day took to her private Facebook page, rallying her followers to uncover and “dox” the blogger—a process involving the public release of private personal information. Within an hour, her supporters complied, posting a mix of false accusations, speculation, derogatory comments, libelous and criminally harassing statements against the blogger.

As the number of defamatory posts climbed to 92, Day escalated the harassment by inviting the blogger to become a Facebook friend and tagging them in the post, ensuring they could directly witness the vitriol. The situation quickly spiraled, amassing 322 posts filled with libelous and threatening rhetoric, with clear intent to inflict severe emotional distress on the targeted blogger.

Recognizing the gravity of the situation, the blogger documented the defamatory and criminally harassing posts, preserving them as evidence for potential legal action. Shockingly, some of these posts came from prominent community leaders and past and present presidents of state court reporting associations. Though the post was deleted within hours, the blogger had already safeguarded the evidence, anticipating the inevitable deletion by those complicit in the harassment.

Day further escalated the threats by disclosing details about upcoming trade shows the blogger planned to attend and their place of employment, urging her followers to confront them in person. Phrased as expressions of “love” and “attention,” these statements were thinly veiled calls for harassment, verbal assaults, and potentially physical violence. Social media is now awash with threats against the blogger’s safety, livelihood, and career.

“FAFO” stands for “Fuck Around and Find Out”

Fortunately for StenoImperium, Day’s influence within the stenography community remains minimal. Until recently, her following was limited to a couple hundred individuals, and her social media activity suggests she artificially boosted her reach by following the same users as the anonymous blogger. SITC’s (short for Steno In The City – trademarked) Facebook page has only 1.2k followers, while the anonymous blogger’s industry-related groups boast memberships exceeding 5,000 each, with a database mailing list nearing 10,000 subscribers.

Day and her supporters’ actions serve as a cautionary tale of the dangers of online harassment and the toxic power of social media mobs. However, their efforts to silence criticism through intimidation have backfired, further exposing their unethical conduct.

Day’s reckless behavior has not only damaged her own credibility but has also alienated potential supporters who now see her as a liability. Her actions, rooted in harassment and intimidation, will likely result in legal consequences, further diminishing whatever influence she once had. As word spreads of her tactics, professional organizations and industry leaders will distance themselves to protect their own reputations. The long-term impact of her aggressive and criminal behavior will be a self-inflicted downfall, serving as a stark warning to others who attempt to suppress truth through coercion.

The StenoImperium blog stands resilient, undeterred by the bullying tactics of a small but vocal group. Transparency and truth will always outlast intimidation and deceit, and this incident only solidifies the blogger’s mission to uphold integrity within the stenography community.

(My use of the phrase ‘Steno In The City’ is purely descriptive and used solely to refer to the trademark holder in the context of journalistic critique and commentary. No content on the site implies affiliation, endorsement, or partnership with the trademark holder.)

(Steno In The City is a registered trademark of its respective owner. This blog is not affiliated with or endorsed by that brand.)

Corporate Sponsorships Solicited by a For-Profit Steno, LLC, but with No Business Entity in California

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Influence Over Truth: The Rise of Public Manipulators

A master manipulator has used her social media influence in the stenography community to spread false narratives, stoking public hate and racial tensions. She took advantage of her perceived authority to incite hate and manipulate public perception. Her fabricated “Stenographer” or “Student” title created a veneer of credibility, enabling her to channel funds into personal projects. From behind the scenes, this person used the power of social media to amplify falsehoods. Her position as a trusted figure, entrusted to participate in organizing student events for the NCRA, National Court Reporters Association, allowed her to shape public opinion with little accountability. Through carefully crafted stories, she manipulated the truth, fueling distrust for those who questioned her unethical business practices and illegal use of volunteers. Her actions illustrate how unchecked public and social media influence can shape false narratives, with devastating consequences for those targeted.

In today’s digital age, the power of social media is undeniable. Platforms designed to connect individuals and foster communication have, in many instances, become tools for manipulation, misinformation, and the distortion of truth. The case of this unnamed woman serves as a poignant example of how unchecked influence can lead to the spread of false narratives, incitement of hate, and the erosion of public trust.

The Allure of Authority

Unnamed Woman X, hailing from Oakland, California, positioned herself as a passionate advocate for the stenography profession. She founded a podcast, a website, a company that she actively brands, throws multiple events per year, and created an app, all platforms aimed at promoting the court reporting and captioning profession. Her involvement with the National Court Reporters Association (NCRA), serving on various committees, further solidified her standing in the community.

However, beneath this veneer of credibility lay a more sinister agenda. She leveraged her perceived authority to disseminate false narratives, stoking public hate and racial tensions. By fabricating titles such as “Stenographer” or “Student,” she created an illusion of expertise, enabling her to channel funds into personal projects under the guise of professional development.

The Mechanics of Manipulation

Her strategy was multifaceted. She utilized her platforms to craft stories that resonated with her audience’s emotions, often playing on existing societal divisions. By presenting herself as a trusted figure within the NCRA, she was able to shape public opinion with little accountability. Her involvement in organizing student events provided her with a platform to influence aspiring professionals, further entrenching her narratives.

This manipulation was not limited to her direct audience. Through the amplification of her messages on social media, she reached a broader audience, spreading misinformation far and wide. The rapid dissemination of her narratives made it challenging for individuals to discern truth from falsehood, leading to widespread confusion and mistrust.

The Broader Implications

Her actions are emblematic of a larger issue plaguing modern society: the rise of public manipulators who exploit social media to distort reality. A report from the University of Oxford highlighted that organized social media manipulation campaigns were found in 81 countries, with governments, public relations firms, and political parties producing misinformation on an industrial scale.

The tactics employed in these campaigns often involve planting or amplifying misinformation using human agents or digital tools, targeting public figures for psychological manipulation, and gaming algorithms to force topics into public conversation.

These methods create an environment where false narratives can thrive, leading to the erosion of public trust and the polarization of societies.

The Role of Social Media Platforms

Social media platforms have become the battlegrounds where these manipulative campaigns unfold. Despite efforts to curb misinformation, manipulation services continue to outperform platform countermeasures. A study by the NATO Strategic Communications Centre of Excellence found that 89% of manipulation across platforms was delivered within 24 hours, with the vast majority remaining active weeks after delivery.

This rapid dissemination and the platforms’ delayed response times allow false narratives to gain traction, making it difficult to reverse the damage once the truth emerges. The algorithms that govern content visibility often prioritize engagement, inadvertently promoting sensational or divisive content, further exacerbating the problem.

The Human Cost

The consequences of such manipulation are profound. Individuals and communities targeted by false narratives often experience harassment, discrimination, and violence. In Day’s case, her actions fueled distrust towards those who questioned her unethical business practices and illegal use of volunteers. This not only harmed individuals but also undermined the integrity of the stenography profession as a whole.

Moreover, the spread of misinformation contributes to societal polarization, as communities become entrenched in opposing beliefs based on false premises. This division hampers constructive dialogue and makes it challenging to address pressing societal issues collaboratively.

The Path Forward

Addressing the rise of public manipulators requires a multifaceted approach:

  1. Enhanced Platform Accountability: Social media companies must invest in more robust mechanisms to detect and remove false narratives swiftly. This includes improving algorithmic transparency and prioritizing content accuracy over engagement metrics.
  2. Public Education: Educating the public on media literacy is crucial. By equipping individuals with the skills to critically assess information sources, the impact of misinformation can be mitigated.
  3. Regulatory Oversight: Governments should establish regulations that hold individuals and organizations accountable for deliberately spreading false information. This includes implementing penalties for those found guilty of such actions.
  4. Community Engagement: Building resilient communities that value truth and transparency can serve as a bulwark against manipulation. Encouraging open dialogue and fostering trust within communities can reduce the susceptibility to false narratives.

Conclusion

The case of this imposter woman in the steno industry underscores the dangers posed by individuals who exploit their influence to manipulate public perception. In an era where information is abundant, discernment becomes paramount. Society must remain vigilant, holding both individuals and platforms accountable to ensure that truth prevails over manipulation.

Court Reporting in Crisis: Profits Over Justice

The New Gold Rush – court reporting agencies trade stenographers for profits and endanger the entire legal industry!

The legal industry is facing an unprecedented crisis, one that has remained largely under the radar, yet threatens the very foundation of the judicial process. Court reporting agencies, once dedicated to the integrity of legal transcription, have shifted their focus away from skilled stenographers in favor of cost-cutting alternatives that prioritize profits over accuracy. This new gold rush—where corporations exploit digital recording and offshore transcription services at the expense of trained stenographers—poses a grave danger to justice itself.

The Decline of Stenographers in Courtrooms

Historically, stenographers have been the backbone of courtroom proceedings. Their specialized training, which requires years of rigorous practice, enables them to transcribe legal proceedings with near-perfect accuracy in real-time. Certified Shorthand Reporters (CSRs) not only ensure every word is captured, but also provide instant readbacks and certify transcripts as official records.

However, the legal industry is now witnessing a sharp decline in stenographic professionals. According to the National Court Reporters Association (NCRA), the industry faces a shortage of more than 5,000 stenographers across the U.S., with many leaving due to low pay, lack of job security, and the rise of alternative transcription methods. But rather than invest in training new stenographers, court reporting agencies are accelerating their shift toward digital court reporting—a move that comes with significant risks.

The Rise of Digital Court Reporting and Its Pitfalls

In a bid to cut costs, many court reporting agencies are replacing skilled stenographers with digital recording systems and untrained transcribers. These digital court reporters (DCRs) rely on audio recordings, which are later transcribed either by software or outsourced personnel, often in countries with no legal oversight.

While these methods may seem cost-effective on the surface, they come with alarming downsides:

  • Accuracy Issues: Unlike stenographers, who capture speech verbatim in real-time, digital recorders often struggle with overlapping voices, background noise, and technical malfunctions. Poor-quality audio results in incomplete or inaccurate transcripts, which can impact legal decisions.
  • Lack of Certification: Digital court reporters do not undergo the same rigorous certification process as stenographers, leading to a lower standard of accuracy and accountability.
  • Security Risks: Many agencies outsource transcription to offshore workers, raising concerns about data security and the confidentiality of sensitive legal records.
  • Legal Challenges: Courts rely on certified transcripts as official records, but digitally transcribed proceedings frequently contain errors or omissions that can jeopardize cases, leading to appeals and retrials.
  • Lack of Judicial Oversight: Court reporters play an indispensable role in ensuring judicial oversight and the overall accountability of the justice system. Their transcripts serve as the permanent, unalterable record of courtroom proceedings, which is crucial for monitoring not only the fairness of the trial, but also for documenting any potential judicial misconduct. If a judge behaves improperly, it is often the court reporter’s record that enables the Judicial Council to investigate and address such actions. Without an accurate record, judges could act without oversight, knowing their words and decisions are not being reliably captured, potentially leading to unchecked abuse of power.
  • Moreover, in the appellate process, a court reporter’s transcript serves as the foundation for a higher court to review and potentially overturn a trial decision. If this record is compromised by inaccuracies or missing details due to the rise of unreliable technology or unqualified individuals, the foundation of appeals collapses. In essence, court reporters safeguard against the concentration of unchecked power in the hands of judges, ensuring that no one, including judges, can escape accountability. Without their vital work, the system of checks and balances within the courts would be severely weakened, ultimately threatening the very foundation of justice.
  • With digital or electronic recording systems owned and controlled by the court itself, there is a serious risk of manipulation, tampering, or outright destruction of records, especially in cases where the court or individuals involved may want to cover up negligence or misconduct. In the case of the Waukesha, WI Christmas Parade tragedy on November 21, 2021, for instance, if a court were guilty of negligence or mishandling the case, there would be nothing preventing them from deleting or altering digital records, either intentionally or as a result of poor system oversight. Unlike stenographic records, which are permanent, time-stamped, and verifiable by multiple parties, digital records are much more vulnerable to being erased, edited, or lost without anyone ever knowing.
  • This lack of permanence and transparency in digital records creates an environment where accountability is compromised. Stenographers, on the other hand, create a physical, independent record that is much harder to tamper with or destroy, ensuring that courts can be held accountable for their actions—whether that’s the handling of evidence, testimony, or even the conduct of judges. If courts have control over digital systems, there is no safeguard to prevent them from manipulating records to cover up their own errors or misconduct, which poses a direct threat to judicial oversight and the fundamental principles of justice.
  • In cases like Waukesha, WI, the importance of maintaining an accurate and untouchable record is even more urgent, as any erasure or alteration could deprive victims, families, and the public of the truth—and prevent a fair investigation or appeal. This highlights the irreplaceable role that human court reporters, with their professional expertise and independent records, play in ensuring justice is served and accountability is maintained.

Corporate Greed at the Heart of the Crisis

The shift away from stenographers is not driven by necessity, but by profit. Many court reporting agencies are now owned by private equity firms and large corporations, whose primary goal is maximizing shareholder returns, rather than ensuring judicial integrity. These entities view stenographic services as an unnecessary expense and prioritize methods that increase profit margins, even at the risk of compromising justice.

The so-called “court reporting shortage” has been strategically fabricated by the Speech-to-Text Institute (STTI) and certain big box agencies to serve their financial interests. By pushing this narrative, agencies justify replacing certified stenographers with unreliable digital alternatives, boosting their own profits while reducing accuracy in legal records. STTI, backed by digital reporting proponents, falsely claims a crisis to drive courts toward inferior technology. In reality, thousands of skilled stenographers are available, but agencies refuse to pay fair wages. Court reporter wages have not kept pace with inflation for over 50 years, further discouraging new professionals. This manufactured shortage undermines justice, prioritizing corporate greed over verbatim accuracy and the integrity of the legal system.

Rather than invest in recruitment and training programs for new stenographers, these agencies lobby for legislation that supports digital court reporting, despite overwhelming evidence that it is an inferior alternative. Some states have even begun relaxing certification requirements, allowing anyone with minimal training to work as a court reporter, further degrading the profession’s standards.

The Real-World Consequences of Digital Court Reporting

The dangers of replacing stenographers with digital alternatives are not hypothetical—they have already led to serious legal repercussions. Cases across the country have suffered due to transcription errors, missing testimony, and audio failures that rendered entire proceedings invalid. Some of the most glaring issues include:

  • Criminal Trials in Jeopardy: In one case, a defendant’s appeal was delayed for years because the digital transcript contained numerous gaps and inaudible sections, preventing an accurate review of the trial record.
  • Civil Lawsuits at Risk: Businesses and individuals have faced costly delays when transcripts failed to accurately reflect testimony, forcing parties to go through expensive and time-consuming re-litigation.
  • Judge and Attorney Frustration: Legal professionals have voiced concerns that the lack of real-time readbacks—something stenographers provide instantaneously—slows down proceedings and hampers effective advocacy.

The Fight to Save Stenography

Despite these challenges, the legal community is pushing back against the profit-driven erosion of court reporting standards. Advocacy groups, including the NCRA, have launched initiatives to attract new stenographers and emphasize the profession’s critical role in maintaining justice. Some law firms and judges are also refusing to work with agencies that rely solely on digital reporting, demanding the return of certified stenographers to the courtroom. Judges are also refusing to admit transcripts that are not certified by a licensed court reporter.

Legislation may also play a role in reversing this trend. Some states are considering laws that would require stenographers for certain legal proceedings, recognizing that their expertise cannot be replaced by machines or untrained personnel. In California, a new law now requires court reporters to state their name and license number at the start of every proceeding. Furthermore, increased investment in court reporting education and apprenticeship programs could help replenish the profession’s ranks.

Conclusion: A Call to Action

The legal industry is at a crossroads. If the current trajectory continues, the accuracy and integrity of court records will be at risk, endangering the very foundation of the justice system. While digital technology has its place, it should be used to support, not replace, trained stenographers.

Court reporters play an indispensable role in ensuring judicial oversight and the overall accountability of the justice system. Their transcripts serve as the permanent, unalterable record of courtroom proceedings, which is crucial for monitoring not only the fairness of the trial but also for documenting any potential judicial misconduct. If a judge behaves improperly, it is often the court reporter’s record that enables the Judicial Council to investigate and address such actions. Without an accurate record, judges could act without oversight, knowing their words and decisions are not being reliably captured, potentially leading to unchecked abuse of power.

To prevent this crisis from deepening, legal professionals, lawmakers, and the public must take action. Court reporting agencies must be held accountable for prioritizing profits over justice. Law firms should demand stenographic services for critical proceedings. And aspiring professionals should be encouraged to enter the field through better pay, incentives, and career development opportunities.

This new gold rush—where court reporting agencies chase short-term profits at the expense of legal accuracy—must be stopped before it permanently undermines the fairness of the judicial system. The future of justice depends on it.

RULES FOR THEE, BUT NOT FOR ME SAYS SUPERIOR COURT JUDGES!

Los Angeles Superior Court judges have made a controversial decision to abandon real-time court reporters in favor of automated speech recognition (ASR) software for their personal notetaking on the bench, a move that seemingly violates existing laws prohibiting unauthorized recordings of court proceedings.

In a recent hearing, a presiding judge in Los Angeles Superior Court paused mid-sentence to address a technological issue interfering with her discussion with attorneys.

Notably, this Judge appeared on the CourtConnect screen with her chin resting on her hand, supported by her elbow, resuming this position immediately after referencing the “word processing… notetaking” software glitch. This strongly suggests she was not manually taking notes, but instead relying on ASR software to transcribe the proceedings in real-time.

Historically, judges have taken notes either by typing on a keyboard using programs like Microsoft Word or by handwriting notes. Some, like one judge formerly trained as a shorthand reporter, have even employed Gregg shorthand for quick notetaking. Additionally, certified shorthand reporters have long been employed to provide real-time verbatim transcripts, which judges can view through LiveNote software, mirrored monitors, or internet-connected proprietary programs. Immediate transcripts—both rough and certified—have always been readily available.

However, a new and legally questionable method has infiltrated the bench: ASR-based notetaking. A quick online search for notetaking programs reveals a flood of AI-powered transcription software capable of capturing and converting spoken words into text.

According to the Superior Court’s own published rules for audio/video court hearings, recording court proceedings “in any way” is explicitly prohibited for all participants. This raises an obvious issue: ASR software fundamentally relies on audio capture. It records spoken words via a microphone, processes the audio data into a transcript, and saves a .wav file in the process. Any ASR provider will confirm that this is how their software functions, meaning that by using ASR software, the court is—by its own definition—recording the proceedings.

It’s kind of a no-brainer that ASR, automated speech recognition, requires a microphone to capture the spoken words, and then records the audio that it captures to then be analyzed by the software. A wav file is created and saved in the software. Just check with any number of these ASR companies to verify that’s how it works. So, in essence, it is RECORDING the court proceeding.

Let’s break down the Superior Court’s official admonition, which warns against unauthorized recordings. Nowhere does it state that recording can be permitted at the court’s discretion. Instead, it specifies that sanctions may be imposed for violations. But what happens when a judge is the one violating the law? Apparently, nothing.

Besides the court’s own admonition, what law is being broken?

This raises an even bigger question: If public government proceedings are legally allowed to be recorded, why does the court explicitly prohibit it for others while seemingly engaging in the practice themselves? The double standard is glaring, and the implications for transparency and legal accountability are profound.

Judges are not explicitly exempt from Penal Code 632, as subsection (b) defines “person” to include individuals acting on behalf of the government. However, subsection (c) states that communications in judicial proceedings open to the public are not considered confidential, meaning court proceedings may not fall under this law’s protection. This raises concerns about whether ASR software, which inherently records audio, conflicts with legal and ethical standards.

When judges violate the law, it creates serious legal and ethical conflicts that undermine the judiciary’s integrity. Legally, judges are bound by the same laws as citizens, and violating Penal Code 632 or court regulations on recording raises concerns about selective enforcement and accountability. Ethically, judges are expected to uphold impartiality and fairness, yet disregarding rules they enforce on others erodes public trust. Moreover, their actions set dangerous precedents, suggesting that judicial figures operate above the law, which contradicts the foundational principle of equal justice.

Digital Deluge Spells Doomsday for Democracy in America

The Trumpets of Doom are silently wailing across American courtrooms as judges eagerly attempt to solve a problem that, in reality, does not exist: a supposed shortage of court reporters. This so-called crisis, first highlighted in a 2013 study by Ducker Worldwide, predicted a deficit of 5,500 court reporters by 2018. However, that shortage never truly materialized. Instead, what has emerged is something far more insidious—a calculated attempt to replace a critical, time-honored profession with inferior digital alternatives, jeopardizing the accuracy of court records and, ultimately, the integrity of democracy itself.

The Manufactured Crisis

The judicial system, legislators, attorneys, and court reporting associations were slow to react to the warnings raised by the Ducker study. When they finally did, the response was not to strengthen stenography education or address recruitment strategically but to open the floodgates for digital court reporting and voice-to-text software. These alternatives, while marketed as innovative and cost-effective, fail to meet the reliability standards of human stenographers. They are now being touted as the inevitable future despite mounting evidence of their inadequacy.

The irony is that the predicted court reporter shortage did not materialize in 2018 as forecasted. Instead, the field has seen a surge of interest, with stenography schools now experiencing unprecedented enrollment numbers. Stenographers have worked tirelessly to recruit and train new professionals, successfully counteracting the doomsday predictions. Yet, the push for digital reporting persists, driven not by necessity but by a concerted effort to replace highly skilled workers with automation that benefits corporations rather than the public.

The Fraud Perpetrated on the American Public

The real crisis lies not in a lack of stenographers but in the misinformation campaign that seeks to justify their replacement. Proponents of digital court reporting claim that artificial intelligence and voice recognition software can accurately transcribe legal proceedings, but real-world applications tell a different story. Unlike certified court reporters who undergo rigorous training, digital alternatives rely on automated transcription software and underqualified operators, leading to significant errors in official records.

Errors in legal transcripts can have devastating consequences. A single misinterpreted word in a court proceeding can change the entire outcome of a case. Stenographers provide real-time, verbatim transcription, ensuring accuracy and accountability—qualities that digital recording systems simply cannot replicate with the same reliability.

Furthermore, the widespread implementation of digital court reporting raises serious concerns about data security and privacy. With digital recordings susceptible to hacking and tampering, the integrity of legal records is at risk. Unlike stenographers, who provide a human safeguard against such breaches, digital systems introduce vulnerabilities that could be exploited to alter or manipulate court records, undermining the very foundation of justice.

The Corporate Agenda Behind the Digital Push

At the heart of this transition is a profit-driven agenda. Companies that manufacture and market digital reporting software stand to gain immensely by convincing judicial systems to adopt their technology under the guise of efficiency and cost-cutting. By shifting from human stenographers to automated systems, courts may see an immediate reduction in short-term costs, but at what long-term price?

The legal profession relies on accurate documentation of proceedings to ensure fair trials and due process. The replacement of stenographers with flawed digital alternatives prioritizes convenience over justice, efficiency over accuracy, and profit over the rights of individuals. This corporate-driven push is not unique to the legal system; it reflects a broader trend of automation replacing skilled professions, often with disastrous results.

The Undermining of Democracy

The repercussions of this digital takeover extend beyond the courtroom. Democracy thrives on transparency, accountability, and the rule of law—principles that require an accurate and indisputable record of legal proceedings. By replacing human stenographers with imperfect digital solutions, we introduce doubt and instability into a system that demands precision.

Imagine a scenario where a crucial piece of testimony is misinterpreted by automated transcription software. A defendant’s fate could hinge on a software error, leading to wrongful convictions or unjust rulings. The gradual erosion of reliable court records paves the way for corruption, as altered transcripts or missing testimonies could be manipulated to serve particular interests. When the very foundation of justice is compromised, democracy itself is at risk.

The digital deluge sweeping across the judicial system is not just a threat to the stenography profession—it is a direct assault on the integrity of legal proceedings and the democratic principles that govern America. By allowing technology to take precedence over human expertise, we are jeopardizing the accuracy of court records and endangering the lives of those who depend on them for justice.

Fighting Back: A Call to Action

It is not too late to counteract this dangerous shift. The legal community, policymakers, and the public must recognize the importance of preserving the stenography profession and resisting the corporate-driven push for digital court reporting. Here’s what can be done:

  1. Educate Lawmakers and the Public – Awareness is key. Judicial bodies, attorneys, and legislators must be informed about the risks associated with digital reporting and the advantages of retaining human stenographers.
  2. Strengthen Stenography Education – Investment in court reporting schools and training programs will ensure a steady influx of qualified professionals, negating any future shortages.
  3. Implement Legislative Protections – Laws must be enacted to mandate the use of certified stenographers in legal proceedings, ensuring that human oversight remains the gold standard.
  4. Challenge the Digital Takeover – The legal community should push back against the adoption of digital alternatives and demand evidence-based assessments of their effectiveness before implementation.
  5. Expose the Corporate Agenda – Investigative efforts should be made to uncover the financial motivations behind the push for digital court reporting and to hold those responsible accountable.

The battle to preserve stenography is not just about protecting jobs; it is about safeguarding the integrity of the judicial system and, by extension, American democracy. If we allow the digital deluge to wash away the human element from our courts, we risk losing far more than just a profession—we risk losing justice itself.

The Trumpets of Doom may be wailing, but they are not yet signaling the end. There is still time to resist this manufactured crisis and ensure that democracy, truth, and justice remain firmly rooted in the American courtroom. The fight for stenography is a fight for democracy, and it is one we must not lose.

Digital Court Reporting: Trying to Disrupt the Stenographic Industry in the Same Way Uber Revolutionized Transportation

In the world of business, disruption often comes when an upstart challenges traditional practices with innovation and technology. Uber, for example, reshaped the transportation industry by offering a user-friendly, mobile-first platform that connected riders with drivers directly, cutting out the middlemen and revolutionizing the way people think about taxis and car services. Similarly, digital court reporting is being touted as an innovation poised to disrupt the longstanding world of stenographic court reporting.

For over a century, stenographic court reporters, equipped with specialized machines and expert shorthand skills, have been responsible for capturing verbatim records of court proceedings. Their work has been essential in maintaining the accuracy and reliability of legal documentation. However, as large “Big Box” agencies brought in equity investors driven by profit, the idea of replacing human stenographers with digital solutions—promising an immediate 50% profit boost—has started to challenge this traditional practice, much like how Uber disrupted the taxi industry.

The Stenographic Tradition: An Industry Built on Expertise

Stenographic court reporting has a rich history that has remained largely unchanged for over a century. Stenographers use a specialized shorthand machine to transcribe spoken words quickly and accurately during court hearings, depositions, and other legal proceedings. These professionals undergo extensive training to master the technique, which can be difficult to learn and requires years of practice to perfect.

However, despite the expertise and precision of stenographers, the industry has been facing mounting pressure due to various challenges, including the increasing demand for faster turnarounds, the rising costs of stenographic services, and the need for greater accessibility. However, the true driving force behind these changes is the pursuit of profit by large agencies. Enter digital court reporting.

Digital Court Reporting: The New Challenger

Digital court reporting employs technology to record proceedings, sometimes paired with real-time transcription software. These systems can capture the spoken word, which can then be transcribed, edited, and shared instantly. Unlike stenography, which requires specific equipment and a skilled stenographer to transcribe, digital court reporting uses audio recordings combined with artificial intelligence (AI) to help streamline the process.

Unlike Uber’s disruption of the traditional taxi service with its efficient, on-demand, and tech-enabled solution, digital court reporting presents a step backward, undermining the accuracy, reliability, and professionalism that stenography provides. Rather than offering a fresh, cost-effective, and scalable alternative, it introduces risks to the legal field, compromising the integrity of court records. The supposed disadvantages of this approach include:

The supposed disadvantages of this approach include:

  1. Accuracy Issues: Digital systems are prone to errors, misinterpretations, and inaccuracies, especially when dealing with complex legal terminology or overlapping speech.
  2. Lack of Human Oversight: Unlike stenography, which relies on trained professionals to ensure precision, digital reporting often lacks the necessary human judgment and oversight, leading to unreliable transcripts.
  3. Security Risks: The digital nature of these recordings increases the potential for data breaches or unauthorized access to sensitive information, which can undermine the confidentiality of legal proceedings.
  4. Dependence on Technology: Digital court reporting systems are vulnerable to technical failures, such as equipment malfunctions or software glitches, which could jeopardize the accuracy or availability of transcripts.
  5. Training and Accountability Issues: Many digital reporters are part of a gig workforce that is uncertified and unlicensed, leading to high turnover, missing transcripts, and a lack of accountability.

Uber’s Strategy: A Blueprint for Disruption in Court Reporting

Looking at how Uber disrupted the transportation sector provides a useful lens for understanding how digital court reporting could disrupt stenography. Uber’s success was not just about providing a new service; it was about reimagining the entire business model of how taxis operated. Uber focused on user-centric experiences, a streamlined app-based interface, and cost-effective pricing, which resonated with both drivers and riders.


In contrast, digital court reporting presents an inferior model for documenting legal proceedings. Despite claims of speed, cost-effectiveness, and ease of access, digital court reporting platforms often fail to deliver accurate transcripts, leading to errors and delays. The promise of faster turnaround times is often undermined by technical failures and lack of oversight. This shift from the traditional stenographic model is a step backward, as it replaces skilled professionals with unreliable, automated systems that compromise the quality and integrity of court records.

Challenges Ahead for Digital Court Reporting

Despite the claims made about digital court reporting, the shift from traditional stenography to digital platforms is far from the solution it’s being marketed as. As with any disruptive innovation, there are challenges to overcome, including:

  1. Resistance to Change: Stenographers and courts may resist adopting new technologies due to fear of job loss or unfamiliarity with digital systems. Much like how taxi drivers initially resisted Uber, traditional court reporters may push back against the new wave of digital solutions.
  2. Technological Limitations: While AI-powered transcription systems are improving, they still require a human touch to ensure the final product’s accuracy, especially in complex legal settings. Additionally, the technology must continue to evolve to handle multiple accents, jargon, and legal terminology with precision.
  3. Regulatory Hurdles: The legal system is highly regulated, and the transition to digital reporting must meet strict requirements for accuracy, security, and privacy. This includes the need to ensure that digital transcripts are admissible in court, meeting the same standards that stenographic records have upheld for decades.

The Future: A Hybrid Approach

While agencies hoped that digital court reporting would be the solution to reshape the industry, a better hybrid model will emerge—one that combines the best elements of both automated speech recognition and stenographic methods. Advantage Software is ahead of the game, quietly working on this technology for over a decade, it will emerge as the winner, keeping human court reporters at the helm of the legal transcription industry.

Just as Uber didn’t fully replace taxis, but created a complementary service, digital court reporting will never coexist alongside stenographic reporting. It may be relegated to potentially serving niche areas, like assisting the deaf and hard of hearing in university classrooms, or aiding lower courts with traffic hearings, and law firms with note-taking. However, it will likely fade out of the legal industry due to its catastrophic failures and unreliability.

By harnessing technology, stenographers can evolve to meet the needs of the modern legal environment, improving accessibility, reducing costs, and ensuring the continued accuracy and reliability of court records.

In conclusion, digital court reporting’s attempt to disrupt the traditional stenographic industry in much the same way Uber revolutionized the transportation sector, is a complete failure. Despite claims of innovation and efficiency, digital court reporting is unlikely to redefine the way legal professionals handle court transcripts. Rather than making the process faster, more affordable, or more accessible, it risks compromising accuracy, security, and reliability. As the legal system values precision and accountability, the integration of digital solutions may prove to be more of a hindrance than a help, much like how Uber’s impact on urban mobility has raised concerns about reliability and safety.



Why Digital Court Reporting Will Never Be the Uber of the Legal System

While Digital Court Reporting Threatens the Integrity of the Legal System, Stenography Will Always Remain the Gold Standard

In recent years, digital court reporting has emerged as an alternative to the long-standing tradition of stenographic court reporting. With promises of faster, more affordable transcription services powered by audio recordings and artificial intelligence (AI), digital court reporting is often hailed as a disruptor in the legal industry. However, despite its growing popularity, it’s clear that digital court reporting will never achieve the kind of widespread, transformative impact seen by Uber in the transportation industry. In fact, the rise of digital court reporting threatens the integrity of the legal system, while stenography continues to stand as the gold standard for accurate, reliable, and professional court transcription.

The Promise of Digital Court Reporting: A Flawed Solution

Much like how Uber disrupted the taxi industry by introducing a mobile-first platform that allowed riders to connect directly with drivers, digital court reporting promised a streamlined, tech-enabled approach to legal transcription. The idea is simple: use high-quality audio or video recording devices and AI-powered transcription tools to quickly generate written records of court proceedings without the need for human stenographers.

While digital court reporting promised a more affordable and scalable solution, it actually introduces significant risks to the accuracy, security, and overall reliability of court transcripts. Despite this, agencies are charging the same fees as they would for a skilled stenographer, offering no real savings. Unlike the regulated, professional stenographic system, digital reporting often relies on algorithms prone to errors, misinterpretations, and inaccuracies—especially with complex legal language, courtroom jargon, or overlapping speech. Additionally, achieving the scale necessary to meet demand still requires human operators, creating its own set of challenges. Training a gig workforce that is uncertified, unlicensed, and unaccountable leads to high turnover, missing transcripts, and no clear way to contact the digital reporters or transcribers involved. The workload becomes overwhelming for individuals not directly involved in the recording or transcription process, resulting in significant portions of proceedings missing from the final transcript.

The Critical Role of Stenography in the Legal System

Stenographic court reporting has been the gold standard for over a century. Stenographers are highly-trained professionals who use specialized shorthand machines to capture every spoken word in real-time, ensuring that the official court record is accurate, precise, and admissible. These professionals undergo years of training and are held to rigorous standards of accountability, ensuring the integrity of the transcript.

In contrast, digital court reporting, while efficient, lacks this same level of oversight and quality control. AI transcription software can struggle with accuracy, particularly in noisy or complex environments, and human intervention is still needed to ensure the final transcript is reliable. Even with the best AI tools available, they cannot replicate the nuanced judgment and expertise of a trained stenographer. The result is a higher risk of errors and potential legal challenges down the road.

The Potential Pitfalls of Digital Court Reporting

Despite the promises of speed and cost savings, digital court reporting introduces several significant concerns that could compromise the integrity of legal proceedings:

  1. Accuracy Issues: AI-powered transcription tools often struggle with complex terminology, accents, and courtroom-specific jargon. Stenographers, on the other hand, have a deep understanding of legal language and are trained to accurately capture every word, regardless of the complexity.
  2. Security and Privacy Risks: Courtrooms deal with sensitive information that must be protected by strict confidentiality laws. Digital recordings and AI transcriptions introduce new security risks, such as hacking or unauthorized access, potentially compromising the privacy of the proceedings.
  3. Lack of Human Oversight: Stenographers act as a safeguard for the accuracy of court records, ensuring that any potential errors are caught and corrected before the transcript is finalized. Digital systems, while helpful, lack this layer of human oversight, leaving the possibility for inaccuracies to slip through the cracks.
  4. Admissibility and Legal Challenges: As the legal system has relied on stenography for so long, digital transcripts are not yet fully accepted in all courts. The reliability and legal standing of digital transcripts are still being tested, and many legal professionals remain skeptical about their use in high-stakes cases.

Stenography: A Time-Tested Tradition

The legal profession depends on accuracy, clarity, and the ability to trust court records. Stenographers offer a level of precision and accountability that digital systems have yet to match. Their ability to work under pressure, handle multi-speaker environments, and produce transcripts that are admissible in court is unmatched by AI-driven systems.

Stenographers are also integral to the courtroom environment, acting as neutral parties who are highly attuned to the proceedings. Unlike digital systems, which can only transcribe what they “hear,” stenographers can provide clarity when multiple voices speak simultaneously or when technical jargon is used. This ability to discern meaning in real-time is critical to ensuring that legal records reflect exactly what transpired in court.

Moreover, the professional training and certification of stenographers ensure a level of trustworthiness and reliability that AI solutions simply cannot offer. The certification process for court reporters is thorough and rigorous, demanding both technical skill and legal knowledge. Digital court reporting lacks this same professional oversight, and its algorithms are still in the early stages of development, which raises questions about the accuracy of AI-generated transcripts.

The Future: A Complementary Role, Not a Replacement

While digital court reporting is unlikely to replace stenography, it may serve as a complementary tool for less critical proceedings, such as simple hearings or administrative tasks. It’s essential to recognize that the legal system operates under strict rules of evidence, and the official record must be trustworthy. Stenography remains the only truly reliable method for ensuring that legal transcripts are accurate, secure, and legally defensible.

Just as Uber did not replace all forms of transportation, digital court reporting is not a universal solution for all legal situations. It is an alternative that may work in specific contexts, but for complex, high-stakes cases where accuracy and reliability are paramount, stenography will continue to be the gold standard.

Conclusion: Stenography Will Always Be the Gold Standard

While digital court reporting may offer some advantages in terms of cost and scalability, it will never be the Uber-like disruptive force that some envision. The technology may be useful in certain circumstances, but it cannot replace the accuracy, expertise, and professionalism of a trained stenographer. As the legal system continues to evolve, stenography will remain an indispensable tool for ensuring the integrity and reliability of court records, while digital reporting will serve as a supplementary solution at best.

In the end, the legal system demands precision and trust, and stenography will continue to lead the way, just as it has for over a century. Digital court reporting may have its place in the future, but it will never be the disruptor that completely transforms the way legal proceedings are documented. Stenography will always remain the gold standard.

While digital reporting may attempt to complement the legal process, it will never truly achieve this. Much like a little brother hoping to grow up someday, it can try all it wants, but it will never replace stenography, which remains the gold standard in ensuring accuracy, reliability, and trustworthiness in legal records.

Stenos Thriving in the Digital Age:

How Stenographers Can Adapt and Flourish Amid Disruption

The rise of digital technology has reshaped countless industries, and stenography is no exception. Court reporting, once dominated by skilled stenographers on shorthand machines, now faces increasing pressure from digital recording and automated transcription tools. Many within the field fear that their craft is at risk of becoming obsolete. However, if history has taught us anything, it’s that survival in the face of disruption depends less on the technology itself and more on how an industry responds to it.

Take the case of Kodak. For years, Kodak was synonymous with photography. It wasn’t technology that doomed the company—it was their inability to adapt their business model to leverage the opportunities digital technology provided. Similarly, stenographers don’t have to see digital disruption as a death knell for their profession. Instead, they can adapt and thrive by embracing what makes them irreplaceable while finding ways to integrate technology into their workflows.

The Kodak Parallel: Ignoring a Changing Market

Kodak didn’t fail because it lacked technological innovation. In fact, the company invented the digital camera in 1975. The problem was that Kodak clung to its traditional business model, which revolved around film sales. They failed to recognize that consumers were shifting their focus from capturing memories with film to sharing and storing them digitally. By the time Kodak acted, competitors like Canon and Sony had dominated the digital camera market, and smartphones made personal photography accessible to everyone.

For stenographers, this serves as a cautionary tale. Digital transcription tools and AI-powered voice recognition are becoming more accurate and accessible. Companies offering digital solutions promise lower costs and faster turnaround times, challenging the traditional role of stenographers in the courtroom and deposition settings. Ignoring these changes or clinging to old ways of working could leave stenographers vulnerable to the same fate Kodak suffered.

The Human Advantage: What Technology Can’t Replace

One of Kodak’s key mistakes was undervaluing what customers actually wanted in the digital age: convenience, ease of use, and immediacy. Stenographers can learn from this by focusing on the value they provide that digital tools can’t replicate.

Court reporting is about more than transcription; it’s about accuracy, context, and accountability. A stenographer’s skill lies in their ability to ensure that the record is clear and complete, even in chaotic or high-stakes situations. They can capture nuances like overlapping speech, emotional tones, or unclear statements that technology often struggles with.

Additionally, stenographers play an important role in managing the courtroom dynamic. They can provide immediate readbacks of testimony, clarify unclear remarks in real-time, and act as an impartial party in contentious cases. These human elements add a layer of reliability that no digital solution can match—at least not yet.

The key for stenographers is to emphasize these advantages. By positioning themselves as irreplaceable professionals who go beyond mere transcription, the Responsible Charge, they can make a compelling case for why their skills are still essential, even in an era of technological disruption.

Embracing Technology as a Tool, Not a Threat

Kodak’s downfall was partially due to their fear of cannibalizing their existing business with digital technology. They didn’t embrace the inevitable shift, and by the time they tried to pivot, it was too late. Stenographers can avoid this mistake by viewing digital tools as an opportunity, rather than a threat.

Stenographers began using digital audio recording as a backup over 20 years ago, but this practice has remained largely undisclosed. They are hesitant to provide the audio to attorneys due to concerns that a privileged conversation between an attorney and their client may have been inadvertently captured. In order to safeguard confidentiality, a stenographer would need to learn how to use audio editing software, such as Sony Sound Forge, to remove any “off the record” discussions. The time and cost of training for this added responsibility are significant barriers to offering this service. However, digital reporters are already providing similar services at no extra charge.

It’s time to be open about the digital audio recording tools that have been in use for over two decades to ensure an accurate record. However, releasing the audio presents an additional challenge: it would require careful scoping and editing to align it with the transcript, which would add costs and potentially extend the time needed for transcript production. That said, reporters could sell their edited digital audio files, certifying that the edits were done under their direction to remove off-the-record discussions while guaranteeing a full and accurate recording of the proceedings. This would allow them to introduce a new service fee for this offering, which would help cover the costs of sound editing software, training, and the extra time spent proofreading transcripts. By adopting this approach, reporters position themselves as tech-savvy professionals capable of delivering both accuracy and efficiency while offering a full-service solution.

Stenographers can also embrace technology to enhance their skill set. By training in emerging tools like Advantage Software’s new Eclipse “Boost” feature, which integrates automated speech recognition (ASR) into their computer-aided transcription (CAT) software while capturing the verbatim record, they can achieve realtime outputs with a 100% translation rate. This ensures consistent results across all reporters and increases satisfaction for realtime receivers, such as judges, attorneys, and the deaf and hard of hearing. Rather than resisting change, stenographers can align themselves with it, creating new value for clients who are navigating the same shifts.

Adapting the Business Model

Kodak’s failure to innovate wasn’t just about technology; it was about business strategy. They stuck to their traditional revenue model and failed to explore new ways to serve their customers. Stenographers can take a different path by rethinking how they deliver their services.

Stenographers have expanded their reach by offering remote deposition services, a growing trend in a post-pandemic world. This has helped meet the demand for services worldwide. Stenographers have also been attaining credentials in multiple states, which allow them to cover a greater territory and increase their workload and revenues.

Another avenue is education and consultation. Stenographers possess a wealth of knowledge about legal procedures and record-keeping. By offering training sessions or consultation services on how to manage accurate records, they can establish themselves as trusted advisors in addition to skilled practitioners.

Advocating for the Profession

Part of Kodak’s downfall was that they failed to educate the public about the value of their technology in the face of digital disruption. Stenographers must actively advocate for their profession to ensure that decision-makers in the legal field understand their value.

This could mean engaging with legal organizations to set standards for transcription quality, lobbying for regulations that require human oversight in legal record-keeping, or participating in public awareness campaigns to highlight the risks of relying solely on automated solutions.

By being proactive, stenographers can ensure that they remain a vital part of the legal ecosystem, even as technology evolves.

A Balancing Act for the Future

The future of stenography doesn’t have to be an “either-or” scenario. It’s not about choosing between traditional stenography and digital transcription, but finding the right balance. By blending their human expertise with the power of technology, stenographers can adapt to changing market demands while preserving the core of their profession.

The legal field may be changing, but it will always require accuracy, reliability, and accountability—qualities that stenographers are uniquely equipped to provide. Just as Kodak could have thrived by redefining its role in a digital world, stenographers can ensure their survival by embracing change, showcasing their unique value, and evolving their business models.

In the end, survival in the face of disruption isn’t about fighting technology; it’s about working with it to create something better.

The War You Walk Into: A Court Reporter’s Perspective

Walking into a deposition or courtroom as a court reporter feels like stepping onto a battlefield. Each day, you don your gear, prepare your mind, and enter a war zone. But here’s the thing—most of the time, you don’t know what kind of war you’re walking into. Sometimes, it’s a skirmish on the outskirts. Other times, it’s a full-scale clash, and you’re right in the heart of the fray. Occasionally, you enter a cold war where both sides are biding their time, and other times, you’re walking into a room where the battle has already been fought and is just winding down, the final pieces being put into place. Each day is different, and no two cases are alike. But regardless of the intensity, one thing remains constant: you’re there to do a job that holds more weight than you might realize.

The Battlefield: The Deposition or Courtroom

On the surface, it might look like just another meeting, a routine exchange of words between two attorneys. But in reality, every deposition or trial is a potential war. The stakes may be high or low, but the tension is always palpable. Lawyers are armed with their questions, witnesses with their testimonies, and opposing sides with their objections. The moment you step into that room, you’re not just observing—you’re in the thick of it. But unlike the participants, who are there to argue and sway the jury or judge, you are there to protect the record.

As a court reporter, you are essentially a silent witness to the whole affair. You are present in the room, but not a part of the drama. Yet, in that silence, you are crucial. You are the keeper of the record, the one who ensures that every word spoken, every nuance, every bit of evidence is preserved. Without you, all the efforts of the attorneys and witnesses would be in vain. The record wouldn’t exist, and without a record, there can be no appeal. If there’s one thing every attorney knows, it’s that without the record, they have no case.

The Role of the Court Reporter in the War

The fact is, court reporters are like the unseen soldiers in a war—silent, steady, and always present. But much like soldiers, the importance of your role is often overlooked until the battle is over. You’re there to make sure everything is captured accurately and verbatim. And trust me, that is no small task.

You can be present for the most mundane discussions or the fiercest exchanges. But whether the room is quiet or charged with tension, your job doesn’t change. You don’t take sides. You don’t participate in the arguments. Your sole mission is to preserve the record.

It’s easy to feel like you’re just a fly on the wall, an insignificant figure in a room full of sharp minds trying to outwit one another. But in truth, that’s far from reality. Without you, the entire structure of the legal process crumbles. The opposing attorneys may argue until they’re blue in the face, but the record you create will outlast their words.

Understanding the Tactics: The Use of Court Reporters as “Weapons”

Sometimes, in the heat of battle, attorneys will turn to you in a way that feels like a tactical move. They don’t directly address you, but they may try to manipulate the situation with their tone, the way they direct questions, or how they behave toward you. They might use you to intimidate the other side. Perhaps they will pause dramatically before speaking, as if to draw attention to every word, knowing you’re capturing it all. Or maybe they’ll go out of their way to be extra polite, knowing that it will reflect well when it’s time to argue their case later.

This can sometimes feel uncomfortable, like you’re caught in the middle of a chess match where you’re just the pawn. But here’s the thing—you’re not supposed to get rattled. The attorneys might be playing games, but you cannot afford to let them distract you from your job. You cannot let their tactics cause you to falter. As much as the room might feel tense, your job is to stay calm, focused, and diligent. They’re not aiming their guns at you, after all. In a strange way, you’re the one neutralizing the battle by doing your job with precision.

But sometimes, attorneys will show you kindness. And while that might feel like a moment of camaraderie, it’s also a subtle weapon in their arsenal. Lawyers know that showing too much kindness or respect to a court reporter might make them appear weak to the other side. It’s a balancing act: too much kindness, and they risk showing vulnerability. Too much coldness, and they risk appearing unprofessional. It’s a delicate dance, and you are the center of that performance.

The Court Reporter’s Ego: A Lesson in Humility

Over time, I’ve learned one very important lesson: You have to get over yourself. I say this with the utmost respect, because I too had to come to terms with it, but the reality is this: you are not the star of the show.

Court reporters, myself included, can sometimes fall into the trap of thinking we are somehow central to the case. After all, we’re capturing every word, every moment, on our steno machines or voice masks. Without us, the whole case could fall apart. And that’s true. But here’s where the ego check comes in: the truth is, we are both important and utterly irrelevant at the same time.

We are important because we preserve the record. But outside of that, we are essentially replaceable. There are other court reporters out there, and they are just as capable as we are of capturing the words, the moments, the nuances. If we let our egos inflate, we risk losing sight of what truly matters. Our job isn’t about being noticed. It’s about making sure the record is perfect.

I’ve learned to appreciate this balance. In a courtroom, I am everything in that moment, and yet, I am invisible. This duality is humbling, and it’s something that has taken time to fully grasp. But once you internalize it, you realize that the ego doesn’t serve you in the long run. When you let go of the need for validation or recognition, you become a better court reporter.

Protecting the Record: The True Power of the Court Reporter

At the end of the day, we are the ones who protect the record. And in doing so, we protect the potential for appeal. If things go wrong, if the case turns sour for one side or the other, they will always have the opportunity to go back to the record you’ve created.

Without us, their ability to appeal is reduced to nothing. If a party loses and the record is incomplete or inaccurate, that loss becomes final. But when the record is preserved and solid, no matter what happens in the battle, there’s always a chance for a new fight to take place.

And that, in essence, is what makes us so crucial. We might not be fighting the battle directly, but our role in the war is invaluable. Without us, the fight would be meaningless. And without us, the outcome is inevitable.

In the end, every deposition, every trial is a war. But we are the silent soldiers who ensure that when the dust settles, the record stands, and the possibility of a future battle remains. So when you walk into that war zone, remember: stay calm, stay focused, and understand the weight of your role. You’re not just there to report every word —you’re there to protect the future of the case itself.

The Transformative Potential of AI in Stenographic Court Reporting

Rapidly developing technologies, like artificial intelligence (AI), often disrupt established systems and provoke uncertainty, as we’ve seen in various industries. Yet, the promise AI holds for stenographic court reporting is undeniable. While navigating this wave of innovation and the changes it brings, it’s crucial to focus on the fundamentals: upholding high professional standards, adapting to evolving tools, and fostering long-term success.

Is the adoption of AI in court reporting headed toward an unsustainable trend, or is it paving the way for a transformative and enduring future for the profession?


A Balancing Act for Court Reporters

There are some who raise the question of whether AI could undermine the profession or lead to unsustainable shifts in the market. As a measured optimist, I approach these concerns with nuance.

Challenges tied to AI integration in stenographic reporting—such as job displacement, ethical dilemmas around accuracy, and the potential undervaluation of human expertise—are real. However, these challenges are manageable, and I am energized by the potential AI brings to the profession.

AI has the capacity to enhance accuracy, streamline transcription processes, and improve access to legal records for courts and litigants alike. The transformation is already underway, and the benefits will extend to countless stakeholders—from legal professionals to the public. This includes faster turnaround times for transcripts, real-time captioning for accessibility, and advanced tools for verifying complex testimonies. While stenographic roles may evolve, new opportunities will also emerge for court reporters to specialize in areas requiring human judgment, nuance, and precision.


Learning from History

Reflecting on historical breakthroughs, the rise of AI in court reporting mirrors the transformational impact of the internal combustion engine on the 19th-century economy. Initially, few could grasp how extensively the engine would revolutionize transportation, manufacturing, and agriculture. It created new industries, redefined economies, and fueled unprecedented growth.

Similarly, AI has the potential to redefine stenographic reporting. It will streamline workflows, enhance real-time capabilities, and offer tools that expand the scope and efficiency of the profession. Over time, this foundational technology will become an indispensable asset for court reporters, helping to ensure justice is served accurately and efficiently.


Navigating Change with Resilience

Does this mean every AI solution for court reporting will succeed? Certainly not. Just as in any industry, some tools may fall short of expectations, while others will exceed them. There will be winners and losers as competitive forces shape the marketplace. But these disruptions are part of a broader innovation cycle—one that court reporters have weathered before, from the advent of shorthand machines to modern CAT (computer-aided transcription) systems.

For instance, technologies like Advantage Software’s Eclipse, which integrates Automated Speech Recognition into Computer-Aided Transcription software to enhance the speed and accuracy of human court reporters, are positioned for success. In contrast, outdated approaches such as digital transcribers—reminiscent of 18th-century methods—are bound to fail. Solutions that preserve the court reporter as the Responsible Charge will prevail, as accountability and responsibility remain of paramount importance in the legal industry. Furthermore, when all court reporters can deliver high-quality realtime output, it eliminates the uncertainty lawyers face when relying on the varying skills of different reporters. This consistency in service ensures a reliable and professional experience across the board. It also fosters a higher and greatly improved level of end-user satisfaction.

Market volatility and uncertainty often accompany transformative periods. However, the long-term potential of AI in court reporting is undeniable. By leveraging AI to solve real problems—whether automating mundane tasks, improving transcription accuracy, or expanding accessibility—court reporters have the opportunity to lead this new era of innovation.


The Keys to Long-Term Success

The essence of success in this AI-driven transformation lies in focusing on quality. Court reporting technologies must meet real needs, deliver reliable solutions, and complement the expertise of skilled professionals. Teams that prioritize ethical innovation, user-friendly design, and adaptability will thrive. Meanwhile, stenographic court reporters who embrace lifelong learning and adaptability will remain indispensable contributors to the legal system.

Looking beyond short-term market fluctuations, the integration of AI into stenographic court reporting is much like the development of the internal combustion engine—an unprecedented driver of growth, efficiency, and innovation. For professionals in the field, this transformation is not a threat, but a world of opportunity, promising a more dynamic and impactful future for the profession.


This perspective reaffirms that while AI will reshape the landscape of stenographic court reporting, it also has the potential to elevate the profession to new heights of excellence and relevance.

Stop Steno Exploitation!!!

Thanks to Governor Newsom, the reign of the exploitation of stenographers in California is about to end! Starting next week, January 1, 2025, Senate Bill 988 goes into effect.

I attribute a majority of the shortage of court reporters to many of the things that this bill attempts to address and correct.

Just this past day after Christmas, I got an email from an agency saying they were not going to pay me on a copy because the attorney had canceled his order. But the transcript was already provided to that attorney. Then in a subsequent email, after my attempting to clarify things and pursue payment, the agency’s “Billing Director” cc’d all of the calendaring personnel, insinuating that calendaring should maybe flag me as a problem and perhaps take me off the distribution list for work. Why else would a billing person pull a calendaring person into an email that’s pursuing payment? Well, Newsom’s “Anti-Retaliation” part of SB 988 should take care of that, I hope.

How many of your freelance court reporters lost work because of attempts to collect payments from agencies?

How many of you have been stiffed on copy orders?

How many of you are still waiting to be paid on services provided over 90 days ago? six months ago? a year ago?

How many of you have had attorneys “cancel” the order to transcribe something after it’s been scoped and produced and sent to them?

How many of you have had agencies try to cut your invoice in half after the work has been done because their client wanted to negotiate their bill after the work was done?

The answer to this is: so many court reporters have been abused and exploited in these ways that many of them have left the field, so many that there is now a shortage. And those that remain in the field, refuse to recommend this field to any prospective newcomers and are refusing to positively mentor their generational replacements.

Agencies, attorneys, and judges are mainly to blame for the shortage of reporters, by the repeated, continuous, and ongoing abuse and exploitation of court reporters. There are many, many more I could add to this minimal list of 5 things, but addressing these five issues would be a great start to helping to turn around the destruction of our profession.

We are four days away from SB 988 taking effect. I’d better start working on my freelancer contract.

Mandatory contracts: Any freelancer performing over $250 of work for a hiring entity over a four month period is entitled to a contract outlining the scope of the work expected, the rate of pay, and the method of payment.

AI Transcript Genius – a Steno product

Stenographers in Los Angeles received this in their email inbox today, November 20, 2024, at 11:20 a.m.

If you go to their website, they have an explainer video that shows the product in action. It looks to be nothing more than a search filter to help find words amongs all of an attorneys’ depo transcripts.

It provides you with only three search filters, which doesn’t seem very sophisticated, but maybe it’s better than anything they have available to them now to search for something among multiple proceedings.

But does this really add something to the industry that didn’t exist? Is it “innovative,” as they claim? If you go to the Veritext portal, there’s one search field that let’s you do all three searches in that one box – attorney, witness, case. So do we really need three designated boxes for searches, when one box does the trick for all 3? Well, I guess Steno didn’t know that because they’re not a Veritext client and can’t see what their portal does for attorneys.

I believe they made a huge mistake in naming the product how they did, because my first assumption was that they came out with a product that will CREATE an AI-generated Transcript. I was relieved to learn that my initial reaction to their new product announcement was all wrong. Sometimes I’m very happy to be wrong.

It’s definitely creating a buzz in the industry today!

In response to my inquiry, Steno explained how their new product could help increase demand for our certified transcripts.

Summarizing and analyzing deposition content has been something that court reporters and agencies have steered away from intentionally for over 150 years. It crosses the ethical line of remaining neutral and unbiased for court reporters to participate in something like this. I’m sure the Big Box agencies would have done something like this a decade ago, if there wasn’t a hesitation about crossing that ethical line that defines the very core of their business.

Had Steno Agency spun off another company that handles tech software tools for attorneys and not have it attached to court reporting, I think that may have been a safer play. But they have to decide who and what they are. Are they a court reporting agency? Or are they a software innovator? As a software provider for the legal industry, are they really that innovative? I mean, CoverCrow launched in April 2019 with a full dashboard for freelancers, six years before Steno Agency launched a dashboard for their freelancers, and it has only a fraction of the tools that CoverCrow offers.

Looking at AI tools for attorneys, there’s a glut of software on the market now offering this. Steno Agency made the top of the search list. Kuddos for the great SEO strategy!

I mean, that’s just the first two pages in Google search results. The list goes on and on and on. What makes one so different than another or more innovative? They’re all using the same generative AI engine.

And who are using these software tools to summarize legal proceedings? Attorneys, who then give it to their Insurance companies. And what does it look like in a court trial where insurance companies heavily rely on AI summary services and are not reading transcripts or interrogatories? Well, I just finished a bad faith trial that was a result of an insurance company who relied on summaries to value a case. The valuation was wrong because it missed critical pieces of information of injuries that were revealed in interrogatories and the deposition that never made it into the summaries. The insurance company had a $100,000 policy limit that they failed to negotiate a settlement on, the case went to trial, and the injured driver (not the insured) was awarded $3 million. So who is responsible to pay the $3 million? The insured driver who was only insured up to $100k? Or the insurance company who read AI summaries, instead of reading the interrogatories or the court reporters transcripts of the depositions of the injured? Or the law firm who used the AI software tools to produce the summaries for the insurance company that was used to value the case? Well, the jury said the insurance company and the law firm have to pay the $3 million, and not the insureds.

Here’s what the expert witness had to say about using summaries in litigation at the jury trial. (names have been changed to protect all involved.)

Q Were you able to determine if Tanya Rory ever reviewed the medical records that had been gathered by Bando and Terry in response to their subpoenas?
A She did not.
Q And were you able to determine if Tanya Rory ever looked at the — Ms. Merry’s responses to interrogatories that she had provided to the Bando and Terry firm?
A I don’t think so.
Q And were you able to determine if the adjuster, Ms. Rory, ever looked at the responses to the request of production of documents that Ms. Merry provided to Bando and Terry?
A No.
Q So just taking those items that I just mentioned, five, do you have any — do you have an opinion as to whether or not Ms. Rory was acting reasonably in performing her job as a claim adjuster?
A Honestly, when I reviewed this, I was shocked. An adjuster’s job is to review all of these things. The only thing I saw in this file were summaries that were written by Mr. Bando, who I’m sure everybody knows was the attorney that was hired that was working with — with Ms. Rory in defending the Ferraris. And she never requested or was given the medical records to look and see what was in them. She did not look at the responses to discovery to make her own determinations. One of the most important parts of certainly the deposition of your client, and that was not read. She did summarize these things, but she summarized them from a summary. She received the summary from Mr. Bando’s office and she summarized on a few different dates — I think it was March 4th and September 17th were the two bigger dates of the summaries.
Q Why, in your view, is it insufficient for her to have just relied upon the summaries that were provided to her by Bando and Terry?
A Sure. Because she has the job to evaluate the case. Mr. Bando can evaluate it, if — if they ask him, but it’s the insurance company that has the money. Mr. Bando doesn’t have any money. It’s up to the adjuster to review the case, look at everything possible, and make a determination as to the value of that case.
And if you simply rely on someone else’s opinion, without looking at them yourself, I don’t think you’re doing a proper job, not just for Ms. Merry, but for the Franklins, and, frankly, for — for your own company.
You’re hired to, not just write things down and ask questions, you need to be proactive. I think that’s one of the things that was missing mostly in this file. There was nothing proactive that I saw of — of how the adjustment was attempted.

I wonder if the next step for the law firm and the insurance company could be to sue the sofware provider of these summaries because they missed a critical piece of information needed to valuate the claim – – the injuries. And possibly, by extension, the court reporter who was working for the company that provided the summary using those transcripts, who was hired by them? I dunno? It’s a possibility. I’ve seen fringe companies get sued in cases like asbestos, medical malpractice, etc. They use a blanket approach and sue everybody and let them all settle out or litigate out of it, which are equally costly. As a court reporter, I don’t want to be drawn into this fight with AI transcript summaries in any way. This has me concerned. So concerned, in fact, that I choose not to do any freelance work with agencies that have chosen to cross that questionably ethical line of providing AI summaries of deposition transcripts to attorneys and ultimately insurance companies.

Luckily, for the AI Software provider of the summaries, it was never asked in this trial how the summaries were made – by human or AI software. So they’re safe for now. But as AI summaries continue to propagate the legal landscape, it’s only a matter of time before the finger of blame gets pointed in that direction.

Watch the Sizzle Reel of their Launch Party here.

View pictures of their launch party here.

Let’s Play the Blame Game!

Have you read Christopher Day’s article, “Forced to Pay NCRA…”?

Forced to Pay NCRA Membership Dues to Work In Your State? Contact Stenonymous!

I’ve long believed it’s problematic for a third-party nonprofit organization to require a license in order to work in a state, yet this practice is common and not widely questioned.

In the 1980s, the National Society of Professional Engineers (PE) faced a similar issue: too many people were calling themselves engineers. To address this, the PE implemented several strategies:

  1. Title protection for professional engineers (PE).
  2. State certification in all 50 states.
  3. Enforceable laws prohibiting anyone without a license from claiming the title or practicing as a PE.
  4. Publishing a “Responsible Charge Statement,” among other measures.

These steps were instrumental in the success of the engineering industry. Many engineering firms have thrived, keeping up with wage inflation, with some companies earning millions annually. This is a model that stenographers could have followed—and arguably should have—if a similar strategy had been adopted.

Instead, the National Court Reporters Association (NCRA) introduced its own certification, but only succeeded in getting 8 states to mandate it and 13 more to make it an optional requirement alongside their own state licensing. Unfortunately, this left 27 states without any form of licensing protection. This gap allowed the digital transcription movement to exploit the lack of regulation, starting with states like Florida, where they’ve completely dominated the market. Meanwhile, stenographers are left struggling with fewer opportunities.

The view that the NCRA’s actions (or lack thereof) have contributed to the decline of our industry isn’t popular, but it’s one worth considering. What the NCRA should have done was abandon its certification program and instead advocate for a standardized “CSR” (Certified Stenographic Reporter) license across all states. Had this happened, along with title protection and a Responsible Charge Statement in each state, we would have been much stronger, and the rise of digital transcription would have faced far more resistance.

While it’s likely illegal to require certification from a single monopolistic organization—something the PE didn’t attempt to do—this issue has yet to be addressed in court. The NCRA could push for a state license, but it cannot require a license from a third-party monopoly. This opens the door for potential antitrust lawsuits. Interestingly, it seems Christopher Day is in talks with someone who may be preparing to challenge the current system.

If this issue were to come to light, the response would be massive. Reporters who have spent years and significant amounts of money on certification exams, CEUs, and conferences would be up in arms. Such a challenge could drastically shake up our industry, and we’d see plenty of backlash from those invested in the current setup.

A possible solution to this issue would be for the NCRA to collaborate with state governments, professional organizations, and individual stenographers to establish a universally recognized, standardized “CSR” (Certified Stenographic Reporter) license across all states. This unified approach would ensure consistency in qualifications, title protection, and professional standards, strengthening the profession and making it more difficult for digital transcription methods to replace us. By working toward state-mandated CSR licenses and implementing a uniform “Responsible Charge Statement,” the NCRA could help solidify the role of human stenographers, offering greater legal and professional protection nationwide. This proactive, collaborative effort would not only restore the credibility of our profession but also secure its future by defending it against further encroachment. Rather than perpetuating cycles of infighting and divisiveness, we should come together as one force, advocating for a solution that benefits everyone. By setting aside differences, we can demonstrate the power of unity in protecting and growing the stenographic profession for years to come.

A Fox Inside the Chicken Coop: Do you Know Who is on the CA Court Reporters Board?

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Unveiling the Reality of Stenography Student Success

We’ve all seen the glossy stories of steno success—the instant breakthroughs, the effortless achievements. But let’s get real for a moment: success isn’t all red carpets and champagne. It’s time we discussed the unglamorous side of achieving steno student success, the gritty details often overlooked.

First, let’s debunk the myth of overnight success. Behind every “sudden” breakthrough usually lies years of unseen hard work, numerous failures, and relentless persistence. Steno success is less about a single moment of glory and more about the accumulation of consistent effort over time.

The Daily Grind

Achieving steno success often means early mornings, late nights, and sacrificed weekends. It involves showing up even when you don’t feel like it, enduring the monotony of practice, the frustration of trial and error, and maintaining discipline when results aren’t immediate.

Here’s a truth bomb: successful stenos fail—a lot. But they don’t let it stop them. Each setback is a lesson, and each rejection is a redirection. The path to steno success is paved with failures that most people never see.

The Loneliness of the Long-Distance Runner

Pursuing your goals can sometimes be a lonely journey. While others are out having fun, you might be burning the midnight oil. It can mean missing out on social events, dealing with skepticism from others, and battling self-doubt in solitude.

Steno success isn’t a steady climb; it’s a rollercoaster of highs and lows. There are moments of exhilaration and periods of crushing self-doubt. Managing these emotional fluctuations is part of the unglamorous work that goes on behind the scenes.

The Sacrifice Equation

Every steno success requires sacrifice. It might mean putting certain aspects of your life on hold, stepping out of your comfort zone, or making tough choices. The question isn’t whether you’ll have to sacrifice, but whether what you’re gaining is worth what you’re giving up.

Not everyone will understand or support your journey. Dealing with skepticism, criticism, and sometimes even sabotage from others is part of the package. Developing a thick skin and staying true to your vision is crucial.

Remember, for every 1,000 practice steno strokes at goal speed, you can progress 10 wpm in speed. It’s mathematical. Put in the time and put in the steno strokes.

The Constant Evolution

Success isn’t a destination; it’s an ongoing process. Even after achieving your goals, there’s pressure to maintain your success, to keep evolving, and to set new benchmarks. The work doesn’t stop—it just changes form.

So why am I telling you all this? Not to discourage you, but to prepare and inspire you. Knowing the real deal behind success stories can actually be empowering. It means that success isn’t about being special or lucky—it’s about being persistent, resilient, and willing to do the unglamorous work.

The next time you see a steno student success story, remember the iceberg principle—what you see is just the tip. Underneath is a mountain of hard work, setbacks, doubts, and perseverance. And that’s the beauty of it—because it means steno success is within your reach too, if you’re willing to embrace the unglamorous side of the journey.

So roll up your sleeves. Get ready to sweat, stumble, doubt, and persevere. Because that’s what real steno student success looks like—and it’s beautiful in all its unglamorous glory.

Setting the Record Straight

A lot of bloggers have a “lone wolf” mindset, but I’ve never been one of them. Over all of my years of blogging and consuming blogs, one of the top things I have always confidently said is that bloggers need other bloggers. I have said it before, and I’ll say it again and again… Bloggers need other bloggers! Collaboration is one of the greatest ways bloggers can help build one another up. The aphorism “a rising tide lifts all boats” is associated with the idea that improvements in the general economy will benefit all participants in that economy.

StenoImperium is an anonymous blog designed to ensure that its thought-provoking ideas are evaluated solely on their own merits, without bias or prejudice towards the identity of the author. By remaining anonymous, the blog encourages readers to engage deeply with the content and the ideas presented, fostering an open-minded and unbiased discourse. StenoImperium is dedicated to highlighting the pivotal role of the stenographer as more than just the the guardian of the record, but as the Responsible Charge of the verbatim record. It will explore every facet of this responsibility, unearthing and confronting any threats to the integrity of the record.

StenoImperium is NOT authored by Christopher Day and has no affiliation with him or his blog called “Stenonymous.” They are distinctly separate blogs. However, in the interest of helping his blog succeed, StenoImperium’s author has made efforts to collaborate by doing things that bloggers in the outside world do, such as guest posting, commenting, and engaging with the Stenonymous content, featuring him in our blog posts, served as one of his informants, and shared his posts extensively, contributing to his growth to thousands of followers on Facebook, LinkedIn, and Instagram.

I’ve shared his blog, leading some to mistakenly believe I wrote it, just because I shared it. Similarly, he shared my blog, and someone thought he authored it. One time, I even shared a Facebook post from an agency, and a reporter assumed I worked for that agency (I’ve never worked for an agency). It’s strange how quickly people draw erroneous inferences and make assumptions on social media.

Over the years, I’ve had limited ocassion to interact professionally with Mr. Day. I met him once in person, in passing, by chance, at the Las Vegas NCRA convention. We did a TikTok duet once, ad hoc. I’ve talked to him on the phone a couple of times. We’ve FB messaged back and forth dozens of times over maybe a decade, infrequently. We also had a Zoom call once, but he was on a train using his phone, resulting in poor visual and audio quality. In addition to living 3,000 miles apart and having significant differences in age (at least two decades), you couldn’t find two individuals who are more polar opposites on almost everything, from personality types (He’s Phlegmatic and I’m Choleric) to Star Signs to Politics to Religion, and just about everything in between. Our shared career and interest in protecting the future of stenography connects us, though we often have differing views on how to achieve that goal. We have been, at most, professional acquaintances, through his blog, and I’ve never considered him more than that. His thoughts are NOT my thoughts and vice versa. His blog is NOT my blog. Two different bloggers with two distinctly separate blogs.

I believe that if someone in our community claimed Christopher Day is the author of StenoImperium, it was an innocent, yet ignorant mistake, as I’ve seen such mix-ups happen several times. (See, I did it again, hyperlinked back to his blog with a reference to something he said, on the word “claimed” in blue font above.)

For Christopher Day’s Blog, please visit http://www.Stenonymous.com

I have no intention of damaging his brand or causing him to feel defensive. I don’t believe he could have been referring to me with any of his insinuations in his latest blog post. On the contrary, I’ve significantly contributed to the success of his brand over the years by sharing his content and engaging on multiple platforms. I’ve leveraged my influence and helped him widen his social media reach to help his blog flourish over the years.

Here are some facts about StenoImperium:

STENOimperium is ONE word.

StenoImperium will NEVER solicit money from its readers.

StenoImperium does NOT operate to gain metrics or followers.

I’ll add this to the bottom of every blog post from now on, Chris.

Court Reporters are Killing Each Other

Did you know that if you put 100 black ants and 100 red ants in a jar, nothing will happen? But if you shake the jar hard, the ants start killing each other. The red ants consider the black ants their enemies, and the black ants consider the red ants their enemies. The true enemy is the one shaking the jar. The same thing happens in human society. So, before we attack each other, we should think about who is shaking the jar!

Credit: Kurt Vonnegut

The hands around the jar are multitudinous, but include the big boxes that are going digital, the attorneys who steal our transcripts, judges who choose ER and are ousting officials, long-time steno allies cannibalizing steno products for digital products, insurance companies who are commoditizing stenos, and the list goes on. But incoming NCRA President, Keith Lemons, stepped on an ant hill when he disbanded the NCRA Strong Committee.

An anonymous blog by the name of WUNCRA is circulating a petition which “seeks the voluntary resignation of incoming president Keith Lemons for choosing to disband NCRA Strong at a time when additional advocacy is needed, not less.”

Keith Lemons’ prickly demeanor is not sitting well with the 95% female population of court reporters who want answers. He has a reputation for having a typical modus operandi that will quash and block any opinion that he disagrees with. See for yourself one of his exchanges, where he’s seen minimizing the disbanding of the Strong Committee as simply “morphing” into another committee called the Government Relations Team (GRT) .

I was surprised to learn that Keith Lemons is not even a working court reporter.

What’s interesting is when you go to the NCRA’s “Meet the Team” page, it doesn’t even list the President, who is a court reporter and is elected by the members every year. You have to go to the “Leadership” and then “Board of Directors” page, kind of buried.

Keith is a retired freelancer, former firm owner, and former official reporter. Apparently, he’s qualified, although not currently a reporter. Retired reporters are eligible to serve as a President of the NCRA. “Once a reporter, always a reporter” is what I always say.

I guess if you don’t like Keith as a candidate for the Presidency, you have the nominating committee to blame; right? But who were the members of the Nominating Committee that nominated Keith Lemons? In a cursory search for the answer to that question, I found this list. This is just a screenshot of the Nominating Committee list that was pulled directly from the NCRA’s website today (7/24/2024), but I’m being informed by readers who are coming forward with information that this is not the Nominating Committee who were privy to discussions about, nor did they nominate Keith Lemons:

These are NOT the Nomination Committee members who voted for Keith Lemons. I’ve had two members come forward to provide information that this list of committee members were never informed of Keith’s nomination and never discussed it. See the “Addendum” below for more information.

The duties of a President of the NCRA includes verbs such as presides, liaises, appoints, chairs, informs, consults, collaborates, communicates, cooperates, develops, delegates, ensures, and serves. It appears, though, from the job description, that he cannot arbitrarily disband a committee and appoint a new one without the approval of the board. Did the board vote for the Steno Strong committee to be disbanded? When? Who voted yay on that?

Language straight off the NCRA.org website

What can we do? What recourse do we have if we perceive foul play? File a complaint!

Who did Keith Lemons piss off when he disbanded the Strong committee? These ladies, for beginners. The list reads like the Who’s Who of the court reporting world. Not any of which I would want to make enemies with.

“Hell hath no fury like a woman scorned!” ~ Shakespeare

Interesting fact: The notorious Christopher Day, the Stenonymous blogger, was also on the Strong Committee at one point in time. (By the way, Christopher Day has absolutely NOTHING to do with the StenoImperium blog. Please don’t get the two blogs confused.)

ADDENDUM:

As an addendum, I am going to include a screenshot of a comment from two readers who commented on the Nominating Committee that I shared from the NCRA website:

The list of committee members was copied and pasted from the NCRA website this morning. I don’t know who the prior year NomCom is for 2023-2024 who would have selected Keith Lemons. So I was NOT incorrect that it is the Nominating Committee who is supposed to make the recommendation of the next president-elect for the NCRA, but I was incorrect that it is the “CURRENT” NomCom, on which Kimberly Farkas serves. It is the immediate past NomCom, whose members are unknown to us, that nominated Keith Lemons. It’s helpful to know that there is a contest period of 60 days. When does the 60-day clock begin to run?

The information about the NomCom on the NCRA website is light. It doesn’t give the information that Kimberly articulated above. This is all there is, and when you click “Learn More,” you get a list of the nominating committee names, which I’ve shared the screenshot above.

So to clarify, there will not be a vote for the incoming president at the upcoming NCRA convention. Keith Lemons is already locked in as the President-elect. So it goes back to my other suggestion, that if members choose, they can complain about violation of the policies and proceedures or bylaws, if you find that any violation occurred. Or you can continue with the WUNCRA petition to seek to get his attention and ask him to voluntarily resign. But I would hope that there be a plan in place for an immediate and competent replacement.

Here is the second comment from a reader who appears on that list and has provided information that as a NomCom member on this list, he was NOT privy to discussing nor voting for President-Elect Keith Lemons.

It pains me to see the backstabbing of court reporting professionals in our industry. Having been personally affected by a disgusting mob several months ago, I’m painfully familiar with the sting of having a target on my back. It seems that once a reporter steps up to volunteer in our profession or to blow a whistle on unethical behavior or actions or business practices, the target on their back emerges, and the gossip and gangstalking begin. I don’t know if it’s because it’s a 96% female industry, and women fight using below-the-belt tactics, such as gossip, which destroys reputations and is impossible to address the accuser and defend, but I haven’t seen the whisper assaults in the other male-dominated industries I’ve worked in. I’ve seen really competent and professional and capable leaders make the choice to step down, step away, and end their volunteer service to our court reporting profession after being emotionally abused and attacked by their peers in THIS profession.

I have to ask: Is there another responsible way of handling the malcontent? Can we give Keith a chance? Have the Strong Committee members asked to serve on the new committee? I’ve urged Keith, personally, to be as forthcoming as possible with communicating his plans to the steno world and not wait for his “timing.” I expressed that I believed it was a mistake to let the malconent boil over. I was blocked. Can others reach out to him and urge him to communicate his plans and not leave our community in the dark? Can we get him to the so-called “table” to discuss his plans for the future committee? Keith has an impressive 40 years of experience and service to this industry. We owe him more than a petition asking him to resign. We do deserve answers though too. There are two sides, with two sets of expectations, and we need to get to the bottom of each and come up with a solution that works for our profession. Further dividing the profession at a time like this is not wise. I see that there is an obvious breakdown in communication, but we must be persuasive and persistent in our efforts to lead the resolution efforts.

I urge you to put down your swords and rocks, cast aside your opinions, refrain from gossip, follow the processes and proceedures the organization has laid out in civilized, professional societies to resolve disputes in an orderly and public manner using the complaint form so the organization can address complaints publicly, and not in secret in the dark. Give it time.

As more comments flow in, I will post them and address them. Here is an email from the NCRA with the correct link. Click on the picture and it will take you to the link. I received the response from the NCRA within 3 hours of my request – an impressive response time.

So here is the information I was looking for, the nomination committee and slate of officers for 2023-2024. NCRA did communicate this to all members through their web platform in a timely manner, with all the information one could want – who, what, when, where, how, deadlines, links, etc. All out in the open – total transparency.

We have to really read between the lines to get the full story here. It says the NomCom “announces” the slate and includes “nominations.” That’s the same template language they’ve used in past releases. But there’s one word missing from the announcement when Keith Lemons nomination to President-Elect was announced – “pleased.” That’s a huge distinction. Could it be that the behind-the-scenes political discord is rearing its ugly head in their public announcement with the omission of that one little adjective which changes the meaning completely and gives us some insight? Does is give us a clue?

Here’s another comment from a reader, Allison Lewis Kimmel:

I would say to Allison Lewis Kimmel, in response to her comment, that I am not “slinging mud” at any of the nominating committee members. I, personally do not taken a position on the WUNCRA petition and am not a member of it. I just found out about it yesterday. I’m just posting their petition, which I have not signed. I think that posting a screen shot of the NCRA’s website with the Nominating Committee is not mudslinging. Making a suggestion that the WUNCRA committee find a better resolution than circulating a petition to get him to voluntarily resign, which will most likely not happen, is not mudslinging. I’m about getting results, and I’m focusing on that. If you want to effectuate change, you have to do it through the proper channels. It seems like finding out the nominating process would be a good start and finding out who voted him in and get answers from them, if WUNCRA takes issue with Keith being the next president. But the Strong Committee members are upset and WUNCRA is upset. I am not, as I’m in the dark about all the politics that this matter has dredged up, and I don’t know what happened. I received the petition, and I want to know what’s happening. I’m making an observation that as times get tougher in our profession, the infighting seems to be getting more heated.

I’m a busy working reporter. I’m a blogger. I’m not an investigative journalist. I’m not a professional journalist. I’m not paid to write and investigate facts. I take things I see and write about it, on a blog. If you want facts, go to a legitimate news source. A blog, my blog, is not a news source. This is an opinion, op-ed, blog. I find out about things going on in our profession and then go on a journey to find out more about it and share what I’m learning along the way. You can come with me and see what I find out, see what others are sharing with me about it, see how I’m synthesizing the information to formulate possible avenues to solve problems, and enjoy the discussion and thought-provoking questions along the way. You can tell me I’m wrong, I’m stupid, you disagree, you would have done it differently – and you’re probably right. Or maybe you’ll have an ah-ha! moment and go write a Facebook post about it.

BREAKING INFO

This gets more interesting as the inside information develops and fills in the big gaping holes from the bystander bleachers I seem to find myself in on this issue, watching it unfold along with the general audience in our small community. It seems that even the 2023-2024 Nominating Committee didn’t nominate Keith Lemons to President-Elect. See what my inside source had to say:

Turns out that little adjective was insightful. There WAS a lot of drama behind the scenes over the whole thing. But lips of the committee members are tightly sealed.

With the NCRA Convention approaching rapidly, 6 days from now, maybe you’ll consider getting there early to attend the business meeting, because it’s sure to be a hoot. You might be able to glean a lot more about this all from being there in person rather than behind your phone or keyboard reading a blog.

What can you do if you don’t like the leadership or the direction our organization is going? Get involved. Volunteer. Be a part of the change. Be the change you wish to see in our world!

FYI:

Want To Crush Your Self-Doubt? Learn The Habits Of Confident Professionals

Ever notice how some people seem to radiate confidence effortlessly?  Here’s a little secret: it’s not magic, and it’s definitely not something they were born with. Confidence is a skill—one that you can learn, develop, and master.  But here’s the catch: like any skill, confidence requires practice. It’s a muscle that needs regular exercise to stay in shape.  So, whether you’re already feeling pretty good about yourself or looking to take your self-assurance to the next level, we have the proven expertise and tested strategies to boost your confidence and propel your steno career to new heights.  Want to unlock the secrets of unshakeable confidence? I will reveal five game-changing habits that successful steno leaders swear by!

Kickstart your confidence journey with these five game-changing habits that will help you build and maintain unshakable confidence:

Embrace The Yes-and-then-figure-it-out Mindset:  Say yes to opportunities, then figure out how to make it happen. This is how you grow and discover your true potential. New court reporters often get thrown to the wolves in a trial-by-fire exercise, mostly unintentional. You may find yourself in a depo where you are totally unprepared, such as in an asbestos case with 40 attorneys in the room. First step: breathe! You can get through this! Remember your sign changes trick that experienced reporters posted about on Facebook where you double stroke their name or identifying characteristic. Most of the time, only two attorneys will be talking and you’ll realize at the end that you psyched yourself out for nothing. You can call your mentor after the proceeding to figure out how to do all those appearances. Remember to introduce yourself, get a business card from everyone, and ask who they represent, and then get every word! If you need to stop and ask them to slow down or to repeat something, just do that, as you would normally do in a regular, easy depo. Act as if you’ve done it a hundred times, and keep telling yourself “You got this!”


Show Up, Even When It’s Scary:  Courage isn’t about feeling fearless; it’s about taking action despite your fears. Showing up is half the battle. The more you do the tough stuff, the easier it gets. The first time I reported a high-profile assignment with celebrities where the audience was packed wall to wall and the media was there was nerve-wracking and intimidating. My hands were even shaking when I started writing, and I felt like everyone was watching me. I kept my focus on my laptop, watching my realtime that was being broadcast to the judge and several attorneys. The nerves dissipated after a few minutes, and I was able to perform like it was any other day on the record. Now I look forward to those high-profile trials! You’ll be able to do any assignment that comes your way with finesse!


Focus On Progress, Not Perfection:  Small improvements are more important than flawless execution—baby steps forward are still steps in the right direction. When turning in my first YesLaw appeal electronically, as a primary reporter, with 20 volumes, it was rejected 3 times before it was perfect. But now I know all the little things to look for on the next appeal. Another area to focus on for small improvements is your realtime writing. It seems like a lifelong pursuit to have 100% perfect realtime. With each job, I work on a list of case-specific briefs and then I work on fixing one or two problem areas of my writing. I’ll put a word list in front of me, alphabetized, with the bfriefs, and I’ll include the two things I’m working on at the top of the page and I highlight them. For example, I had a couple of conflicts left to resolve, such as online/on line and weekend/week end. Every time those came up during the day, I would focus on writing it correctly. If I didn’t write it correctly, and I realized it after the fact, I would write it at the end of the paragraph when there was a pause in the proceedings; that way you are creating finger-brain muscle memory. Training your finger-brain muscle memory can happen any time during the day, not just as it is happening in realtime. Catch your brain making the mistake and correct it as soon as you are able to and write it correctly. You can erase it later. My writing is almost completely conflict-free now, after over a decade’s work at trying to resolve them all. Sure, I could have done it in a month, but it’s not a race.


Reframe Failure As A Stepping Stone To Success:  Failures are valuable learning experiences—every setback offers insights that bring you closer to success. Not many reporters pass the RPR or CSR on their first try. The fact is, only 10% who try actually succeed at passing these tests. I passed the CSR on my second go. After taking the RPR numerous times over 10 years, the NCRA finally eliminated the open time limit. I took the CRR over six times and failed. I finally started hypnotherapy to address my test anxiety, and found that it also improved my performance anxiety, such as when a jury is behind me watching me or when I’m writing realtime to attorneys and judges.
The importance of failure in achieving success is highlighted by its role in providing valuable learning opportunities and building resilience and perseverance. The psychology of failure reveals that it is not simply a setback or a negative outcome, but rather a crucial stepping stone towards personal development. Failure allows individuals to reflect on their actions, analyze their mistakes, and learn from them. Through failure, individuals gain insights and lessons that can be applied to future endeavors. Additionally, experiencing failure helps build resilience, as individuals learn to bounce back from setbacks and continue pursuing their goals. It also fosters perseverance, as individuals develop the determination to overcome obstacles and keep striving for success. Therefore, embracing failure as a learning opportunity is essential for personal growth and achieving success.

Never, EVER Give Up On Your Goals:  All dreams face obstacles, but consistent effort will eventually break through any barrier. Do you dream of one day achieving your RDR Certification? Dreams act as a powerful motivator, fueling your purpose and igniting your passion. The journey towards achieving them is just as valuable. It builds resilience as you overcome obstacles, teaching you valuable skills and shaping you for success. It gives you opportunities to meet other reporters who are pursuing their RDR and it helps you appreciate and admire and respect the reporters who have achieved their RDR or other accomplishments. Dreams provide direction and purpose, guiding you towards a fulfilling life. The road may not be smooth, but persistence is key; it brings you closer to your goals.  I hope that you will dream big!

Here are a few of my favorite inspirational quotes:

“Success is not final, failure is not fatal: it is the courage to continue that count.” – Winston Churchill

“Believe in yourself and all that you are. Know that there is something inside you that is greater than any obstacle.” – Christian D. Larson

“If you want to achieve greatness, stop asking for permission.” – Unknown

“Success is not how high you have climbed, but how you make a positive difference to the world.” – Roy T. Bennett

“The greatest glory in living lies not in never falling, but in rising every time we fall.” – Nelson Mandela

Cease-and-Desist from a Counterfeit Counselor – Shaunise Day’s Legal Lapse

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New York Courts Exploitation of Court Reporter Transcripts: Historic and Unacceptable

I just learned that the New York courts plan to publish daily transcripts of the Trump trial.

This is a blatant and egregious exploitation of the court reporter’s transcript! New York court’s are using an official court reporter to capture the live verbatim testimony in that trial. Official court reporters across the country are employed by the court, given a salary and benefits, but when it comes to the production of transcripts, they are 1099 contractors, who use their own software, hardware, and subcontractors, such as scopists and proofreaders, and they sell their transcripts to attorneys, independently of the court.

Calling it a novel step and historic and comparing it to the court publishing filings and decisions by salaried judges, and case exhibits is NOT the same thing as a court reporters transcripts. Court reporters should be compensated for their work.

I would have no problem with the court offering to SELL the court reporters’ transcripts online, without taking a cut, but completely exploiting the court reporter and making it available to the public for free is unacceptable. The court reporter is NOT earning a salary for producing transcripts and the county does not pay for her equipment, licensing, subcontractors. The court does NOT own the transcript. Producing transcripts is how court reporters earn a living. It takes a tremendous amount of skill and work and time and stress for a court reporter to produce daily transcripts and it’s expensive to hire the support of subcontractors to help make it happen. This is highly exploitative of New York’s highly skilled workforce!

Voice Writers are Stenographers Too!

I received a great question in a comment earlier this morning and I’ve been thinking about it a lot as I went about my busy day. I wanted to give it its own post and then expand on it as well.

Kim,
Thank you for your GREAT question! And congratulations and welcome to the wonderful court reporting profession. Webster’s defines “stenography” as using shorthand to make a verbatim record. Voice writers use verbal shorthand cues that translate into the same Eclipse CAT software that machine writers use to make an instant verbatim record. The term “stenography” would encompass both methods of making a verbatim record, machine and voice. And there would be a third method of making a verbatim record, pen writers, but it’s my understanding that there aren’t any more pen writers working, I’d love to know if there still is one or two if anyone has any information about it, please share.

When I wrote about “fake machines,” I was referring to the fact that digital workers were given real stenograph machines to bring with them on the job by their agencies and then they pretended to type on them to make themselves look like real court reporters. So the machine isn’t fake. It’s a real machine. But the fake part was that these imposters were using them a props. So “fake” referred to the fact that they were merely a prop in the hands of someone unskilled to use it.

I believe that voice writers had a big win when the California CRB decided to allow them in CA. The decision was made years ago, but voice writers just started receiving their CSR certifications after passing the test late last year, in 2023. Good things take time.

Backstory. In September of 2017, Tori Pittman posted in my “Why I Love Court” Reporting Facebook group about voice writing and how it should be accepted everywhere. At the time, I didn’t know anything about voice writing and CA didn’t allow it, so I never bothered to research more about it. It was irrelevant to me, and reporters are busy enough pumping transcripts out. She continued to debate the merits on my group, and I just asked her politely to bring that debate to a bigger stage where she could actually impact the change that she was seeking. My group was small and the focus was different. The WILC group was created because my alma mater school told me they lost 3 students because they went to a FB vent site for court reporters. We couldn’t have our prospective students dropping out because of all the negative gripes from working reporters. We love our career, but every career has legitimate gripes. So I created a positive FB group that the schools could send their students where they weren’t in danger of dropping out, so the last thing I needed was a debate or controversy. The schools were watching. I told her that my group wasn’t the place and that I had no opinion one way or another. But I advised her that if she really wanted to change the laws in CA, she needed to start at the top, not the bottom. I openly admitted I was just a working reporter on the front lines with no power, no control, no influence, nothing. She was barking up the wrong tree. I told her the DRA and CCRA would NEVER let her idea get passed them, the gatekeepers. She should go above them to the CRB, the arbiter, pitch it to them, and let them decide. Months later, she was on the agenda, flew to CA, made her pitch and it was approved. A day later, the DRA and CCRA were on it and at the next CRB meeting it was tabled indefinitely, with all their excuses about how their voices would be distracting during a machine test, making the logistics impossible and they’d have to work out the details, which meant never. You can thank people like Stephanie Whitehead, a San Diego reporter (machine), who spent the next almost decade educating reporters up and down the state on the merits of voice writing. She helped get the first school in CA to start a voice writing program. Today, 2024, all 7 reporting schools in CA offer voice writing. She has turned the state into a fan of voice writers, and anyone who speaks a negative word is immediately shot down, and educated. I’ve had two voice writers sit out with me in court recently and we’ve educated the attorneys and judges about voice writing and how it’s just as good as machine writing (with one big difference, which I’ll get into later). Now, Los Angeles Superior Court, the largest court in the United States (and probably the word), has voice writers. I don’t know the exact amount. Since California’s population of court reporters is about 2/3 of the country’s total reporters, I can envision the entire country being accepting of voice writing in the very near future!

There were three major things that impacted my opinion of voice writers. First, Tori Pittman told me that they had saved the jobs of machine officials in Georgia! They could not find enough machine stenographers to fill the positions and the plan was to eliminate all of their jobs and replace them with electronic recording devices. By accepting and then allowing voice writers, they were able to come in and fill the jobs that were open, and they worked harmoniously together. There’s still a mix of voice and machine in Georgia, and voice has not overtaken machine. Second, I traveled the country speaking and being a vendor at 7 state conventions for the past couple of years and I would see Jennifer Thomas with her Eclipse booth at so many of them. She had her mask and was demonstrating voice writing. I’ve had numerous conversations with her over the time, always learning something new, watching her demonstrations and listening to her conversations and picking her brain with my own questions. She is an amazing voice writer and trainer. I watched her do exactly what I do to make a verbatim record on the same CAT software and I could not hear a word through her mask – not a sound. And finally, the Navy has used voice writers exclusively for over 60 years. That needs no further elaboration.

But I will say that with the shorter amount of time that it takes to get reporters working using voice versus machine (one year vs. three, on average), it’s appealing. And a lot of voice students are also learning steno with the goal to use voice to start working and then continue with their steno machine skills until they pass the CSR again using a steno machine. I also know several stenographers who went back to school to learn voice and now how a CSR for voice and machine. I think it’s a good backup in case your hands or back give out on you. You’d be able to continue working without the retraining time.

Your last point, you’re absolutely right! People need to see it! I was lucky enough to travel out of my small world to see it firsthand. I’m trying to help overcome the bias with educating others in everyday conversations, bringing in voice writers to sit out with me and then letting the other official and freelance reporters know I’ve got a voice writer with me that day so drop in – and they have! I think voice writing students are doing a lot on social media right now to help showcase the method. I think machine stenographers could do more to help talk about welcoming you into our profession and dispel the fears that you will take over and we’ll lose a job. That’s still their concern. I think that because you have California reporters almost all accepting of voice writing now, you will start to see some big changes in the perception of voice writers all over the country soon. The bias will be eliminated soon. Just keep being part of bolstering the image of voice writers and keeping professional standards high.

***And full disclosure, these women – Jennifer Thompson, Tori Pittman, and Stephanie Whitehead – are pure professional acquaintances who I met and spoke to in my professional capacity. They are not friends. I’ve never had lunch with them. I don’t have their cell phone numbers. And I have never shared a phone call with them. I have the utmost respect for all 3 of these remarkable women, powerhouses in our Steno profession.
Outside of our profession-focused conversations at conventions or a passing hello, I have no contact with them.

A Steno Imposter Roams Without Recourse

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Examining Raffles, Business Registration, and Compliance in SITC Events

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Not All That Glitters is Gold: Exposing Unethical Business Practices, Including the Illegal Use of ‘Volunteers’ at SITC

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Steno Meritocracy versus Social Connections


In the realm of court reporting, the dichotomy between Steno Meritocracy and Social Connections presents a perennial debate. On one hand, the profession prides itself on a meritocratic ethos, where success is ostensibly determined by skill, dedication, and proficiency in stenography. However, the importance of social connections cannot be understated. Networking and fostering relationships within the community can open doors to opportunities, mentorship, and support.

Loneliness poses a significant challenge within the court reporting sector, extending beyond our professional realm to a broader societal concern affecting middle-aged women across the nation. Dr. Vivek Murthy, the Surgeon General, highlighted the alarming prevalence of America’s “loneliness epidemic” in 2023, underscoring its correlation with heightened risks of health ailments like cardiovascular disease and depression. Given the solitary nature of the court reporting profession, its susceptibility to this issue is particularly pronounced.

Court reporters, whether operating officially or as freelancers, along with CART providers and Captioners, all possess a common characteristic: exclusivity. As stenographers are entrusted with creating the official record, only one can fulfill this role. Consequently, they often find themselves working solo, traveling to job sites. In the legal sphere, court reporters compile transcripts, frequently dedicating evenings and weekends to this task when not physically present on a job. Such a schedule often entails extensive solitary hours spent preparing transcripts well into the late night and early morning.

Loneliness is a painful emotion that arises when a person perceives that he or she is alone, or is being shunned by and isolated from other people. It can stem from working in a virtual or geographically dispersed team, or from being in a team of one.
Individuals experiencing loneliness often exhibit decreased commitment, creativity, collaboration, and attentiveness, leading to a decline in both the quality and quantity of their work. Additionally, loneliness has been recognized as a contributing factor to workplace burnout.

Stenographers endure feelings of loneliness to a significantly greater extent compared to the average middle-aged American. With the average age of court reporters in the U.S. hovering around 51 or 55, it’s apparent that a substantial portion of the approximately 27,000 stenographers are likely grappling with loneliness.

I once came across a claim suggesting that the suicide rate among court reporters surpassed that of dentists. Intrigued, I attempted to verify this assertion but couldn’t find any evidence to support it. However, from time to time, I encounter reports of court reporter suicides. With the proliferation of Facebook groups among court reporters, such narratives are not uncommon to stumble upon.

Why are stenographers lonelier than average Americans in Middle Age?

Cultural norms, such as an emphasis on individualism, heightened social media usage, dwindling social ties, and escalating political polarization, can exacerbate the divide among stenographers, fostering feelings of isolation. Middle-aged adults often grapple with weakened family bonds and lack the social safety nets enjoyed by the average “employed” populace, such as family leave, unemployment protection, and childcare support.

The court reporting profession places a significant amount of emphasis on individual achievement, prioritizing economic market competition, choice, and the notion of a meritocracy that rewards talent, ability, and excellence. Esteeming high achievers on a pedestal, this culture witnessed a surge in reporters obtaining credentials like RPR, RMR, RDR, CRR, during and after the pandemic. However, this emphasis on individual achievement may lead to a disconnect from others, framing the world as an individualistic competition and sidelining the importance of fostering healthy social connections.

In the realm of court reporting, an unnecessary air of competitiveness can prevail despite abundant work opportunities due to high demand. Instances of court reporters poaching clients from agencies can breed suspicion and excessive client protection measures. Such actions are deemed unethical, as they undermine the hard-earned relationships of agencies. While some may disregard ethical considerations, it’s worth noting that karma has its way of catching up with such behavior.


To address professional isolation and foster a nurturing work environment, it’s crucial to emphasize communication and camaraderie within our court reporter community. This entails organizing frequent gatherings, fostering informal social gatherings, and facilitating opportunities for open dialogue. By encouraging reporters to openly express their experiences and emotions, be it related to work or personal matters, we can cultivate stronger bonds and cultivate an environment of inclusivity and support. Here are a few more suggestions to consider.

Embrace Volunteering: By actively participating in volunteer initiatives with both your state and national associations, you not only contribute to meaningful causes but also cultivate a profound sense of purpose and fulfillment. Moreover, volunteering offers invaluable opportunities for forging deep connections and fostering a sense of community with like-minded individuals.


Be a Mentor: Offer your availability for students seeking to accumulate apprentice hours or commit to long-term mentoring relationships. Reach out to local court reporting schools, state court reporting associations, the NCRA, or Project Steno to connect with students. Additionally, students can utilize NCRA’s ProLink platform to locate reporters in their vicinity. Another resource is CoverCrow, which now offers a free mentor/mentee student matching feature. Court reporters can create a profile on this platform, allowing students nationwide to find and contact mentors in their area.

Speak at Court Reporting Colleges: Contact court reporting colleges and offer to speak to the students. You can do this remotely now. One time, I was driving home from an all-day assignment, and I pulled off the freeway into a parking lot where I was able to connect via Zoom remotely using my iPhone to give a scheduled presentation to students for an hour. It doesn’t require much preparation; just speak about what you do for a living.

Engage in Career Days: Maintain active involvement in promoting the court reporting profession by participating in career day events across various educational institutions, including colleges, high schools, and elementary schools. These occasions offer chances to expand your network and foster meaningful social connections. Utilize the resources provided by the NCRA, such as handouts and demonstrative materials, to enhance your presentation and engage students effectively.

Speak at Bar Associations & Law Schools:
Law schools no longer offer courses on making a record as electives, leaving it to court reporters to fill this educational gap for both future and practicing attorneys. You can seek approval for Mandatory Continuing Legal Education (MCLE) credits and conduct presentations at local bar associations. Additionally, engaging in networking activities at law schools and bar associations can also be beneficial in spreading awareness and knowledge on this important aspect of legal proceedings.

Participate in State & National Association Conventions: Few experiences match the energy and excitement of joining your state or national convention and engaging with fellow court reporters. There’s no one who gets a court reporter like another court reporter. The camaraderie among peers is unparalleled, offering invaluable networking opportunities and fostering lasting friendships that can uplift your spirits for weeks on end.

Help Your Fellow Court Reporters: Many court reporters are deeply engrossed in their own pursuits, often overlooking the struggles of their peers. It’s essential to pause amidst the rush, perhaps during your commute to a job site, and make at least one phone call daily to connect with another reporter and offer support. Consider scheduling a lunch meeting or extending a friendly greeting when you encounter a fellow stenographer with a recognizable roller bag. Don’t hesitate to initiate these interactions; a simple hello can go a long way in fostering camaraderie.

The most effective strategy is to invest time in getting to know and deeply understand your fellow court reporters. By doing so, you’ll be better equipped to identify when someone is feeling disconnected or excluded. Keep an eye out for any shifts in their behavior or body language. If you notice them appearing downcast, withdrawing from interactions, or experiencing a sudden decline in production, it’s evident that there’s an issue that needs attention.

Certainly, finding time for social connections can be challenging for court reporters, especially when they’re grappling with transcript backlogs and the demands of daily life. This may involve juggling additional jobs or dedicating free time to caring for children or elderly family members, given the soaring costs of caregiving. Social safety nets can help provide some financial support and stability, which, in turn, might also make it easier for people to take the time to build and nurture long-term relationships.

Balancing these two dynamics, Steno Meritocracy and Social Connections, is essential for court reporters seeking advancement in their careers. While meritocracy underscores the significance of individual achievement, cultivating social connections can offer invaluable support and growth opportunities. Ultimately, finding the right equilibrium between steno prowess and social acumen is key to thriving in the competitive landscape of court reporting.

The Rise of Imposters in the Stenography Industry: Button Pushers or Court Reporters?

In the age of technological advancement, traditional professions have undergone significant transformations, and the field of stenography is no exception. However, alongside legitimate advancements, a concerning trend has emerged – the infiltration of imposters masquerading as court reporters. These individuals, armed with fake steno machines and minimal skills, undermine the integrity of the profession, posing a threat to the accuracy and reliability of court transcripts.

Stenography, the art of capturing spoken words in real-time using shorthand symbols, has long been an essential component of legal proceedings. Court reporters, trained professionals adept at stenographic techniques, play a crucial role in ensuring the verbatim record of courtroom proceedings. Their transcripts serve as vital documentation for appeals, legal research, and historical records.

With the rise of digital technology, the field of stenography has undergone significant transformation. Traditional stenograph equipment has evolved and advanced remarkably, including highly advanced Computer-Aided Transcription (CAT) software and state-of-the-art Steno Machine hardware. However, amidst these advancements, there are still concerning efforts to replace traditional stenographers using fraudulent and deceptive marketing tactics, and instead, push basic electronic recording devices as “sophisticated digital solutions,” reminiscent of an era over a century ago when steno machines were non-existent. Despite claims of improving efficiency and accessibility, these purported advancements actually quadruple the time required to create a record. Moreover, they create opportunities for unscrupulous individuals to exploit the system for high profits and personal gain.

Imposters in the stenography industry often operate under the guise of court reporters, sometimes going so far as to even leverage fake machines and business cards, and have an absence of any proficiency in shorthand. They are even boldly identifying themselves as “court reporters,” even in states with title protection laws against identifying as one without a license. These individuals capitalize on the demand for court reporting services while lacking the necessary skills and qualifications. Instead of accurately transcribing proceedings, they resort to pressing buttons on audio recording devices or using Automatic Speech Recognition (ASR) software that is incapable of capturing the nuances and intricacies of speech.

The ramifications of this phenomenon are extensive. Transcripts produced by imposters are marred by numerous errors, omissions, and inaccuracies, which significantly compromise the integrity of legal proceedings. Such inaccuracies have the potential to disrupt the course of justice, resulting in misunderstandings, lost appeals, and even miscarriages of justice. Furthermore, they cast doubt on the credibility of the entire stenography profession, tarnishing the reputation of authentic court reporters. Most notably, the consequences can extend to resulting in subsequent legal malpractice lawsuits against attorneys who inadvertently engage a “digital court reporter,” only to find that their depo transcripts will not be admitted by judges due to lack of professional certification.

The rise of imposters highlights systemic vulnerabilities within the stenography industry. Insufficient regulation and oversight create loopholes that imposters exploit for personal gain. Without stringent licensing requirements and standardized training programs, it becomes challenging to distinguish between authentic court reporters and fraudulent imposters. Additionally, budget constraints in the legal sector may tempt courts to opt for cheaper, unverified non-stenography services, inadvertently perpetuating the problem.

Addressing the issue of court reporter imposters in the legal industry demands a multifaceted approach. First and foremost, there is a need for enhanced regulation and enforcement measures to weed out fraudulent practitioners. Implementing rigorous certification processes, conducting regular audits, and imposing severe penalties for violations can deter imposters and safeguard the integrity of court reporting.

Furthermore, education and awareness initiatives are crucial for empowering stakeholders to identify and report suspicious behavior. Legal professionals, judges, and court administrators must be vigilant in vetting stenography services, verifying credentials, and scrutinizing the quality of transcripts, looking for the “CSR” license number on the reporter’s certificate, and even verifying the license number through the state Court Reporters Board website. By fostering a culture of accountability and transparency, the stenography community can collectively combat the proliferation of imposters.

In conclusion, the infiltration of imposters in the stenography industry poses a significant threat to the accuracy and reliability of court transcripts. These individuals, equipped with fake machines and an absence of skills, jeopardize the integrity of legal proceedings and undermine the credibility of legitimate court reporters. Addressing this issue requires concerted efforts from regulatory bodies, legal professionals, and technology experts to uphold the standards of the profession and preserve the integrity of the justice system.

Robots Are Learning From Stenographers’ Transcripts

In the ever-evolving landscape of artificial intelligence (AI) and machine learning, advancements are continually pushing the boundaries of what was once thought possible. One such groundbreaking development is the integration of stenographer transcripts into the training data of robots. Traditionally associated with courtrooms and legal proceedings, stenographers are now playing a pivotal role in teaching robots how to understand and process human language more accurately than ever before.

Stenographers, highly skilled professionals trained in the art of shorthand writing, have long been relied upon to transcribe spoken language with unparalleled speed and accuracy. Their expertise in capturing spoken dialogue verbatim is now being leveraged to enhance the capabilities of AI systems, particularly in natural language processing (NLP) tasks. By feeding stenographer transcripts into machine learning algorithms, robots are gaining access to a vast repository of human language data, allowing them to refine their comprehension and communication skills.

One of the key challenges in training AI models is the availability of high-quality, diverse datasets. Stenographer transcripts offer a unique solution to this problem. Unlike curated datasets, which may be limited in scope or subject matter, stenographer transcripts capture the richness and complexity of real-world conversations across various domains. From legal proceedings and corporate meetings to medical consultations and academic lectures, these transcripts encompass a wide range of linguistic nuances and contextual cues that are invaluable for AI learning.

Moreover, stenographer transcripts provide a level of granularity that is often missing from conventional text corpora. By preserving the cadence, intonation, and emotion inherent in spoken language, these transcripts offer a more nuanced understanding of human communication. This nuanced understanding is crucial for robots, particularly in tasks that require empathy, sentiment analysis, or interpreting subtle cues in conversation.

The integration of stenographer transcripts into AI training pipelines is not without its challenges. One significant hurdle is the sheer volume of data involved. Stenographers can transcribe hundreds of words per minute, resulting in massive datasets that require careful processing and annotation. Additionally, ensuring the accuracy and reliability of stenographer transcripts is essential, as errors or inconsistencies can adversely affect the performance of AI models.

To address these challenges, researchers are developing novel techniques for preprocessing and cleaning stenographer transcripts, such as automated error detection and correction algorithms. Furthermore, advancements in natural language understanding and speech recognition technologies are enabling robots to parse and analyze large volumes of text more efficiently, accelerating the training process.

The implications of robots learning from stenographer transcripts are far-reaching. In legal settings, AI-powered assistants equipped with stenographer-trained models can aid lawyers in reviewing case documents, conducting legal research, and preparing for trials. In healthcare, virtual assistants trained on medical stenographer transcripts can assist physicians in documenting patient encounters, retrieving relevant medical information, and providing personalized health recommendations.

Beyond specific applications, the broader impact of this technology lies in its potential to democratize access to AI. By leveraging existing resources—such as stenographer transcripts—organizations and researchers can democratize AI development, making advanced NLP capabilities more accessible to a wider range of applications and industries.

However, as with any technological advancement, ethical considerations must be taken into account. Privacy concerns surrounding the use of sensitive or confidential information contained within stenographer transcripts must be addressed through robust data protection measures and regulatory frameworks.

In conclusion, the integration of stenographer transcripts into AI training represents a significant milestone in the evolution of natural language processing and machine learning. By tapping into the wealth of linguistic data captured by stenographers, robots are poised to achieve unprecedented levels of language understanding and communication prowess. As this technology continues to mature, its impact on society is likely to be profound, ushering in a new era of human-machine collaboration and innovation.

Stenos: Robots Won’t Take Our Jobs

In the age of rapid technological advancement, concerns about automation and artificial intelligence (AI) displacing human workers have become increasingly prevalent. However, amidst these discussions, there remains a profession that seems resistant to the threat of automation: stenographers, otherwise known as court reporters. Despite the advancements in speech recognition technology and AI, there are several reasons why automated systems are unlikely to fully replace stenographers in the legal sector.

First and foremost, stenographers, serving as officers of the court, hold the crucial role of the Responsible Charge. They offer an eyewitness account of proceedings and bear the responsibility for crafting the transcript from inception to completion. This involves administering the oath at the outset and concluding by affixing their wet ink signature to the certificate. In their capacity as the Responsible Charge, court reporters frequently enlist the assistance of scopists and proofreaders to aid in transcript production. They oversee the work of these subcontractors and subsequently ensure the accuracy of the transcript by meticulously reviewing and compiling it. With this responsibility, court reporters assume ultimate liability for any potential errors, necessitating errors and omissions insurance coverage to safeguard against potential litigation.

Secondly, the complexity of legal proceedings demands a level of accuracy and contextual understanding that current AI and ASR (Automatic Speech Recognition) technologies struggle to achieve. Legal terminology, nuanced language, accents, and dialects present significant challenges for automated transcription systems. Stenographers, trained professionals skilled in shorthand writing and legal terminology, possess the ability to accurately capture proceedings in real-time, ensuring an exact record of court proceedings.

Moreover, stenographers offer more than just transcription; they provide a human touch to the legal process. They can interpret non-verbal cues, such as tone, emphasis, and emotional nuances, which are crucial for understanding the context of statements made during trials or depositions. This human element is invaluable in legal settings, where the nuances of language and behavior can have profound implications for the outcome of a case.

Additionally, stenographers are adaptable and versatile professionals who can quickly adjust to various courtroom environments and challenges. They can navigate interruptions, overlapping speech, and technical difficulties with ease, ensuring uninterrupted transcription of proceedings. In contrast, ASR systems often struggle with background noise, multiple speakers, and technical glitches, leading to inaccuracies and incomplete transcripts.

Furthermore, stenographers offer a level of confidentiality and security that automated systems may struggle to match. Confidentiality is paramount in legal proceedings, where sensitive information is often discussed. Stenographers are bound by strict codes of ethics and confidentiality agreements, ensuring that the information they transcribe remains secure and protected. In contrast, the use of AI and ASR systems raises concerns about data privacy and security, as these systems may store and analyze sensitive information without adequate safeguards in place.

Another critical factor is the human element of trust. Judges, attorneys, and clients often prefer the presence of a human stenographer, whom they can trust to accurately capture and document proceedings. Human stenographers provide reassurance and confidence in the accuracy and reliability of the transcript, which is essential for the integrity of the legal process.

Furthermore, the cost-effectiveness of automated systems is often overestimated. While AI and ASR technologies may seem initially cheaper than hiring a human stenographer, the hidden costs associated with inaccuracies, technical issues, and the need for human oversight can quickly add up. In contrast, the expertise and reliability of human stenographers justify their cost in ensuring accurate and reliable transcription.

In conclusion, while robots, AI, and ASR technologies have made significant advancements in various fields, they are unlikely to fully replace stenographers or court reporters in the legal sector. The complexity of legal proceedings, the need for accuracy and context, the human element, confidentiality concerns, and the importance of trust all contribute to the continued relevance of human stenographers in the legal profession. As technology evolves, stenographers may incorporate automation tools to enhance their efficiency, but the indispensable role of human judgment and expertise in legal transcription ensures their continued relevance in the face of technological advancement.

Managing Skills Obsolescence in Steno

Optimism and Realism in Harmony

In thinking about optimism, we encounter a compelling crossroad: the intersection of optimism and realism in court reporting. It’s here, at this juncture, that we often find ourselves wrestling with the question: Can we be both optimistic and realistic about our future, or are these perspectives at odds with one another?

Some would suggest that optimism and realism are mutually exclusive — that to be optimistic, one must ignore the harsh truths of reality, or conversely, to be realistic means dampening our hopes for the future.  Yet, this dichotomy misses the richness of combining the two.

There is an imminent threat of skills obsolescence in the court reporting industry today. The effort to find alternative solutions started in the wake of the predicted shortage of court reporters by the Ducker Worldwide study in 2013-14, and led to an onslought of digital recorders and ASR technologies that are hell bent on replacing skilled workers.

What nobody could have predicted, however, was a worldwide pandemic that put millions of workers out of a job. That led them to the next step: Upskilling. 70% of American workers believe that it is critical to be certified in a technology or trade skill, while one in three workers (30%) believe it is important to get a two-year or four-year degree. This is a very different mantra than the one we’ve heard for generations – go to college and get a bachelor’s degree to be successful. We are getting the word out that there are other lucrative paths to success. As a result, our court reporting schools are overflowing with students and our number of new RPR’s and CSR’s across the country is soaring.

What is realistic optimism?

What if we could harness the power of both?  Realistic optimism is the ability to balance out negative and positive things in situations, circumstances and people. It is the courage to explore opportunities, where others are blocked by risk and failure, with the belief that the future will be better than the past.

Realistic optimism isn’t about wishful thinking or blind hope. It’s about grounding our optimism in the realities of our current situation while still aiming for positive outcomes. It’s acknowledging the challenges we face and choosing to believe in our capacity to overcome them.

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This balanced perspective empowers us to prepare for various outcomes, not just the ones we wish for.  It encourages us to take proactive steps, grounded in reality, toward our optimistic visions of a strong future. We can embrace that positive change is possible and we can be a part of that by sharing stories of our successes, for example, the increasing number of students enrolled in a court reporting programs across the country.

Learned Optimism

Is it possible to learn optimism?  Optimistic realism is not a predisposition that we are born with, but rather a competence that not only can be — but should be — developed. Research has shown that the practical use of this skill results in a change of our perception of reality and the quality of our thoughts, both of which eventually affect our physical health. It turns out that:

• Optimists are less likely to develop infectious diseases than pessimists

• Optimists maintain a healthier lifestyle than pessimists

• There is evidence that optimists live longer than pessimists

Studies have shown that positive emotions lead to higher motivation and perseverance, satisfactory quality of interpersonal relations and more frequent functioning at the optimal level, which in turn translates into better personal and professional results. On the other hand, pessimism can generate anxiety, which leads to lower engagement, distracted attention and poorer results. 

As leaders, thinkers, and dreamers, our challenge is to cultivate this nuanced approach. How do we maintain our optimism without losing sight of the ground beneath our feet? How can we leverage realism to bolster, not hinder, our optimistic endeavors?

I invite you to reflect on these questions as we navigate the complexities of leadership and personal growth in our court reporting profession. How have you balanced optimism and realism in your own experiences? Share your insights and let’s learn from each other’s journeys.

Engaging with these concepts is more than an intellectual exercise; it’s a practical guide to living and leading effectively. I encourage you to join the conversation and contribute your perspective at your local court reporting association meetings and on the various court reporter Facebook groups.

Together, let’s redefine what it means to be both optimistic and realistic, embracing the strength found in the harmony of these viewpoints.

Skills obsolescence is always a threat in every industry, but usually it’s where continual advances in technology are revolutionizing the industry. In the court reporting industry, where “digital recorders” are being called “revolutionary,” it’s actually the opposite. There is no advanced technology being used by “digital recorders” and the ASR software is not as advanced as the technology that real stenographers use. In fact, digital recording and transcribing methods would take them back about 100 years in time. It is nothing more than a bold and fraudulent marketing attempt by corporate profiteers. For this reason, I am optimistic that the skilled tradespeople, the gold standard stenographers will prevail in this attempt at market disruption and skills obsolescence.

We do not know what the future holds.

There is no illusion of predictability in our steno world. We do not know what our world will look like in the coming months or years. We just do not know it. But one needs to have a plan and act despite these objective limitations. When we face the dilemma of what will become the basis for our decisions and actions — a pessimistic or optimistic vision of the future — it is worth remembering that we do not have to function in this dichotomy. There is still realistic optimism, which takes into account all the circumstances of the crisis and gives us hope for the future.

Here’s to a week filled with thoughtful reflections and balanced perspectives. Stay positive. We’re winning!

Corporate Cannibalization in Court Reporting

Introduction

The legal services industry, like many others, is experiencing a seismic shift in response to the digital age. Traditional practices are being disrupted, and nowhere is this transformation more apparent than in the field of court reporting. Presently, court reporters, skilled individuals trained to capture the spoken word and transcribe legal proceedings, are indispensable fixtures in courtrooms and legal proceedings. However, today, a new contender has emerged on the scene: digital audio recording and transcription services.

This article delves into the phenomenon of corporate market cannibalization within the court reporting industry, a term that refers to established entities consuming their own traditional market by adopting and promoting innovative, often digital, solutions that render their own services redundant. As we journey through this attempted digital transformation, we will discuss the disadvantages of this shift, including the false-marketing of cost savings and enhanced accessibility, and the disastrous mismanagement of transcriptionists in maintaining quality and accuracy in the court reporting industry.

While this shift presents various challenges and potential pitfalls, it is essential to critically examine its implications for the industry. We’ll explore the evolution of court reporting, the use of digital technology, and the rapid and growing trend of replacing court reporters with digital audio recording, videographers, and transcriptionists.

The article will also discuss the disastrous outcome of this shift on the American Judicial system, as well as the possible extinction of human stenographers and the impact that would have on the protection of the record. This transition is fraught with legal and ethical challenges, raising questions about privacy, data security, and potential errors in transcripts. To guide our exploration, we’ll provide real-world case studies and a comprehensive FAQ section to address common queries about the future of court reporting in the digital age.

The winds of change are blowing through the court reporting industry, and it’s crucial to understand the dynamics of this revolution, the implications for stakeholders, and the path forward in this shifting landscape.

There is nothing new about corporate cannibalization. It’s been occurring for hundreds, if not thousands, of years, in many industries. Especially prevalent in the technology world is Product cannibalism, where a company launches a new product into the market when it already has an existing product, so the new product ends up competing with their existing product. We see this a lot with printers. Companies must continually introduce new products to keep from losing future business to competitors. It’s a necessary evil.

There are two types of transitions, otherwise known as cannibalism. A constructive transition, or constructive cannibalism, and destructive cannibalism. Constructive cannibalism results in greater overall top-line revenue and bottom-line profit, whereas, destructive transitions results in the older-generation sales declining faster than the new-generation growth.

Our court reporting agencies are concerned that if they’re slow to adopt and innovate, their competitors will do it instead, so we are seeing a mass adoption of digital recorders in our industry. Politics in our industry is taking sides with the legacy service providers putting up a fight and boycotting any agency who adopts digital recording. The courts are taking the side of the legacy reporters and are rejecting transcripts that are not certified by a legacy, professional shorthand reporter.

The Evolution of Court Reporting Court reporting has a rich history that dates back centuries. Traditionally, it involved the presence of a skilled human court reporter who meticulously recorded every spoken word and action during legal proceedings. These professionals were trained to be accurate, impartial, and efficient in their work.

In the early days, court reporters relied on shorthand, a method of writing quickly in a specialized script, to capture spoken words. This process required immense skill and concentration. The transcribed records were vital for legal proceedings, serving as the official documentation of cases and trials.

As time went on, technology began to play a more prominent role in court reporting. The introduction of stenography machines in the late 19th century revolutionized the field. Stenographers used these machines to record proceedings phonetically, allowing for faster transcription. This technological leap significantly increased the efficiency and accuracy of court reporting.

Fast forward to the late 20th century, and the court reporting profession saw another transformation with the advent of computer-aided transcription (CAT) software. This software allowed court reporters to type directly into a stenotype machine, which translated their keystrokes into readable text in real-time. This innovation improved the speed at which transcripts could be produced and made it easier to edit and format the text.

In early 2000, the CAT software companies added a feature allowing court reporters to audio record proceedings where they could scope (edit) their transcripts that were synced to the audio recording using hot keys or hyper keys to rapidly navigate through the transcript and listen to audio at any given point, enabling them to instantly fix errors and make transcripts 100% accurate. Then the hardware manufacturers added a new feature to the stenographic machines, allowing them to record and playback right from the stenographic machine. So court reporters could unplug their machines from their laptop and go into chambers, never losing a recording of the proceedings. The steno machines make its own recording of the proceedings, so now there’s two independent audio recordings: one on the laptop and one on the machine writer. So court reporters could have five backups of every proceeding, and six if you add the instantaneous backup of all files to the cloud. All of this improved the security and protection of the record, ensuring nothing would be lost in case of a catastrophic machine failure, and it improved the accuracy from the 96.5% passing test rate without audio aides, to be able to achieve 100% accuracy on every transcript.

In 2003, Stenograph released the first paperless machine, an Elan Mira, then in 2009, a Diamante, which featured a color flat-panel display, two SD cards, two USB ports, microphone and headset jacks for AudioSync, and optional Bluetooth or WiFi realtime translation. How is that for high tech. Unfortunately, Hollywood is still obsessed with our paper writers. And some digital recorder companies show pictures of typewriters in their ads, instead of steno machines, going back in time even further. The 2003 Elan Mira is still more advanced and reflective of the “digital era” than the electronic recording hoax being shoved down the throats of the legal industry in 2024. The perpetrators of this new “digital recording” takeover would take us back in time to the 1800’s, but they think it would make them rich, so who cares what laws they’re breaking.

While these advancements enhanced the efficiency of court reporting, they were kept quiet by the professionals who used these tools, because the audio was deemed a work product, not to be delivered into the hands of the public. The printed transcript with the reporters’ certificate was the end product and what was admissible in court, not the audio recording. If a reporter were to hand over a recording, it would be necessary to listen to the entire audio and remove any off-the-record conversations that may have occurred. Many reporters never listen to the entire audio file; they just used it to spot check areas for names or troublesome areas for punctuation, if they even listen to it at all. Most use the audio as a backup only and never need to use the backup file. Court reporters aren’t trained to use audio editing software that would be used to edit the audio to remove off-the-record discussions. This could add hours and hours to an already long day of sitting in court or at depos and then creating transcripts at night or on weekends. It would also require additional hours of training on audio editing software. And it would increase the cost, which the market does not wish to bear.

Court reporters also personally invest in high-end equipment as their cost of doing business. They have high-quality, high-gain, noise canceling, multi-directional recording microphones and high-end noise-canceling headphones equipment where they could hear a pin drop.

This concept that we’re entering some kind of new digital age with an emergence of digital audio recording technology is laughable. It’s been around and utilized in the court reporting profession for several decades by highly skilled and certified professionals. What is new is that courts have been installing electronic recording equipment in lower courts, such as traffic, for the last 20 years so that they could save the cost of having court reporters in those departments. The courts spend millions on the recording equipment that has to be renewed every several years, costing millions more. Courts would save millions by employing court reporters in all departments to do the recording and archiving of all court recordings that they do anyway.

Maybe the fact that court reporters kept this capability a highly-guarded trade secret was a disservice to the courts who made decisions to record proceedings themselves and investing in all the equipment, and then training personnel to do the recordings, and IT to build the software to archive it all, and buying servers to archive it. Then they send the audio out to third parties to have it transcribed by uncertified, inexperienced, low-wage individuals, often two or more individuals on the same transcript, who are located outside the U.S. It could have saved the court billions over the decades that they’ve been doing it themselves, collectively, nationwide, to just let the official reporters foot the bill as they have been doing all along, unnoticed and unappreciated by the court administrators.

Another new development is the push by big box agencies in our industry to position themselves as the responsible charge for the record, “training anyone off the street,” as Anir Dutta, CEO of Stenograph, described it, to record their legal proceedings, and hiring cheap transcriptionists to produce the transcript, and cutting out the largest cost of services, the court reporters themselves. They’re using Automated Speech Recognition (ASR) software to produce the transcript from audio recordings, and then hiring scopists to clean it up using Microsoft Word software to edit the transcript. This move by the big boxes has opened Pandora’s box to vultures, outliers, and outsiders to come into our industry like the Wild West and Gold Rush phenomenon where everyone is wanting to get rich quick by recording legal proceedings themselves and charging what court reporters charge.

Our long-time trusted CAT software and machine hardware vendors are getting in on it too, creating ASR software for these new untrained, uncertified, persons off the street so they can simply set up the microphone and hit record or start a file and the software does all the transcribing for them, with a less-than-80% accuracy rate. Believing they can replace court reporters with their imperfect speech recognition technology, and then just hire scopists and proofreaders, like reporters do, to polish it and complete it, they’ve gone all in with years of R&D in the hopes of striking gold and being on the forefront of what they believe to be revolutionary technology.

What these ignorant money-grabbers fail to understand is that they are taking us backwards by about 60 years in time. ASR software is not ready for the big leagues of the legal industry. ASR has about a less-than-80% accuracy rate, not including punctuation. When court reporters hand a file to their scopists, the file is already 99.5% accurate including punctuation. The scopist spends about an hour for every 20-30 pages even with a 99.5% translation rate. For a scopist to do 20 pages in a Word document, without the hyper keys, on a transcript with an 80% translation rate, it would take quadruple the amount of time it takes a scopist that works with a skilled professional. They’re not making it more efficient; it’s the opposite. They’re taking a highly efficient system of creating a transcript and turning into a nightmare. Nobody in their right mind would take that work.

The big box agencies have been peddling their snake oil for years now, long enough to be awakened to their pyramid-scheme-like collapse that is coming. Big boxes are sending emails to the court reporters they tried to replace behind their backs, begging them to help transcribe their growing mountain of recorded proceedings, asking them to refer their scopists, inviting them to enticing presentations only to pull a bait-and-switch on them asking for their help with accomplishing their mission to convert everyone to their new high-profit swindle.

In the following sections, we’ll explore the impact of this digital revolution on court reporting and the consequences it has for the profession and the legal industry as a whole.

The Digital Disruptors in Legal Transcription

The spiel from the outliers peddling their digital solution will tell you something like this:

It is not profound and it is not a revolution. Like I said, court reporters have been using digital audio recording for decades using the most efficient method, a steno machine and CAT software, to make transcripts. What is revolutionary is that the agencies are wanting to oust court reporters, take the 50-70% of the profit for themselves, replace them with unskilled workers they are recruiting “off the street,” and taking over our responsibility as the Responsible Charge who oversee the chain of custody from beginning to end. That is the revolution that is happening. It is profoundly greedy and bold! It is also against the law in 28 states that require certification. It is all about money and profits, and cares nothing about the integrity of the record.

Their marketing brochures and websites also describe it like this:

“Specialized audio recording equipment” is nothing better than the recording equipment that court reporters have been using and investing in for decades. Professional Court Reporters spend $800 on the Martel Electronics, high-gain microphones that are wireless and used for sidebar conferences, the $300 USB high-gain microphone that reduces ambient noise and you can hear a pin drop, and the $400 noise-canceling headphones. The one thing that reporters don’t do, and don’t do it for a reason, is mic up everybody in the room and create an 8-track recording where you can turn up one speaker’s recording and lower another’s so that a transcriber could get all the speakers who are talking at once. It may seem like a dream to an anal-retentive, obsessive compulsive transcriber, but that’s not how to make an accurate transcript. Proceedings should be heard by everyone in the room, and the reporter is there to make a record of what happened in the room and control the conversations so that everything is taking place one at a time where everyone can be heard. A judge can’t be expected to make a decision on something if they weren’t able to hear what is being said because an eruption of cross-talk, yet to a court of appeal reading it later, it would look like the judge were able to hear and understand all speakers clearly if the speakers were all mic’d up and had their own separate tracks that could be transcribed clearly. Court reporters, as the responsible charge, are the witnesses to what happened live in that room, and the record will be as close to what the judge heard at the time, which is why court reporter sits the closest to the judge and the witness. We should not be creating a record of two proceedings that are taking place, one that can be heard by everyone, and one that can be heard on playback with volume lowering and raising controls or whispers that no one in the room could hear.

A professional court reporter in the room is able to stop the cross-talk and ask for repeats and request that they speak one at a time to make a good record. In a courtroom, if there is cross-talk happening, the judge and jury aren’t hearing everything that all the speakers are hearing. Most likely, they are hearing the loudest speaker. Official reporters usually focus on and writes what the judge says when there are multiple speakers and are unsuccessful in attempts to interrupt. The Court Reporters Board has punished reporters who fill in transcripts from the audio recording that they did not take down stenographically on their machine. 

If a judge and jury couldn’t hear it, then why would someone create a transcript that would appear to the appellate court as though it was a conversation that everyone could hear, instead of all mayhem breaking out. It’s the judge and attorney’s obligation to make the record, but they often neglect to say something that would make it clear in the record that a verbal fight just broke out and voices were raised and there were multiple speakers. On appeal, it would look like a conversation where everybody was heard with equal opportunity to be heard, and heard by all in the courtroom. The same goes for whispers, if the court reporter, judge, and jury didn’t hear an under-the breath snide remark, then it shouldn’t go in the record. Another reporter was punished by the CRB for adding in an “F” bomb from the videographers audio that the reporter didn’t hear at the time, but was told to put it in the transcript by one of the attorneys that would benefit from having it in the transcript.

These digital outliers entering the legal services market have no idea how to make a record in legal proceedings. Their ignorance shows abundantly in their assertion that their simply recording proceedings is superior. That’s just not how it’s done! 

Calling Digital Recording the “Digital Age” is laughable. Again, professional court reporters were one of the first to use computers in the early 80’s. Court reporters have been doing remote proceedings for over two decades and taught the entire nation of attorneys how to do remote depos using Zoom and other remote platforms. And court reporters have been using digital audio recording equipment for decades. It is not a “significant enhancement.” It’s actually a step backwards by about 40 years.

The “advanced software” and “algorithms” they’re talking about is Speech-to-Text recognition software. And it does not transcribe audio recordings efficiently. Have you ever used Siri or Alexa? Then you’ll know how inefficient it is. How many times have I yelled at Alexa to turn the air conditioning on, only to end up having to walk over and do it manually. Yeah, it’s like that. It’s inaccurate. An 80% translation rate in court reporting is abysmal. It’s like sending a student at 160 words per minute into a deposition where everyone is talking at 300 words per minute. Their translation rate will be probably better than 80% that ASR can accomplish. It actually SLOWS down the transcription process. 

When reporters are requested to produce a transcript that has been videotaped, they usually charge more. Why? Because now they have to listen to the entire audio when they are scoping and editing their transcript to be sure they have every “okay,” “and,” “all right,” “uh-huh,” perfectly. It takes LONGER when you have to compare what’s on their steno-created transcript to what they hear in their audio. And the ASR-generated transcript will take four to 8 times longer. It is less efficient. You will be able to produce half the amount of transcripts that a stenographer could do. If an agency is just sending digital recorders to record things, and everybody orders it and wants it expedited, guess what? You’re probably going to be waiting a long time to get your transcript with the backlog and the inefficiency. 

This “cost-effective” spiel is another lie that digital outliers are propagating. One would think that replacing a highly-skilled reporter with one they can “pull off the street” making minimum wage would cut costs, but it doesn’t. Agencies are sending digital recorders and charging the attorneys the same fees that they would have charged had they sent a court reporter. And because it takes longer to produce a transcript using slower and inferior methods, it takes more people to create it, and even at minimum wage, it’s going to cost more. And because agencies are commoditizing it and offering lower and lower rates, they can’t even use Americans to do the work. They have to send the transcribing work out of the country to the Philippines or Africa to get rates cheap enough. But the truth is, the agencies are motivated to keep more of the profits for themselves by cutting out the largest cost in the chain, the stenographer. A stenographers’ cut consists of anywhere from 50% to 70% of the job. The large agencies are backed by private equity companies and investors who have advised them to cut the largest cost in order to reap more profits for the shareholders. Agencies are not passing the savings on to the attorneys; they’re keeping the invoices exactly the same and pocketing the profits. 

Professional court reporters and their agencies are already digitally storing their transcripts and audio recordings that are easily uploaded, stored, shared, and retrieved electronically by courts and attorneys. Nothing new or revolutionary here. There’s no issue with accessibility in the existing model. For the past two decades, court reporters have been technologically savvy enough to do all of this. A huge advantage with court reporters doing this is that a decentralized model provides for the highest security and protection of the record. A reporter has up to 7 back-up methods for the transcript, and then they send it to the agency, which has their own repository, and uploads their steno notes directly with the court, where they have their archive for all the transcripts. When you go with one of these digital companies, you’ve got ONE server storing all the transcripts. And the revolving door of the digital recorders they hire would make it impossible to find them if the digital company lost the file. 

Professional court reporters already do this and have been doing it for decades. Next.

To be clear, the demand for stenographers is stronger than ever, and according the the US Bureau of Labor Statistics will grow by 3% by 2032. There are a lot of agencies who are offering digital solutions, out of a pure profit motive, but most local court reporting agencies are sticking with a strictly stenographic service model. There are a ton of outlier companies that have popped up with no background, knowledge, or experience in this industry and who don’t even know the lingo. It’s like the wild wild West or the Gold Rush where everyone is seeing green, wants to get in, make their millions, and then exit as fast as they can. 

Professional Court Reporters find themselves victims of the corporate greed of their largest industry allies – their large agencies and vendors – manufacturers of their machines and CAT software. They are also in jeopardy of the judges and attorneys who are being marketed to by these irresponsible outliers and propositioned to buy their snake oil and replace us by recording equipment. It’s one of the biggest scams. It’s the biggest fraud to ever hit the legal community. It’s a bigger fraud than Elizabeth Holmes who defrauded investors of $700 million by claiming to have revolutionized blood testing. When the truth finally comes out, it will be noted as one of the Biggest Disappointments of the 21st Century! 

In the following section, we will dispel myths and delve into the disadvantages of using digital audio recording and transcription services, shedding light on the reasons behind the growing unpopularity of these as viable solutions in the legal world.

The traditional method of court reporting has just as much long-term viability as it always has. In the 1980’s, court reporters entering school were told that they would be replaced by machines. Those reporters are now in their 44th year of reporting. In 1993, Los Angeles Superior Court tried to record proceedings, against the law, and the California Court Reporters Association sued the court and won. It was appealed, then cross appealed, and the court reporters were victorious in the end.

Digital solutions do not present a cost savings to attorneys. The court reporting agencies who are sending digital reporters are invoicing the attorneys the exact same fees as they would had they sent a traditional stenographer. What they may save in sending an untrained person to record the proceedings, they’re having to pay more on the back end with transcription services, scoping, proofreading, and the ASR software they’re using to create an inferior product. Courts are having to spend millions of dollars on audio equipment. The stenographers’ maintenance of their specialized equipment is built into their fees and is a cost of their doing business.

Court reporter rates have not increased since the 1980’s. In fact, in a lot of cases, their fees have dipped below what they were charging in the 1980’s. Court reporters haven’t had a rate increase in over 50 years. In 1970, the statutory page rate in California was $3.00/pg. In 2021, that statutory page rate was still $3.00/pg. If you plug that $3.00/pg figure into an inflation wage calculator, that $3.00/pg from 1970 should be $18.00/pg in 2024.

Traditional court reporters have enjoyed enhanced accessibility of their transcripts for decades. Court Reporters have been uploading their transcripts to the court system for two decades and they’ve been uploading them to agency archives for over three decades. They’re easily stored, shared, and retrieved electronically. This is not a differentiator.

The real-time transcription that is captured by Automatic Speech Recognition software is only about 80% accurate and is not ready for the legal industry. It’s almost completely unusable.

There is absolutely no improvement in searchability between a digitally created transcript and a traditional court-reporter-created transcript. Court reporters’ transcripts have been searchable for at least three decades.

The term “corporate cannibalism” refers to the phenomenon where established entities within an industry adopt and promote innovative, often digital, solutions that ultimately render their own traditional services redundant. This trend is particularly evident in the court reporting industry as it transitions from human court reporters to digital audio recording and transcription services.

The introduction of digital audio recording and transcription services is, in essence, an example of corporate cannibalism. Companies within the legal tech sector have realized the potential cost savings and efficiency gains associated with digital solutions and have actively promoted these alternatives. While it is a rational response to changing technological landscapes, this shift has significant consequences.

1. Job Displacement: Perhaps the most immediate and visible impact of this corporate cannibalism is job displacement. Human court reporters, who have been central to the legal process for generations, are finding their roles challenged. As digital imposters gain prominence, the demand for stenographers and court reporters decreases, leading to potential job losses and industry disruption. Veritext has allegedly given a national corporate edict to all its offices to ensure that 50% of its business is sending digital recorders. Court reporters all over the country are complaining on Facebook that their job was canceled and the agency sent a digital recorder instead, and that there is less work now than ever in their careers.

2. Implications for the Industry: The transition from traditional court reporting to digital solutions raises questions about the long-term implications for the industry. Will it be possible to maintain the same standards of accuracy and reliability with digital transcription? What impact will this shift have on the legal record’s integrity and trustworthiness? I can assure you that a decline in the work that traditional court reporters are getting because they are being replaced by digital recorders could lead to an abrupt extinction of traditional court reporters. The vendors will stop servicing their CAT software and machines, stop producing new machines, stop developing new advanced features. Court reporters are complaining that Stenograph, the industry’s largest supplier of CAT software and steno machines, has already stopped rolling out new features and customer service response times are suffering.

3. Legal and Ethical Concerns: The shift to digital solutions also raises legal and ethical concerns. Privacy, data security, and the potential for errors in transcripts are pressing issues. The legal profession must navigate these challenges and establish regulatory guidelines for the digital transcription industry to ensure that standards are maintained. It’s my opinion that unless you have a licensed individual acting as the responsible charge of the record, it will be impossible to ensure an accurate record that is secure.

4. Market Disruption: The adoption of digital solutions has caused significant market disruption. Long-standing court reporting firms have had to adapt to this changing landscape. Some have successfully integrated digital transcription services into their offerings, while others have faced challenges in doing so.

Corporate cannibalism in the court reporting industry reflects the broader trend of digital disruption in many sectors. The legal industry is grappling with a fundamental transformation, and it’s crucial to strike a balance between leveraging the benefits of digital technology and preserving the quality, accuracy, and ethical standards of legal documents.

In the following sections, we will delve deeper into the legal and ethical challenges posed by the digital shift in court reporting and consider the potential future of this evolving industry.

Legal and Ethical Challenges

The digital transformation of the court reporting industry brings with it a host of legal and ethical challenges that require careful consideration.

1. Privacy Concerns: In a legal environment, privacy is paramount. The use of digital audio recording and transcription services raises concerns about the security and confidentiality of recorded legal proceedings. Access to sensitive information must be strictly controlled to prevent breaches and ensure that the privacy of those involved is maintained.

2. Data Security: Legal transcripts often contain sensitive information. Digital storage and transmission of this data make it vulnerable to cyber threats. Ensuring robust data security measures, including encryption and secure storage, is imperative to protect the integrity of the legal record and prevent unauthorized access.

3. Transcript Accuracy: While digital transcription services are efficient, they are not immune to errors. Ensuring the accuracy of transcripts is a legal and ethical imperative. Legal professionals must have confidence in the veracity of the records they rely on for case preparation and decision-making. Human oversight and quality control are crucial to achieving this.

4. Admissibility in Court: Legal professionals must grapple with the admissibility of digitally transcribed records in court. The acceptance of digital transcripts as official records varies across jurisdictions. Legal standards must adapt to recognize the authenticity and integrity of digital records.

5. Ethical Considerations: Legal ethics are a cornerstone of the profession. Transcriptionists must adhere to ethical standards, ensuring impartiality, accuracy, and the protection of attorney-client privilege. The use of automated transcription technology also raises questions about transparency in disclosure of the use of such tools.

6. Accountability: In the event of errors or disputes, accountability becomes a challenge. Determining responsibility for transcription errors or data breaches can be complex in a digital environment. Clear protocols for accountability and dispute resolution are essential.

Navigating these legal and ethical challenges is crucial to ensuring the continued integrity of the legal record. The legal profession must evolve its practices and standards to accommodate the digital age while upholding the principles of privacy, accuracy, and accountability.

In the subsequent sections, we will examine real-world case studies that shed light on the impact of the digital shift on the American Judicial system and the potential consequences of the widespread adoption of digital transcription services.

Pushed to the Brink of Destruction

“I love you this much” that I’m now willing to cannibalize you and go with something that’s more profitable.

An interesting case study of product cannibalism is in the beverage industry. Diet Coke’s sister brand, Coke Zero Sugar, is pushing Diet Coke to the brink of destruction. In August, 2023, Coca-Cola stopped selling Coke Zero in the US, replacing it with a beverage with a different recipe, design, and name: Coke Zero Sugar.

While people immediately freaked out when the change was announced, the adjustments are already paying off. After the new recipe rolled out in the US, unit case volume doubled compared to the prior quarter.

Meanwhile, Diet Coke’s sales slump continues as the weakest link in the company’s cola lineup. The brand’s sales by volume declined in the mid single digits last quarter. And, executives said that Coke Zero Sugar’s success is cannibalizing Diet Coke and Coca-Cola Classic sales in certain markets.

Increasingly, Diet Coke doesn’t fit health-conscious customers’ needs. While Coke Zero Sugar saw a sales bump by very clearly advertising that it doesn’t contain sugar, many customers remain suspicious of Diet Coke’s use of artificial ingredients.

However, Coca-Cola is paralyzed from significantly altering Diet Coke, in the way it tweaked Coke Zero, due to its dedicated – albeit shrinking – fan base.

“I don’t think we’re likely to change Diet Coke,” CEO James Quincey said in a call with reporters Wednesday. “It has a large following.”

Sound familiar, court reporters? The only thing saving Diet Coke is their large, dedicated following, but shrinking. So if it shrinks enough, they’ll be able to kill Diet Coke altogether in the near future. “Don’t think” and “likely” doesn’t give me confidence in Diet Coke’s future. Quincey could have said, “We’re never changing Diet Coke!” But his statement is non-committal.

It reminds me of some of the exact statements by the CEO’s in the court reporting industry, promising reporters that court reporters will always have a job. Then they talk about retraining, which means they plan to move the highly-skilled stenographers into relegated tasks of signing their certs on transcripts that were produced by someone in Africa.

The one thing that hasn’t killed off court reporters yet is our dedicated, loyal fan base of judges and lawyers. Court reporters should cater to this fan base right now. Court reporters are so busy recruiting new court reporters because of the fraudulent shortage propaganda that they’re not out there getting in front of the judges and attorneys trying to show and impart their value to them in meaningful ways, off the record.

Court reporting schools are overflowing, and soon there will be a glut of reporters like the industry saw in the 1980’s, which will lead to further stagnant rates, if not declining, for the highly-skilled tradesmen. Not only are agencies proliferating this over-inflated shortage narrative, but they’re inflating the prices they’re charging for court reporting services, even though they’re negotiating down the already 50-year-old rates to reporters. It’s a one-two punch to the industry. The agencies are pitting the attorneys and judges, our loyal fan base, against court reporters and the attorneys are mad as hell as they’ve pushed what the market will bear to the breaking point.

Market cannibalization is generally disadvantageous to a company. It does not provide any increased profits. Instead, it leads to a decrease in revenues, translating to a future decline in earnings. Market cannibalization creates competition within a company’s own products in the market. Due to this, the company suffers from a decreased market share.

However, in this case, in the court reporting industry, it’s highly advantageous to companies (court reporting agencies) to embrace digital recording, because it does provide increase profits, to the tune of 50% more profits. That’s huge. And it’s not resulting in decreased market share at all. They’re just shifting their existing customers to the new way of doing things and training them well.

In the case of Stenograph and other manufacturers of CAT and steno machine products, it’s about mitigating the diminishing numbers if they believe the fraudulent shortage narrative. It allows them to capture a market outside of their base of legacy court reporters. If they can “recruit anyone off the street,” as Anir Dutta, CEO of Stenograph has been shown in videos to say, then it allows them to capture new sales of their new product, MaxScribe, and open up a new market. Dutta, by the way, has also held a seat as the president of the STTI, Speech to Text Institute, which created the fraudulent marketing materials showing an overinflated shortage prediction that is not based on fact. Dutta, also, by the way, helped Kodak get rid of their physical film product and go all digital, during his time as a sales representative for Kodak.

No wonder Silicon Valley investors are all abuzz right now over their court reporting investments. This product cannibalization boon is probably like nothing any of these SV investors have ever seen before in any other industry – technology, food, beverages. Usually, you’re losing revenues and marketshare when you introduce a competing product. But not in court reporting.

With the one-two punch strategy of promoting a false shortage narrative and then inflating prices, these big box court reporting agencies are able to easily sell their new solution to overcome the “shortage crisis” and help curb the overinflated pricing court reporters are charging. They’re the savior of their own manufactured crisis! Brilliant!

How To Avoid Cannibalization in Court Reporting

The good news for court reporters is (1), that legacy court reporters have an undying fan base, and (2), that there is a way to combat cannibalization.

Enterprises usually invest significant financial and human resources when developing and launching a new product – and these costs should also be taken into account. They also incur expenditure when marketing and promoting it to the target audience. Factoring these costs into the calculations may show a negative impact on the bottom line. In the case of the court reporting industry, if the enterprises are gaining 50% profits, that’s a lot to help offset their efforts. It’s basically paying for itself. But for how long? Marketing to their existing customer base costs them very little extra with email blasts and using their existing outside sales reps and conducting trainings to attorneys. Marketing to attorneys outside of their customer base gets into the millions, so that becomes more expensive. However, their competitor big box agencies are also training their own existing customer base, which altogether could be about 50% market share.

The cost of recruiting and training digital court recorders is huge for the big boxes, especially when the turnover rate is exponential.

Then there’s the cost of legislation. This plan fails if they fail to get legislation passed in the 25 states that require certification of transcripts. They are trying, and failing, so far in CA with SB 662, and Illinois, and others. Yet, Veritext, US Legal, Planet Depos, and others, are hiring “Digital Court Reporters” in all states, even in CA, where that title enjoys title protection. They’re sent cease-and-desist letter by the CRB only to be caught violating that law again weeks later. The COO of Veritext pretty much shared that they are doing about $10 million in CA in digital recording business already, and that was years ago. Their plan, if they cannot get legislation passed, is to do it anyway, because, well, the “shortage crisis” and all. Then they can say, well, we’ve been doing it forever already and it’s working great. Kind of like how marijuana was so pervasive, even judges were smoking it, so why not just legalize it and decriminalize it.

Apple is a prime market cannibalization example. Every time a new iPhone is introduced, the price of older models falls on the market. For instance, when it announced the iPhone 11, 11 Pro and 11 Pro Max, it lowered the price of the iPhone 8 and XR by $150. It even had to discontinue the iPhone 7, iPhone 7 Plus, XS and XS max. Although the discontinued iPhones may still be available, people would have to buy them used or through unofficial channels, at much lower prices.

The effect of price cannibalization on older iPhones shows that companies need to be flexible and adaptable when it comes to new products. Not all companies can be like Apple and discontinue older models whenever they launch a new product. They need to be very careful about cannibalization on their product launches. Adaptability is key to the success of new product launches for businesses that already have an established presence in the market. This is the reason the big box court reporting agencies are keeping court reporter around, for now. They can’t just discontinue the older model vintage court reporter until their new digital imposter product has completely taken hold.

It is vital to confront cannibalization concerns head-on instead of getting needlessly defensive.

Take calculated risks, monitor the prices of competing products, factoring in price cannibalization, and be flexible to make changes on the go – that’s the secret to reaping long-term benefits.

Also, leverage existing customers and up-sell new products in a way that is in line with the business goals.

  1. Take Calculated Risks. What are some risks court reporters could take? Hmmm, scratching head emoji. There’s one that comes to mind that reporters have been saying on Facebook for years. Stop working for the big box agencies who are cannibalizing their legacy court reporters. Stop buying CAT software and Writers from companies who are cannibalizing their legacy court reporters. What could a move like this do? It would cut into their existing market share immediately. These enterprises are counting on not having any affect on their market share in order to pay for the costs of launching their new product. If reporters were to cut off the funds that the BB agencies are using to launch their digital alternative product, then they won’t have money for legislation, marketing, training, etc. These enterprises are counting on having 50% of their business come from legacy reporters. What if their base of legacy reporters were to suddenly disappear unexpectedly? Then they would lose that 50% that they’re expecting to continue forward with their plan. It’s different than a physical product like Apple’s where Apple actually owns the product being discontinued and can control the pricing and availability of their own product. The big box agencies don’t own court reporters, who are independent contractors, yet they are calculating their risks as if court reporters working for them are a sure thing. So far, the big box agencies’ base of loyal independent contractors are keeping their plan in motion for them, unwittingly at the demise of the legacy IC’s. What if… this is a real possibility here. If their legacy court reporters were to stop working for them right now, like right this very second, and 50% of their traditional business were to suddenly go away unexpectedly (Right? because they were counting on that 50% being there so they could still be known as a “court reporting” company), then what would happen to their plan to cannibalize legacy court reporters? If that were to happen and court reporters were willing to take a big risk in order to stop this proliferation of digital court recording, I promise you, the Big Box agencies would become just “Transcription Companies” and would no longer be able to call themselves a court reporting agency. Court reporters could cast them out of the court reporting industry altogether and leave them to their newly created niche industry and easily differentiate their services. This could put court reporters at a huge advantage in being able to fight against it. I just laid out how cannibalization works. I just showed you how they need their legacy reporters to stay in business and fund their evil plan. Do reporters, after reading this article, still want to work for them?
  2. Pricing. Court reporters could start keeping a database of the rates the agencies are billing attorneys and what they’re charging for digital services. Start asking attorneys for invoices, start researching public court documents for “motions to tax costs” sections of the court database, find out everything you can about costs in your market. What are other reporters charging – to agencies and to attorneys. Having pricing transparency is a tactic used in states like Texas. Legislating pricing transparency, forcing agencies to publish their pricing and share invoices with court reporters and court reporters’ fees also being transparent so attorneys and judges can see the real numbers would a very effective strategy. It would also destroy the myth that digital court recorders are cost effective. Legislating full disclosure about using digitals isn’t a bad idea while we’re on the legislating topic.
  3. Leverage Fan Base. Court reporters must keep their fans loyal by continually reminding them of their value. Court reporters should be attending bar association meetings, publishing articles in law publications, visiting law schools and giving classes on making a record to law students, speaking at bar association meetings and judicial counsel meetings and anywhere judges attend. Court reporters must be seen and heard and accessible to their fans, the end users of their products, the ones who will keep legacy court reporters working in the profession forever.
  4. Channel Dominance. Court reporters must look to the transportation revolution of the 1800’s for examples of gaining advantage. National parks, such as Mount Rushmore, that built roads to it, enjoyed the tourism revenues that helped sustain the local economy. Court reporters could build their own road. Dominate it. Get off the current distribution channel controlled by those with an agenda to cannibalize their legacy court reporters. A road such as this has been built for court reporters; it’s time court reporters take it for a drive and demand that everyone use that road alone to access their services. If court reporters can control and own their own road, they can control their own fate.
  5. Cut your losses and walk away. Some reporters enjoy seniority from the years working for one big box agency, so walking away from their agency is understandably not a welcome option. Also, court reporters have paid over $5k for their CAT software and $7k for their steno writer and then hundreds of dollars a year for their maintenance & support contracts are also understandably not easy to part ways with. So in a lifetime of reporting, their investment and training and decades of working with one CAT software vendor and steno machine vendor, their all-in investment can be valued at over $20k. It’s understandable that walking away from that kind of investment and starting over learning a new software and having to buy a new machine just to save the court reporting profession is a risky thing to do, especially when you can’t count on all the other court reporters to do the same thing. I mean, why be the only idiot taking all the risk and now you’re left with no seniority and having to fork over tons of money for new equipment, when nobody else walked away with you. And, not to mention the fact that most reporters work 48 years in this profession and as of 2014, the average age of reporters was over 56 years old. Many reporters are just hanging on, status quo, until retirement, rather than taking a risk at this stage in their lives and career. But strategy number 5, cutting your losses and walking away from these companies is a very powerful strategy to combat cannibalism. You are faced with being out of a career in the short future, so what do you have to lose? If the reporters that are left in the industry, without these above examples of those that probably won’t take the risk, can be a sufficient size in number, even 10% of the population of court reporters, then it could make a significant impact on stopping these cannibalizers.

The Future of Court Reporting

The future of court reporting stands at a crossroads, marked by the collision of tradition and the emergence of radical corporate greed. As digital audio recording and transcription services gain prominence, the landscape of the court reporting industry is evolving rapidly. The path ahead presents a series of potential scenarios and questions.

1. The Coexistence of Human and Digital Transcription: One possible future is the coexistence of human court reporters and digital transcription services. While digital solutions offer speed and cost-effectiveness, human transcriptionists provide expertise, context, and quality assurance. In this scenario, the legal profession may strike a balance that leverages the strengths of both approaches.

In my humble opinion, the ONLY solution where coexistence is possible is with Advantage Software’s CAT Software Eclipse, using their new Boost feature. They are the only CAT software company that is actually making it possible for ASR and traditional stenographers to coexist.

2. Legal and Ethical Standards: Legal and ethical standards in the court reporting industry will likely adapt to accommodate digital technology. This includes establishing guidelines for the admissibility of digital transcripts, data security protocols, and ethical standards for transcriptionists using automated tools. There is proposed legislation in CA with SB 662 to pass legislation that allows digital recording in all civil courtrooms, but it’s been repeatedly defeated. But legalizing digital audio recording and digital technology cannot happen in its current state, where ASR software tools do not have good enough translation rates to be used without a traditional human stenographer. Again, the only possible solution is to have stenographers use Eclipse with the Boost feature. We must continue to uphold laws that prohibit digital transcripts that are created by uncertified, unprofessional, unskilled, and unaccountable workers.

3. Technological Advancements: The future may bring continued advancements in transcription technology, including improved accuracy and real-time capabilities. These advancements could further enhance the efficiency of legal proceedings and the accessibility of legal records.

The future is here now. Again, Advantage Software has been working for the past five years at advancements in their CAT software, Eclipse Boost, that improves real-time capabilities of all reporters. These enhancements do improve the efficiency of transcript production and real-time feed accuracy.

4. Job Displacement and Reskilling: The court reporting profession may undergo significant shifts, with some job displacement but also opportunities for reskilling. The Big Box Agencies and Stenograph may want stenographers and court reporters to make the transition to roles that involve overseeing or quality-checking automated transcription processes, but that will never happen. Traditional stenographers would rather walk away from the career than be relegated to button pushers.

5. The Role of Legal Professionals: Legal professionals, including attorneys and judges, will need to adapt to the digital age, familiarizing themselves with digital transcripts and the tools used in the transcription process. Training and education may become vital components of legal practice.

My advice to attorneys, judges, and paralegals, fight against digitalization with every ounce of courage you can muster. Insist that only human stenographers report your proceedings. Insist that your transcripts are produced by professional, certified shorthand reporters. Do not accept digital transcripts as evidence. Digitally recorded proceedings with outsourced transcription to unskilled, low-wage workers is creating a slave workforce.

6. Technological Integration: Court reporting firms that give in to the changing landscape and incorporate digital transcription services into their offerings are being met by resistance of their traditional human resources. This integration may require partnerships with technology providers and investments in software and infrastructure. The future of court reporting is likely to be shaped by a delicate interplay between technology and tradition. The legal industry must navigate the complexities of privacy, data security, and accountability while preserving the quality and integrity of legal records. The coming years will test the adaptability and resilience of the court reporting profession as it continues to serve the legal needs of society in the digital age. There will be a great divide coming in the court reporting profession between agencies who adopted to digital button pushers and those who remained faithful to their human assets. Longstanding court reporting agencies will become “Transcription” companies, unable to recruit human shorthand reporters.

Case Studies

Examining real-world case studies provides valuable insights into the impact of the digital shift on the American Judicial system and the court reporting industry. Here are a few illustrative examples:

1. The Digital Transition of California Courts: The California court system has undergone a significant transformation by embracing digital audio recording and transcription services. This transition allegedly has led to increased accessibility of legal records and a reduction in costs. However, it has also raised concerns about the quality and accuracy of transcripts, as well as data security and privacy. In civil proceedings, the courts don’t pay for the court reporters, saving tens of millions, but then they purchase millions of dollars worth of recording equipment and servers to hold all the audio files, and the IT staff to maintain it.

The courts in California are breaking the law by electronically recording felony and civil matters. SB 662 was proposed and backed by the Judicial Counsel and judges all over California, yet it never got off the assembly floor, yet judges in LA County are not deterred from electronically recording civil proceedings.

2. The Role of Human Transcriptionists in High-Profile Cases: In high-profile cases, human transcriptionists have played a pivotal role in ensuring the accuracy and reliability of transcripts. Their contextual understanding and linguistic expertise are particularly critical in cases with complex legal terminology and nuances.

In the Alex Murdaugh murder trial in 2023, Circuit Court Judge Clifton B. Newman and Defense Attorney Dick Harpootlian discuss “how bad” the rough draft provided of the record by a digital firm was, calling it a “deficit product.”

3. Challenges in Rural Jurisdictions: In rural jurisdictions with limited access to advanced technology and skilled transcriptionists, the adoption of digital solutions presents unique challenges. Ensuring equal access to legal records and maintaining the quality of transcripts in these areas is a matter of concern. In the aftermath of Covid, court reporters have been appearing remotely and covering court and depo proceedings with relative ease all over the country.

These case studies exemplify the complexities and nuances of the digital transition in court reporting. They highlight the advantages and challenges faced by different jurisdictions and the evolving role of human transcriptionists in high-stakes legal cases.

Conclusion

The court reporting industry is undergoing a profound transformation, driven by greed. The corporate cannibalism of traditional services by digital audio recording and transcription solutions is a threat to justice in the legal industry. This shift has brought with it a wave of change with challenges that demand careful consideration.

The lack of advantages of digital audio recording and transcription services are evident, including a non-existent cost savings, bogus claim of enhanced accessibility, and real-time capabilities that are a “deficit product.” The only benefit that has made digital solutions increasingly attractive to agencies is the immediate gain of 70% profit margins. The shift to digital transcription is fraught with legal and ethical concerns about privacy, data security, and transcript accuracy. Job displacement in the court reporting profession raises questions about the industry’s future.

Real-world case studies have illuminated the impact of the digital shift on the American Judicial system and the court reporting industry. These cases demonstrate the complexities of implementing digital solutions in diverse legal environments.

As the future unfolds, it presents a spectrum of possibilities, including the coexistence of human and digital transcription, adaptations to legal and ethical standards, and continued technological advancements. The role of legal professionals, industry practices, and the resilience of the court reporting profession will all shape the way forward.

In this dynamic landscape, the court reporting industry faces a dual challenge: fighting the advancement of digital technology while keeping the number of human stenographers growing. Finding the delicate balance between tradition and innovation is essential as the legal profession navigates the road ahead.

As we conclude our exploration of corporate cannibalism in the court reporting industry, we leave the future of court reporting to be shaped by the ongoing interplay of technology, tradition, and the unwavering commitment to the principles of accuracy, integrity, and privacy.

News Flash: When stenos disappear, we’re taking you all with us!

If you haven’t been paying attention to what’s been happening in the stenographic court reporting industry in the past decade, then you are about to be hit by the proverbial bus that threatens to destroy the stenographic court reporting profession, but more like an atomic bomb extinction-level event.  

Yes, I’m being an alarmist, because nothing else stenographers have done in the past decade seems to be working to have judges and attorneys wake the fuck up! 

We are at Defcon Level 1, to use the military term to indicate how close we are to an extinction-level event, unless something is done soon to stop it.

Much of what’s transpired in the past decade has been memorialized by prolific blogger, Stenonymous, who gives an concise timeline of a lot of the significant events. 

But this story starts thirty years ago. 





“Only skilled court reporters can be trusted to create a reliable record of trial court proceedings.”

In 2012, there was a layoff of more than 80 official court reporters in Los Angeles County Superior Court and the privatization of court reporters in civil courtrooms began. The justification for this move was nothing less than a budge shortfall of $20 million. The first county’s move had a domino effect on the other 58 counties in California over the next decade. 

Family law courtrooms were included in the departure of official court reporters in 2013, but shortly thereafter reneged after backlash from the legal community resulting in legislation to compel courts to staff family law courts with stenographers. But in 2023, Family Law courtrooms were once again left without a guaranteed official court reporter. Official court reporters were assigned on some days, but not others, and private court reporters would show up, hired by the attorneys, only to find that there was an official court reporter covering that day. The complete lack of communication contributed to the freelance reporters avoiding family law courtroom jobs, if at all possible. I’ll get back to more on this a little later, because this becomes pivotal in the storyline.  

In 2013-2014, Ducker Worldwide was commissioned by the National Court Reporters Association, and their Court Reporting Industry Outlook 2013-2014 was published. Jim Cudahy is Executive Director of NCRA at this point and instrumental in getting the shortage forecasted. California’s shortage of court reporters was forecasted to be 5x to 20x worse than the rest of the country. The study predicted a shortage of 5,500 reporters nationwide by 2018. In California, where they were expected to experience a third of the shortage, it meant that by 2018, if the prediction were to come to fruition, would mean that the over 7,100 court reporters in CA in 2012, would be reduced to only 2,900 court reporters in California by 2018. THAT NEVER HAPPENED! It was like the big 1999 Y2K dud! And in 2024, a decade after the study, and six years after the shortage doomsday prediction, California still has over 6,580 active, licensed stenographic (and now voice) court reporters working in our state. CA lost roughly 900 reporters in that decade, but gained over 700 reporters, resulting in an almost equilibrium state to the pre-study days. 

Let’s talk about the motivation of some of the players for a second. After Jim Cudahy left the NCRA, court reporter Kathy Di Lorenzo was appointed President of the NCRA. Her acceptance speech hinted at a “method agnostic” future for the reporting profession, which got her ostracized and shunned in the reporting circles. Kathy, most likely motivated by revenge, joined forces with Jim and was one of the leaders who started and chaired the STTI, Speech to Text Institute. Joining them were a host of industry leaders, including our 800-pound gorilla vendor of our stenograph machines, Stenograph, itself, and a host of the largest agencies in the country and the leading disruptors like For the Record, Verbit, vTestify, and more. 

These leaders considered themselves pioneers and visionaries, and expected this new path to pave their way to riches. They conspired and colluded and plotted of ways to have their new “method agnostic” approach accepted. Once met with resistance, they went underground and took back channels, carving their own path through the jungles in the dead of night. 

One of the most egregious things they (collectively) did was take the Ducker study, which was inherently flawed from the beginning, and used it to falsify their projections of an exaggerated shortage beyond 2018.

The Ducker Worldwide Court Reporting Industry Outlook flawed research methodology only consisted of 120 interviews, and none of those interviewees included an actual court reporter. Their prediction of a shortage never came true, as I could have told them it wouldn’t in 2014. For one thing, reporters don’t simply retire at 65 like the rest of the workforce. The average reporter works for an average of 48-plus years, which pushes the age of retirement out to 70-78. There are 100 active CSR licensees in California that have been working between 53-66 years. So their prediction could be 10 or more years off, pushing their shortage prediction to 2028. Those ten extra years bought us all just the right amount of time to recruit and replenish our numbers, which we have done in spades.   

Here are snippets taken from a PowerPoint presentation given on July 19, 2021 by Kathy DiLorenzo of PlanetDepos to court reporters they were trying to recruit to do the transcription for them after they hired digital reporters to appear at their deposition and recorded the proceedings. PlanetDepos learned that their supply of “Digital Reporters” that they recruited “off the street,” were not going to cut it and they needed stenographic court reporters. The turnover rate of their new digital recorder employees was reportedly over 320% according to one source, which is probably why we’re constantly seeing ads recruiting “digital reporters” all over the country. They have to keep recruiting and training them because it’s a revolving door.

Planet Depos simply took the Ducker predicted shortage number of 5,500 reporters by 2018, and just drew the red down-curve line down the graph in a consistent downward line and then made up the figures of 11,345 and 23,100 by 2023. It’s now 2024, and their projected numbers were never realized. The Ducker study was wrong and Planet Depos fake trajectory graph was wrong. Their math never added up. It was invented, fabricated, concocted, made-up, complete fiction to fit their sales narrative to drive their plan forward. 

The starting point for their graph, the 60,000 reporters in a made-up 1993 Court Reporter Census is a completely fabricated number. There’s no evidence of a 1993 Court Reporter Census being done. There were never, ever 60,000 court reporters working in the United States at any time. According to the NCRA’s website on their history, in 1960, there were only 7,000 reporters employed in the U.S., using over 40 systems of shorthand writing, including pen writers. It is impossible to gauge the number of actual working court reporters in the United States because only 28 states have licensing requirements. We know how many official court reporter jobs there are in Federal and state courts without a licensing board. But that’s the best we can do. The estimates from the various sources are all over the place. No one has ever attempted a national court reporter census. To go from 7,000 court reporters in the US in 1960 to 60,000 reporters 30 years later in 1993 is preposterous! It contradicts even their own assertion that recruiting efforts to stem a 2018 shortage would be impossible. 

Pricewaterhouse Coopers even gets it wrong:

This next PlanetDepos chart is a complete work of fiction with no basis in reality. It was all a marketing hoax.

The STTI block also participated in propaganda using fake numbers of a projected shortage that was not based on any research or science. 

According to the U.S. Labor Department, employment of court reporters and simultaneous captioners is projected to show little or no change from 2021-2031.6 But even the Bureau of Labor Statistics gets it wrong, and cites the number of court reporters in 2022 as 21,300. Then the USLD forecasts that there will be 21,900 court reporters by 2032, a 3% increase. 

The red line is more accurate:

I have no information that the number of court reporter in the U.S. ever exceeded 32,000, but to illustrate the ridiculousness of the 60,000 number, I drew it as high as this chart went. 

Here, let’s do the 60,000 number that Planet Depo used. Now you can see why they used it. It would help them to draw a more dramatic fictitious line downwards, because the more realistic representation would be a very undramatic horizontal line across the page with little downward change. 

In California, the Court Reporters Board’s database of licensed CSR’s only dates back to 1952. The oldest active license was issued in 1958 and expires in June of 2024. California has been losing approximately 50 active licensees per year. There are approximately 1,000 active reporters in CA who have been working for more than 48 years. If we lost all of those active licensees, we would still not be close to the shortage that the Ducker study predicted for California alone.   

On December 19, 2022, the NCRA Steno Strong committee members published an article in the Journal of Court Reporting with a catchy title, that finally called the report out of date and inaccurate and cited a lot of actions that were taken to overcome the predicted shortage since its publication. 

This action, however, is too little too late. The damage has been done. A decade of the proliferation of digital “recorders,” even in states where it is illegal, has not stopped them. The purveyors have been so emboldened that they’ve even made it mandated company policy to have digital recorders 50% of their business in every office, in every state, nationwide.  Nobody – not the state CRBs, the DOJ, the State Attorney General’s office – NOBODY, will do a thing to stop them. After the CA CRB issues a violation letter to agencies, not even a week after receiving the letter, the agencies are caught publishing job ads for “Digital Court Reporters” again in states that have title protection, yet nothing is done to punish them. Here’s just one of many examples.

Court reporters are the superheroes in this story – vigilant and working voluntarily after a full day as a court reporter, to take actions such as writing articles, visiting their state politicians, advocating, educating, and filing lawsuits. A court reporter/attorney husband team has sued StoryCloud and put them out of business and then helped TX fight other litigation. Jo Ann Byles Holmgren and Dennis Matthew Holmgren have given speeches at national and state conventions all over the country talking about their winning efforts. 

Even with these efforts – the recruiting, the overflowing schools, the articles, the lawsuits, the blogs, the social media darlings – it’s not enough. There are things all of us can do now that would have a huge impact on the ability for court reporters to survive. The NCRA needs to publish a “Responsible Charge Statement” that clearly defines the court reporter’s role in being responsible for the chain of custody and keeps the court reporter in charge of transcript production, and not the agencies, as the big agencies are trying to do. There needs to be a law in CA that takes away the ability for a notary to swear in a witness in legal proceedings, a law like Texas has had for a long time. An initiative to bring a lawsuit that would seek to define the term “Deposition Officer” and how the only one that term could possibly be a reference to is a certified court reporter needs to happen. Efforts need to be made to get all states to have CSR licensing requirements. Currently, there are only 28 states that have certification requirements. Reciprocity between states to license more CSRs to help meet the demand needs to happen. All state certifications need to be standardized and use the same acronym. The focus should be on getting all states to require licensing of CSR’s and standardizing on one. 

Most importantly, the CA CCRA and LACCA associations need to revive their 1993 lawsuit against Los Angeles County and sue them again. LASC has installed recording devices in all civil courtrooms in advance of legislation that allows them to do so. They are already recording in one beta civil courtroom. The clerk staff has already been trained to use it. More on that in a little bit. We need a writ of mandate to stop them again like the one we got in 1993! Where are our CA leaders?

What’s at stake if more aggressive measures against the fraud and proliferation of digital recording aren’t taken in our industry? The players behind the movement are those behind STTI and now STAR, and they have money and are with the biggest players in our industry, and they are backed by private equity funds and Silicon Valley investors. These players have been attempting to get laws changed in states that have weak and inadequate representation, laws that would allow their plan to prevail, to allow digital recording. Stenographers have countered these moves successfully like a joint whack-a-mole effort. They keep popping up.

In California last year, SB 662 popped up on the legislation, a move that would allow CA courts to record all civil proceedings. The backers of this, however, was not the STTI/STAR conglomeration, but the judges, judicial council, and lawyers. But the fraudulent STTI numbers were used to help make their decision and they were given a presentation by For The Record. Getting back to the start of my story about the layoffs of official reporters and privatization of civil, what has happened in the last decade is that the pricing of private court reporter fees in court has been going up and up and up. At a certain point, it reached the point that the market will no longer bear. The court reporters are getting blamed for gouging attorneys, but the reporters are held to statutory rates in court. The per diems are not statutory, and those have gone way up. When reporters were first laid off, they were charging a half-day per diem of $250 and a full day per diem of $500. Now those rates are $750/$1,600 and higher. But that’s what reporters are charging. Agencies are adding their margins on top of that and attorneys are getting billed $1,250/$2,300 from the agencies. 

Here is an example of a court reporter’s invoice to the agency and then that agency’s invoice for the very same copy order to the non-client attorney on a court trial. You can see that the reporter billed for 209 pages of a copy order at statutory rates, but the agency charged for 255 pages, 46 more pages that include a condensed mini. The agency billed the attorney $1,929.05. That’s $1,711.69 more than the reporter’s invoice for the same copy order. The one line item on the reporter’s invoice turned into six line items for the same thing on the agency’s invoice to the attorney. The statutory rate on a copy order is $1.04/pg, which is what the reporter invoiced, but this agency charged $1.56, taking a $0.52 cut of the invoice, which they’re not allowed to do according to Government Code 69950 and 69954.  

It is this gouging of attorneys by agencies that has California lawyers so upset with court reporters that they are quietly planning to bring SB 662, proposed by Senator Rubio, back to the CA legislature for a vote in early 2024. The Judicial Council in CA also supports SB 662, citing the unavailability of court reporters, and they say they will ensure every effort will be made to find an available court reporter first, yet they have no tangible plan to do that. The fact is, the 79 laid-off reporters successfully covered all the civil proceedings in LA County for years, but now the list has grown to over 400 freelance court reporters who want to cover civil courtrooms in Los Angeles County. The number of licensed court reporters is only down by 500 in California since 2012, from 7,100 in 2012, to 6,580 in 2024 – not a shortage at all. 

Yet, the judges are so confident that SB 662 will pass in 2024 that the County of Los Angeles has already installed recording equipment in all of their civil courtrooms in Los Angeles County and have already preliminarily trained all of their civil clerks how to use the equipment. They have a beta civil courtroom that is already using their recording equipment, whether or not a live stenographer is present to report the proceedings verbatim. In 2018, LA County Superior Court installed recording equipment in 78 misdemeanor courtrooms. The plan to roll it out in civil courtrooms has been in the works for many years, but now the judiciary has the backing and support of the attorneys. The Los Angeles Superior Court is flagrantly violating Government Code 69957. 

In its planning to replace stenographers with electronic recording equipment in all civil courtrooms in Los Angeles County, a report was prepared for the California
Trial Court Consortium (CTCC) whose membership includes all courts in California with 38
judges or fewer. In that report, the fraudulent STTI chart was cited to exaggerate the shortage of court reporters forecasted, in order to persuade the Judicial Council to approve the purchase of electronic recording equipment. It is a fraud being perpetrated on the Judicial Council, judges, the Superior Court, attorneys, and the public. 

This graph that was created by the Speech to Text Institute and is completely fraudulent and was not based on a real math, a study, or scientific research was included in the CTCC report that was used to make the decision to purchase and install electronic recording equipment in all of the Los Angeles Superior Court civil courtrooms in 2022-2023. The numbers were plotted on the graph by simply drawing the line on a made-up downward trajectory. 

This graph of supply and demand has no basis in reality, yet it appears in the report on page 5 and is used as a basis for their decision to install electronic recording equipment in all the Los Angeles County civil courtrooms in 2023. The basis for these numbers was taken from a flawed 2013 Ducker Worldwide study where only 120 people were interviewed. No court reporter participated in this study – not one. The numbers in this STTI chart, beyond 2013, are made-up projections that have no basis in reality, it’s not real math, and it’s not based on a scientific study. The Ducker prediction of the 2018 shortage was never realized and was completely false. This is pure fraud by the Speech to Text Institute. FRAUD!!!

The Los Angeles Superior Court has made a decision to purchase For The Record electronic recording equipment and installed it in all their civil courtrooms based on a FRAUDULENT graph put out by the STTI. It is a fraud on our largest court system in the world. The California Trial Court Consortium has been played! And the Judicial Council is supporting the passage of SB 662 based on this fraudulent information published by the STTI. The STTI, Speech To Text Institute, no longer exists. Their website was taken down after being named in a lawsuit and after being accused of this FRAUD by Stenonymous and many others in the court reporting community. Anir Dutta, current president of Stenograph, and the former president of STTI has announced that he has nothing to do with them any longer, distancing himself from their fraud, which he helped perpetrate for about five years.  

Another thing that has attorneys so upset with Southern California court reporters and has made it very easy for them to cling to the proposed SB 662 is the reporters’ refusal to comply with their “SoCal Stip.” The stipulation has been around for at least 40 years. No one seems to be able to remember how long. But I spoke with the late Judge Chavez of the Los Angeles Superior Court before the pandemic who took the bench in the 1980’s and he had no knowledge of the SoCal Stip, so it possibly post-dates his appointment to the bench. 

In 2015, the movement for reporters to not follow the stipulation heated up, and within 16 months, the reporters practically eradicated the SoCal Stip. Reporters utilized the gray rock strategy and refused to comply with the stip and said simply that they were going by code, never explaining that if the reporter is a party to the stipulation, then they could be disciplined by the CRB for not complying with the law.  And further clarified that if the reporter says nothing when the attorneys stipulate, then the reporter is a party to the stipulation and their silence is an agreement to their stipulation; a reporter must refuse to participate in their stipulation at the time of the stipulation, instructed the CRB. I believe that had reporters just told the attorneys their license could be on the line, the attorneys would have understood. But attorneys didn’t like a lowly court reporter telling them they could not stipulate to anything they wanted. Reporters created a very powerful enemy, basically 200,000 attorneys in California, who are now all for digital recording in the state. 

Electronic Recording Court Proceedings is NOT a Viable Alternative to Live Stenographers

What most of the outside world doesn’t realize is that court reporters rely on scopists and proofreaders to help produce massive amounts of pages per week so that they can keep appearing in person. For every hour of reporting on a machine, it takes two hours of scoping and proofreading to produce a transcript, but some can do it in half the time. Court reporters do the work themselves for the first few years of reporting, but once they start getting cleaner translation rates and can do realtime, they are thrown into demanding work where daily transcripts are ordered. Heavy-hitter reporters produce around 1,000 to 1,500 pages per week, and work five days a week on the machine from 9 to 5, then work in the evenings and weekends on transcripts, even with a team of scopists and proofreaders. Some trial reporters doing dailies will work until 10:00 p.m. and then get up at 5:00 a.m. to complete their daily transcripts. 

There is a shortage of really good, reliable scopists and proofreaders for court reporters to hire and keep on their team doing their work. There’s few training programs out there for proofreaders and scopists. Proofreaders can generally make $0.60 – $1.00 per page doing daily transcripts and scopists make $2.50 – $3.60 doing daily transcripts and realteam. Realteam allows a scopist to log into the court reporter’s CAT software (Computer Aided Transcription) and edit live, while the court reporter is writing on their machine, so that by the end of the day, the transcript has been completely scoped and can be delivered as a final almost instantaneously. Once the scopist is done with a chunk, they can send it to a proofreader who trails behind them. The court reporter pays for the scopists and proofreaders. The agency does not share in that burden. The court reporter oversees all of the work to ensure it is done properly and the court reporter puts it all together and has eyes on every single word on every page and approves it once the scopists and proofreaders are done. Scopists and proofreaders have been increasing their rates every year, while court reporters have not raised rates in almost 50 years, yet reporters continue to pay their subcontractors, leaving less and less for the court reporter.

There are now a plethora of speech-to-text software options on the market, Stenograph being the largest provider. It is the new plan to create a transcript using the speech-to-text software and then have scopists or proofreaders clean it up and create a final, and completely cut out the stenographers. They are recruiting scopists and proofreaders from the stenographers’ already small pool of subcontractors to do their transcript work. This hurts stenographers by competing for their pool of limited resources. Stenographers will not be able to work on their machines all week taking the demanding work, if they don’t have the support team to help them. It’s impossible for a stenographer to keep up with the workload single-handedly. There are stenographers who can do it single-handedly, but they need to take more time off between trials to recuperate. It leads to burnout and injuries, such as carpal tunnel and tendonitis, back pains, vein issues in the legs, and heart attacks and strokes from the stress, and other ailments. There’s even a Facebook group dedicated to the job-related health issues from which court reporters suffer. It also will lead to court reporter fees going up; if they have to reduce the amount of work they take a week, they can’t suffer earning less, so prices will naturally go up.

In Massachusetts, the entire court system transitioned to electronic recording. They are having their existing official court reporters work on transcribing proceedings from the audio recordings, where they listen to the audio and write it on their steno machines to create a transcript. It is not by choice that the reporters are doing this, but they have pensions on the line and health benefits, so they chose not to quit, but ride out their remaining time. They will do it until they can retire, which is fast approaching, given that the average age of court reporters is 55 and court reporters work for an average of 38 years. Massachusetts is a ticking time bomb. 

“Once you’ve got missing or incomplete transcripts, you might as well kiss your appeal goodbye.”

There are freelance court reporters who will transcribe from audio. They get the audio file and write the proceedings on their steno machine, which is still the fastest way to transcribe. Most realtime reporters have a translation rate, including punctuation, of around 99.5%. The speech-to-text software has a translation rate of around 80%, but that’s not including punctuation, and it drops to less than 60% with heavy accents. If it takes an hour of scoping for every hour in court to create a steno-machine generated transcript at 99.5% translation rate, guess how long it takes to scope an AI-generated transcript at 80% translation rate? I’m told it could be upwards of six hours. The alternative is what they’ve been doing since before steno machines were invented, typewriters. Now they have foot pedals to assist with rewinding and playing the audio so they could keep their fingers on the typewriter to go faster. Most typists doing legal proceedings can type as fast as 120 words per minute. That’s about 3-4 minutes per page, with the average page containing 300 words. A full day of 200 pages is 800 minutes or 13 hours.  

There are numerous problems with the plan to use scopists and proofreaders on speech-to-text AI-generated transcripts and eliminating stenographers. One, frankly, scopists and proofreaders aren’t good enough to replace stenographers. They have no formal schooling, they have no certifications or licenses, and they are just not good enough to replace stenographers. Two, scopists and proofreaders cannot act as the responsible charge. Usually, several of each are used and the transcript is broken up and sent out to multiple contractors. They were not present at the original proceeding, and they cannot attest to the accuracy, completeness, and genuineness of the recording. The chain of custody is completely broken when an audio recording is made and then sent out to multiple contractors.  Three, there’s an even larger shortage of scopists and proofreaders than there are court reporters. It’s an even smaller pool of resources with a wider spectrum of capabilities, meaning even fewer of the good ones out there to work with. And four, it takes even longer to train a scopist and proofreader to get them to a level of competence than it does a stenographer. The average stenographer takes an average of 3 years to complete school. To gain sufficient competence as a scopist and proofreader, it takes a minimum of five years of experience. But there’s no oversight body to even determine what acceptable standards of competency is for scopists and proofreaders. It’s left for every individual court reporter to determine what’s acceptable of the scopists and proofreaders working for them by reviewing their work personally.

The other bad plan is to take the speech-to-text generated content, copy it and paste it into a Word document and then use transcriptionists who use a QWERTY keyboard. It takes longer to edit the document than it would if they were to just type it from scratch using their foot pedals and the original audio recording. They would have to play the recording and then compare it to the text, then correct words that are mistranslated, add the punctuation, and then add words it didn’t get, replay the audio in spots that were garbled or where people were talking over one another, and use their mouse to navigate through the Word document. It would take longer than the 13 hours it would take a typist to create it from scratch. You still have the issue of transcriptionists lacking any education, certification, and accountability. You have absolutely nobody who was present for the hearing who is involved in or overseeing the creating of the end-product transcript. 

And because the amount of hourly pay would drop to below minimum wage pay in just about every single state in the U.S., you’re going to have to hire these resources from overseas. In California, the minimum wage just rose to $20.00/hour. A fast typist at 120 wmp, typing one page in four minutes, would produce 15 pages an hour. At $1.00/pg, that’s not enough to meet the minimum wage requirements for the fastest typist. 

It is inarguably going to take longer to acquire transcripts that are electronically recorded than those that are stenographically produced. Official court stenographers are bound to strict turnaround deadlines for transcripts and appeals. If they don’t produce transcripts, they can be put in jail until the transcript is produced, and it has happened more than once. But for the most part, stenographers meet their deadlines. There is no jurisdiction over the transcriptionists, scopists, and proofreaders who are just assigned to pieces of the transcript, and may reside in countries other than the U.S. Stenonymous has blogged about a situation where it took two months to get a court transcript. I’ve heard of it taking a year to get a transcript on appeal that was electronically recorded. There will be a backlog of transcript orders from electronically-recorded court proceedings because the pool of transcriptionists is already at a breaking point now, without courts moving to ER.

I believe courts are expecting stenographers to transition to working on electronic recordings of court proceedings, but I believe they are very wrong about that. Court reporters would rather change careers or exit happily into retirement than take down audio recordings of court proceedings on their steno machines and produce transcripts that way. Court reporters are exiting the field at retirement without having recruited or trained their incoming replacements. There is no book that contains all of the information that court reporters learn on the job as they go along, having the benefit of consulting with their more senior peers throughout their careers. That book, if it existed, would take 30 years to compile and complete and would be larger than the Oxford English dictionary. 

The shortage of stenographers will be massively eclipsed by a shortage of transcriptionists if courts all over the country allow electronic recording in all civil courtrooms. It would be a tsunami of destruction of justice and democracy and freedom in America. Without a record, there can be no meaningful appellate review, nor oversight of the judiciary, especially when the judiciary is the keeper of the record.  

One of the justifications to use electronic recordings is cost savings, but that’s inaccurate. In addition, electronic recordings jeopardize the accuracy of the record because they are pone to flaws and errors, could violate privacy laws, and may violate the court’s compliance with the Americans with Disabilities Act. 

Stenography is one of the great secret societies on par with the Oracle at Delphi or the Cult of Mithras, Freemasons, and The Knights Templar. (I jest, of course) It’s the best kept secret of which not much is known by the outside world. Not much is known about the inner workings of this exclusive cult. All applicants must pass a complex rite of passage – achieve 200 wpm at 96.5% accuracy – before they were considered fully vested members or syn­dexioi, “sealed by a handshake.”  The crusader-like charge to protect the record is a uniting bond. Like the Freemasons, stenographers rose from apprentices to journeymen to master masons of their craft, in secret, individually. Stenography definitely meets the International Encyclopedia of Secret Societies and Fraternal Orders criteria to be defined as a secret society, in that it is exclusive, it claims to own special secrets, and shows a strong inclination to favor its members. Stenographers would never, ever divulge its secrets to outsiders – the digital recorders, QWERTY transcriptionists, and other interlopers threatening its existence.  The extinction of stenographers would mean the extinction of a vast body of knowledge on the creation of the verbatim record. 

Is a world without bees possible? Albert Einstein is arguably attributed as having said, “If the bee disappears from the surface of the earth, man would have no more than four years to live.”

If attorneys are unhappy with the rising costs of court reporters (through their agencies) now, just wait until they help to make us more scarce by allowing the use of electronic recording and digital recorders through legislative means. Just like if bees became extinct, we’d still have coffee, but it would be rare and become expensive. 

So I will then ask, can the legal world live without Stenographers? Probably, yes, but justice would suffer tremendously. The turnaround times would suffer, the translation rates of realtime feeds would diminish, the accuracy of transcripts would diminish, and the cost of transcripts would surge. Judicial oversight would suffer. The unquestionable authenticity and credibility of transcripts would become extinct; there would be no way that survives without the protector of the record.  But worst of all, there is no coming back. There will not be a return of stenographers once it reaches extinction. That is a certainty.  

  

Title Protection: The Court Reporters Board Comes Down on Violator: US Legal

Existing law establishes the Court Reporters Board of California to license and regulate shorthand reporters. Existing law establishes that a person who holds a valid certificate as a shorthand reporter shall be known as a “certified shorthand reporter,” and prohibits any other person, except as specified, from using that title or any words or symbols that indicate or tend to indicate that they are a certified shorthand reporter. A violation of the provisions regulating shorthand reporters is a misdemeanor.  Existing law requires an individual to have satisfactorily passed an examination, as prescribed by the board, in order to be certified as a shorthand reporter.

8023 and 2023 the Business and Professions Code.

It was reported to the Court Reporters Board on Monday, October 9th, 2023 that “US Legal is flagrantly advertising for “digital court reporters” in CA. Are we to believe that once they hire them, they don’t actually have them go out and work as digital court reporters?”

The following screenshots of the US Legal ads in California were allegedly submitted along with the complaint.  

The Court Reporters Board found US Legal to be in violation of the law and issued a letter informing them of their violation on October 19, 2023 and asked them to cease and desist from using the term “digital court reporter.”

While apparently a win for certified shorthand reporters in the state, it doesn’t stop them from just changing the title used in their ads to something like what other agencies are doing and getting away with.

Another agency, Planet Depos, was reported back in March of 2023 for job ads using the term “Digital Technologist” in California. On the Planet Depos website, they clearly have only stenographic court reporters or digital recorders. One can only conclude that although they are calling it something different, it is, in fact, a digital reporter position that they are recruiting and hiring, and we all know, working, in CA.  

What good does title protection do for our industry if it doesn’t stop them from performing our duties under another unprotected job title?

Only those with CSR licenses should get to use the court reporter and certified shorthand reporter title. This ensures public safety and keeps liability issues at bay. Plus, it preserves the integrity of the record by:

  • Upholding high professional standards for creating and protecting the verbatim record
  • Preventing service devaluation through supply and demand

Court reporting is an important and learned profession. As members of this profession, court reporters are expected to exhibit the highest standards of honesty and integrity. Court reporting has a direct and vital impact on the quality of life for all people. Accordingly, the services provided by court reporters require honesty, impartiality, fairness, and equity, and must be dedicated to the protection of the public health, safety, and welfare. Court reporters must perform under a standard of professional behavior that requires adherence to the highest principles of ethical conduct.

Want to call yourself a court reporter? Then you need that CSR license, plain and simple. No license, no title.

If you see a violation of the use of the “court reporter” title protection, please report it to the California Court Reporters Board using this complaint form.

A Surging “Scully Effect” is Cooking Up Steno Careers

Aside from the period falling outside of the quotes, the missing comma pair, and the missing Oxford comma, which I’ll forgive, this post today touches on something I’ve been thinking about for a long time. We need a TV show or movie that would draw thousands to the profession of shorthand reporting. There have been other shows that have led to an increase in those fields portrayed in movies, such as Jodi Foster’s role in Silence of the Lambs, which led to lots of women entering the field of forensic psychiatry, including one of my sister’s best friends in high school.

Over the years, and in my head, I’ve drafted multiple scripts for TV shows with steno leading ladies and men, from comedies to dramas, from hourlong to half-hour long episodes. I concocted one that would be like a Sex in the City meets Allie McBeal that I was going to title “Steno in the City” until that trademark was assumed by the very talented Shaunise Day My multiple-hour commutes to the city for depositions and court work were usually filled with new plot twists or characters or storylines, lots of them lost due to the lack of paper and pen at the time.

I am quite sure I’m not the first or the only court reporter who has ever spent time daydreaming of the possibilities that the big screen could hold for our industry.

There have been lots of court reporters who have graced the big screen and the little boob tubes over the decades, playing the part of the court reporter in courtroom and deposition scenes. Actress Kate Hudson brought lots of attention to our profession in the motion picture  Alex & Emma (2003), in which she played a stubborn stenographer.

But there is a court reporter who is living the real-life dream and is representing our profession in Hollywood right now. She’s even been nominated twice (not once, but TWO times) and won an Emmy Award! You all have probably heard of her by now, our very own, Whitney Kumar! She’s been traveling the country talking to court reporter associations, regaling us with tales of wardrobe, makeup, hair, and how she got the part on the Judy Justice show!

Whitney’s regular role as the real human court reporter in Seasons 1, 2, and now 3 on Judy Justice has shown a side of court reporting never seen before. She is able to read back the record in realtime for Judge Judy, unscripted. She’s taped 255 episodes between 2021 – 2023, and just wrapped up her 3rd season.

The cameras pan in on her flawless unedited relatime that is her own work. It’s not made-up Hollywood CGI effects; it’s really her own talent and skill as a court reporter that the audience is getting a taste of on their screens in millions of homes. Her professional demeanor, impeccable wardrobe, and model good looks is our profession’s dream come true for having any possibility of the “Scully Effect” happening, which would drive hundreds of prospective stenographers to our court reporting schools and give our profession hope of a bright future.

Judy Justice came in as the number one original program on IMDb TV for its first season, with more than 25 million streaming hours viewed towards the end of that season.  According to the New York Post, the first season generated more than 75 million hours watched between both the US and the UK as a whole.

The X-Files began airing in 1993, and after a few seasons, people began noticing a phenomenon called “The Scully Effect.” The “Effect” referred to the large number of female X-Files viewers who were inspired by Scully to enter so-called STEM fields: science, technology, engineering, and mathematics.

I’m wondering if the same phenomenon is happening currently in the Stenographic Shorthand Reporting field. After a few seasons of X-Files it happened. I’m wondering if after 3 seasons of Judy Justice it’s happening in court reporting.

West Valley College’s new instructor, Ana Fatima Costa, posted recently that “Since fall semester began two weeks ago, with triple the amount of students in now three classes—Internship, Codes & Procedures, and CSR Exam Review…” This court reporting college’s enrollment has tripled! We’re seeing this upward trend in colleges all across the country with rising enrollments, thanks to the multitudinous efforts of the likes of the NCRA AtoZ program, Project Steno, schools, court reporters, and associations all over the country who have ramped up efforts to recruit prospective student to the profession.

Court Reporters have been making efforts to increase the spotlight on our career for the last decade and ongoing. Cassandra Caldarella’s article “10 Reasons I love my career as a Court Reporter” has been printed by court reporting schools all over the country and put into their packets for prospective students since 2018. And Caldarella’s 2015 Lifehacker article “What I do as a Court Reporter” was reposted by hundreds of career sites, including Monster.com and was viewed by over 8 million people.

NCRA’s A to Z program’s first graduate started the program in the Spring of 2017. Project Steno launched on December 7, 2017, five-plus years after the Ducker Report was published which predicted the dire shortage of court reporters.

If the “Scully Effect” was documented as happening after only a few seasons, we’re talking about only 3 years. The above-mentioned activities have been ongoing for more than five or six years with no such tripling effects in school enrollment. It’s only in the last 3 years, after the Judy Justice show aired, that our schools are flourishing, and exponentially.

There was a survey conducted by the Geena Davis Institute on Gender in Media that gathered data from women who entered STEM fields where they were asked if they knew about the show X-Files and if that influenced them to enter the field.

Their findings proved what was dubbed as The Scully Effect to be real! But how is it that someone playing a character who works in STEM can inspire so many people to go into those fields, for real?

Maxwell’s 21 Irrefutable Laws of Leadership, the Law of the Picture says it best: “People do what they see.” When we see someone who looks like us doing something, we realize that it’s possible for us as well. Now there’s science behind this phenomenon.

The Court Reporting industry ought to commission a study, a survey, that validates the hypothesis that this “Scully Effect” is happening now in our profession, which I suggest that more women and men are becoming interested in court reporting because of Whitney Kumar, and her role as Judy Justice’s stenographer throughout the show’s 3 seasons. Maybe schools can employ a survey such as the one that the Geena Davis Institute conducted and feed it back to one source to curate the data – such as the Steno Strong committee. (hint, hint, nudge, nudge)

Re-imagining and portraying our image as a valued professional is crucial! One of the reasons for the shortage of court reporters is because we’re the best kept secret. High school counselors have long stopped telling students about our profession because of their false belief that we would be replaced by electronic recording, which will never happen. Who better than to give the public a new image with a fresh face than the vibrant, young, sexy, gorgeous, smart, business woman, Whitney Kumar? What little girl wouldn’t want to grow up to be just like her?

While law schools are overflowing with students interested in a legal profession, and those students can’t find jobs after graduating because of the glut of lawyers entering the profession, many of whom believe that court reporters are glorified notetakers, because they only know what they’ve seen portrayed in the law shows that lured them into law schools: the portrayal of boring, elderly, librarian, conservative ladies who sit with antiquated steno machines with paper overflowing that never say a word. The disparity in their belief versus the reality – for example that court reporters often make more than attorneys and judges and are the most important person in the room at legal proceedings because they hold power greater than a judge – that of producing the transcript that can overturn a judge’s decision – is reflected in the phrase, “you can’t be what you can’t see.” For many law students, it’s hard to envision themselves as a court reporter because they believe the role is beneath them. They don’t know what we do, and they don’t know our value, our worth, and the dollars we make for our special skillset.

How does The Scully Effect solve the shortage of Court Reporters?

Ordinary people don’t normally see court reporters in their daily lives. They’re in courtrooms or out in law offices doing their work, and normal people are off doing whatever it is they do. But on TV, those two paths cross. People are given an inside —even if a little dramatized—peek to a world that’s often off limits to them. And in that moment, new realities open up.

Kudos to Whitney Kumar for conjuring the “Scully Effect” in court reporting! I know it’s happening! I challenge someone, anyone to prove me wrong! But I believe that Whitney’s Scully Effect could be bigger, a LOT bigger! What can we do to help bolster this Scully Effect in our industry? If the survey found that 50% of the women in STEM industries had seen the show and were influenced to pursue a STEM career, and that 24% of the entire population in those industries had come from the Scully Effect, then let’s take 24% of our industry, with an estimated 27,000, that would be 6,480 reporters in the future that will have found our profession because of Whitney Kumar on Judy Justice. The attrition rate in STEM fields is about 48 percent versus a the 90 percent attrition rate in court reporting school, so we can adjust that number to roughly 3,240. The simplified point being, we have a ways to go to match the numbers in the Scully Effect from the X-Files show.

Here are some additional actions taken in the U.S. that worked to increase the amount of women entering STEM fields:

It makes me wonder if Judge Judy Sheindlin, the highest paid woman on American television ($440m) would consider donating $1 Million to Fund Court Reporting education for Women.

I know our industry has a lot of published authors out there, including Jason Meadors, Diane Kilpatrick, and others. Any possibility of collaborating on a Book Series for Young Girls that can close the gap in Steno?

We need a national, unified effort to attend high school career fairs to educate about the steno career on a regular basis.

Whitney, traveling the country to talk at court reporter conventions in our own industry, was preaching to the choir, so to speak, and getting reporters all over the country fired up and excited about being court reporters. It was great for our morale! Time to bring her appearances to an outside audience, to the next generation of court reporters, to prospective court reporting students. We need to expand her reach, introduce her to a new audience to share with them the best kept secret! What are your thoughts, ideas, suggestions to how we can capitalize on her Scully Effect to help our profession replenish our ranks and thrive and survive?

A spin-off from Judy Justice, with the Stenographer as a lead character!

My ultimate vision for Whitney Kumar and an explosive Scully Effect would be a spin-off into her own show, highlighting her as the lead character, navigating the legal waters as an agency owner, a twin, with a team of court reporters who work for her and are her friends and client attorneys in her spectacular life. Her real life is more exciting than other reality shows that need fabricated plot lines to bolster their lead characters. There’s enough material to go on and on for 9 or 10 or 25 seasons! Surely, there has got to be a way to pitch this to the Judy Justice team to have them help make this a reality!

What are some of your ideas to bolster this emerging Scully Effect in court reporting?

The Digital Decision has been made – no going back!

The big box firms like Veritext and our industry vendors who provide us with CAT software and steno machines are absolutely NOT going to abandon their Digital Recorder plan. But they NEED us. They need us more than we need them. I thought they needed us because there are laws in 25 states that prohibit transcript production by anybody other than a CSR. In CA, it’s actually a misdemeanor to attempt to admit an uncertified transcript into evidence.

Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of “life, liberty, or property” by the federal and state governments, respectively, without due process of law.[1][2][3]

The U.S. Supreme Court interprets these clauses to guarantee a variety of protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague lawsincorporation of the Bill of Rights to state governments; and equal protection under the laws of the federal government.

But after talking with Veritext’s COO, Andy Fredericks, who thinks they can just stipulate away the laws. Veritext is having notaries produce transcripts. Not even CSR’s. Notaries. Not even sure if the notary produced the transcript. There’s a good chance the transcript was produced offshore and then their in-house notary just “certified” the transcript for them. This is why the SoCal Stip movement should have been educating attys that they need a judge’s ruling in order to order us to follow their stipulation. They’re bypassing due process and just going around the laws in 25 states, with impunity!

I just talked to an attorney and explained what’s happening to him and he said, “Oh, that’s why the court reporters were all creating a stink about the SoCal Stip.” See! They get it! It’s not that they would have now just added getting a judge’s ruling on their stip so they could still stip and steal our product, but when they see the bigger picture of how this is all working against them, they’re sincerely outraged and will fight WITH us! We need attorneys on our side fighting against what’s happening!

To put this in perspective. If Veritext is a $20,000,000 (20 million) company, and digital makes up 10% of their business, that’s $2 Million dollars!!! That’s HUGE! That’s MUCH bigger than I thought! That was shocking news to me last week. If USL is another $20 million company, and also has 10% digital, that’s another $2 million. That’s now possibly $4 mil. And the STTI has an agency training that is teaching all agencies across the US to go digital. So what if digital is now 10% of the entire court reporting business. If it’s purported to be $1.2 billion, that’s $120,000,000. Yes, 120 MILLION dollars. That’s a HUGE market opportunity. It’s like a Gold Rush. Don’t think that you’re going to get them to support steno with Gold Rush dollar signs in their vision. That’s just for 10% of the market. Now look at the entire $1.2 BILLION market opportunity. If they can capture ALL of the business by doing digital themselves – recruit, train, employ, offer benefits, only pay 10% of what they would normally pay reporters (50%) – they are looking at $1.2 BILLION!!!!! This is bigger than any money made in the Gold Rush! To put this into perspective, the output of gold rose from $5 million in 1848 to $40 million in 1849 and $55 million in 1851.

But we now know that Veritext’s shareholders have mandated each office must be doing 50% digital! So it blows these numbers based on 10% out of the water! This is much, much bigger than the Gold Rush!

If stenographers are to survive, we must envision a world WITH digital. We must be at the forefront, steering our own industry ship, otherwise, it will overcome us. We must demand that these notaries and “digital recorders” are getting the same schooling, taking the same tests, getting certified if they want to be in the same league and call themselves a court reporter. Christopher Day is turning the tables and putting some effort into recruiting their digital recorders, convincing them to become legitimate and become stenographers or voice writers.

We need to establish our position as gold-standard court reporters, at the top of the market where we will command top tier pricing.  ER, Digital, and lesser options may command the bottom market rates and services for the lower dollar-value cases and will probably make up the majority in the future.  We need to ensure our place at the top of a hierarchical structure, or else they will succeed in attempting to create what’s called a holacracy where digital and ER are on the same par with highly skilled court reporters.   We cannot let that happen.   

There’s a saying called “Wag the Dog,” and it was the name of a great movie with Dustin Hoffman.  Does the dog wag its tail?  Or does the tail wag the dog?  We can’t keep letting non-stenographers drive our industry and determine our value.  Entities such as attorneys, insurance companies, large agencies backed by venture capital, and other non-licensed, non-certified reporters who are profit-driven should NOT be driving our industry.   Am I right?  I’d like you all to visualize our profession and see us at the top of a hierarchical structure.  I ask that you all reach higher than you’ve ever imagined, because it’s within our grasp and it’s how we’ll thrive. 

ANNIHILATION

The point is simply this: Court Reporting is facing an existential crisis on several fronts.

The truth is that stenographers will become extinct if we don’t start valuing them appropriately.  Annihilation is one of the very real possibilities we are facing.  Yes, Annihilation.  The extinction of court reporters.  If we lose too many of our numbers, we will lose our software vendors, our hardware vendors because our numbers are simply not sustainable for their ongoing business model.  We may be able to continue on with our existing equipment for 20 years, but we will have absolutely no support for it if anything goes wrong and there will be no more replacements offered.  Once we reach that point, there’s no coming back. 

Hostage negotiators NEVER tell themselves it’s gonna be fine.  Hostage negotiators take the worst possible scenario and act like that is the reality they are dealing with, because if they don’t do everything they can, people WILL die.  They accept the reality of that outcome and are brutally honest about it.

I’m going to be brutally honest with you.  If we don’t walk out of here today accepting the reality of our possible extinction and utter annihilation and start taking drastic actions, doing things we’re uncomfortable with – if we don’t start getting others to value our skills, say no, and be honest about the consequences of not doing enough, it will be too late. 

We have a very small window of time to change the course of our history, a future where stenography is the gold standard, our numbers are strong, we are highly valued, and we command top-tier pricing.  That future is possible and its within our reach and our power to achieve. 

We have the ultimate advantage in this negotiation!  We have LEVERAGE!  We have laws in place in 25 states, for now. We have more than 27,000 stenographers throughout the country.  If every one of us start controlling the narrative and demonstrating our value, we could win!  Now, who wants to win? 

Court reporters are not commodities.  I’m going to repeat this:  We are the highly skilled gold standard that the legal industry cannot live without!  If they want us to be around in the future, we’d better learn to say “no,” we’d better learn our value, we’d better start to tell the truth about having court reporters available in the future, and we’d better start doing this before it’s too late. 

 

All Rise for the Steno Barbie: A Dream Career

Barbie’s creator was a stenographer, yet with over 200 Barbie careers, Stenographer isn’t one of them.

A petition by stenographers is seeking to change that. There are over 28,000 stenographers currently employed in the United States. 90.2% of all stenographers are women, while 9.8% are men. There is a worsening crisis of a shortage of court reporters in the United States.

Simply put, a stenographer is someone who types what people say. A stenographer is a person trained to type or write in shorthand methods, enabling them to write as quickly as people speak. Stenographers can create lasting documentation of court and deposition proceedings. Also called Court Reporters, they are officers of the court with the authority to administer an oath.

Without court reporters, justice in America as we know it would come to a screeching halt, and be replaced with a tyrannical rule of government where the government would own the recordings and those with power and wealth can control the record. An example of the coming injustice is seen in the Waukesha Parade Massacre case of Darrell Brooks, where court recordings were conveniently lost, when it became clear that the court could have been culpable in the wrongful death and massacre of 6 people and injuring 62 others.

The fact is that stenographers are capable of making more money than Judges, Doctors, Lawyers, Neurosurgeons, and the CEO’s of companies and equity firms that are, out of envy and greed, trying to keep women from earning a high income.

Where courts have previously relegated their official court reporters to part-time status with no benefits, they’re now offering huge incentives to attract them.

In 2019, Mattel’s Barbie Career of the Year was the Barbie Judge Doll.

“The company chose a judge as its Career of the Year doll after learning that only 33% of sitting US state judges are women, Lisa McKnight, senior vice president and global brand general manager of Barbie, told USA TODAY.”

“Judge Barbie is available in a variety of different skin tones and hairstyles. She comes with a customary black robe and a lacy collar that looks strikingly similar to Justice Ruth Bader Ginsburg’s.”

Even the infamous “Judge Judy,” Judge Judy Sheindlin, insisted on having a human Court Reporter (aka Stenographer) on the cast of her new show, Judy Justice. Whitney Kumar was not only cast as the stenographer on the show, she is a real, live, certified California Certified Shorthand Reporter. Judge Judy wanted “more elements to work with” and saw an opportunity with adding a court reporter who would share her realtime output screen with the world and readback testimony upon the Judge’s request, as many as three times per show, just as a judge would do in the real world. A stenographer is such a valuable role in every courtroom, ensuring the protection of the record and ultimately justice in America.

Judges always say, “The court reporter is the most important person in the room.” If that is the case, then there should be a Steno Barbie. But why, you ask, is a stenographer that important? Well, simply put, our record transcends the courtroom, where a court of appeal can overturn the judge’s decision. Without a transcript, a case has no chance at winning an appeal. Successful lawyers talk about trying their case to the Court of Appeals for a reason, because if they lose in the lower court, they have one more shot at winning in the COA. The court reporter has powers beyond that of a judge, in that a judge cannot order the court reporter to change the record. The court reporter is granted special powers to protect the record, even from judges who might attempt to control and influence the record. The court reporter is the only one in the courtroom who does not have to follow the judge’s orders, and instead protect the record with their own jurisdictional powers to do so. That is what makes the court reporter the most important person in the courtroom.

Barbie’s over 200 career choices are broken down into 11 categories, but it wouldn’t be hard to place a Steno Barbie into either the Public Service or Business categories, or both, one for court officials and one for freelance deposition court reporters and CART/captioners. And then there’s the choice of which method, steno or voice, or both.

I would propose that, like the Barbie Judge with a cause, we would have the Steno Barbie partner with Project Steno to raise funds to help promote careers & training in stenographic programs.

Please sign the petition today, and be a part of a movement to protect the record and ensure justice in our American courtrooms.

Veritext Shareholders Mandate 50% Digital Nationwide

An ex-Veritext employee recently shared with StenoImperium that the Shareholders of Veritext have mandated that every single Veritext office nationwide have a split of 50% digital and 50% steno! We were told that each Veritext office around the country has weekly meetings with staff and they go over their numbers, ensuring that 50 percent of their business each week is digital. Also, it is a purely profit-driven decision, compelled by the V shareholders. There is no written policy that the whistleblower knows about, but it is expressly understood that it is a requirement, and it’s looked at and discussed weekly by each employee in each office nationwide. There has to be documentation of this mandate somewhere.

A reward of $1,000 is offered for anyone who can produce a document from Veritext that discusses this shareholder requirement/mandate that 50% of their business must be digital. Anyone who wishes to come forward can reach StenoImperium through this blog.

In 2021, Andy Frederick’s, the COO of Veritext in California, shared with a court reporter that digital business accounted for 10% of their CA market share, which was $10 million at the time. This 50% mandate in CA would equal $5 million in digital business in CA, a state where using the term “court reporter” (or any iteration of the title) in legal proceedings is protected and can’t be used by anyone who is not licensed by the Court Reporters Board. For transcripts to be admitted into evidence and lodged with the court in CA, it must be certified and signed by a CA CSR. Transcripts produced by Veritext’s “notaries” are being rejected by CA judges. Also, digital recorder persons are not permitted to work in court, although they try to sneak in, only to be kicked out.

Stenographers are the Generals in the War Against Tyranny

“Absolute power corrupts absolutely” is one of the proverbial sayings that seems to be proved correct by experience of people’s actual behavior.

It was coined by the English nobleman Lord Acton [John Emerich Edward Dalberg Acton, first Baron Acton (1834–1902] in 1857, using similar ideas expressed by several of his contemporaries. It was part of a quote of his opinion expressed in a letter Bishop Mandell Creighton in 1887, “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.”

He coined the phrase, but he didn’t invent the idea; quotations very like it had been uttered by several authors well before 1887. Primary amongst them was another English politician with no shortage of names – William Pitt the Elder, Earl of Chatham and British Prime Minister from 1766 to 1778. Pitt said something similar in a speech to the UK House of Lords in 1770:

“Unlimited power is apt to corrupt the minds of those who possess it.”

More than 2,400 years ago, the Greek philosophers Plato (c. 428–347 B.C.) and Aristotle (384–322 B.C.) wrote about tyranny and the rule of law. In a tyrannical government, the government becomes corrupt and uses its power to further its own interests, instead of working for the common good.

Like Plato and Aristotle, our nation’s founders worried about tyrannical government. In John Adams’ (1735-1826) phrasing of the problem of power, he states, “My opinion is, and always has been, that absolute power intoxicates alike despots, monarchs, aristocrats, and democrats”. Recognizing that tyranny could come from a single powerful ruler or from “mob rule,” the founders wrote into the Constitution mechanisms to prevent tyranny and promote the rule of law. They separated the powers of government into three equal branches of government: the executive (the president), the legislative (Congress), and the judicial (the Supreme Court). Each branch can check the other to prevent corruption or tyranny. Congress itself is divided into the House of Representatives and the Senate. The House, elected for two-year terms, is more likely to be swayed by the passions of the people than the Senate, elected to six-year terms. The Constitution further limits the powers of the government by listing its powers: The government may not exercise any power beyond those listed. The first 10 amendments to the Constitution, the Bill of Rights, protect people’s liberties and freedoms from government encroachment. In creating the judicial branch of government, the framers gave federal judges lifetime terms, thus ensuring that judges would base their decisions on the law and not on politics.

The judicial branch of government further separates the power of government down through the lowest level of court in courtrooms by separating the duties and powers of courtroom staff, giving the court stenographer, a unique and separate power from the judge. A court reporter does not answer to the judge and is not directly controlled by the judge. The power of a court reporter is separate and apart from the judge, and I would assert, equal to or greater than that of a judge, because a court reporter can essentially overrule a judge’s order to change the record, on their own authority given to them by the state to protect and preserve the record.

The role of a court reporter is to protect the record, and their transcripts transcend the courtroom, where that judge’s rulings in a case can then be overturned by a higher court. This is the reason why judges always say, “The court reporter is the most important person in the room.” It’s the role of the court reporter who serves as the checks and balances in our judicial system, preventing corruption, precisely as the Greeks had predicted could happen, more than 2,400 years ago. For this reason, judges and the judicial council should play no role in minimizing the role that court reporters play in our justice system; it would seem to serve a self-interested agenda. Wouldn’t it behoove a tyrannical judiciate to get rid of court reporters, who are a threat to their agenda, that being one of having absolute power?

Fast forward to our current time in history, members of our judicial system stand at the precipice of absolute corruption and are venturing to drive America into a tyrannical rule of justice.

Case in point.

The country watched as Waukesha County jury convicted Darrel Brooks on 76 charges for murdering six people and injuring more than 60 others in the Waukesha Christmas parade attack Nov. 21, 2021. But what has received very little attention since being initially reported are the missing electronic recordings of his bail hearing on Nov. 5th, when Brooks was accused of running over the mother of his child with the same SUV police said was used in the Waukesha parade crimes. The bafflingly low $1,000 bail amount, even though Brooks was at the time in violation of his bail conditions for a 2020 case where he was accused of opening fire on a family member, was the subject of media attention and they requested a court transcript, only to be told that there was never a record created of the Nov. 5 2021 bail hearing because of a failure of audio recording equipment. Hearings from two other days, before and after, were also not recorded by the court.

Just a year before this took place, Waukesha County removed court reporters from their courtrooms and replaced them with electronic recording equipment, after being warned by the Wisconsin Court Reporters Association of the dangers that ER posed to the justice system. Court Reporters are known as the Guardians of the Record because the decentralized nature of keeping of the court records with licensed professionals, is the most superior way to protect the record. It protects from natural disasters, such as floods, fires, earthquakes, and it also protects from malicious data hacks. If hackers wanted to gain access to all the county’s transcripts and corrupt, destroy, or tamper them, they couldn’t do it, because they’re not there. They are with each of the individual court reporters who are using, at a minimum, 4 sources of backups for all of their court transcripts, individually, and are protecting them to ensure they are not tampered with and changed. The court reporters are responsible for the chain of custody of the record and certify that the record of the proceeding that they reported on their steno machine is 100% accurate.

When Waukesha County adopted electronic recording equipment, guess who was put in charge of the protection of the record? The court became the custodian of the record. That is a huge conflict of interest, which becomes clear in the face of the Darrel Brooks fiasco.

Milwaukee County Chief Judge Mary Triggiano claimed the missing electronic recordings were a result of a “human error” or a “technical malfunction.” Woops! My bad! The resulting investigation has been long forgotten now. It was the fox guarding the henhouse.

What would the judgment against Waukesha County have been in the resulting civil actions for six wrongful death cases and 60 injured victims have been? Settlement awards for successful wrongful death claims have ranged from $1,000 or less to tens of millions of dollars. With 6 victims, the county could have been bankrupted with hundreds of millions of dollars in just settlements. What those victims’ families needed was that transcript of the judge’s negligence in letting him out on $1,000 bail.

I don’t believe for one second that 3 days of recordings of hearings was “human error” or a “technical malfunction.” I believe it was intentional evidence tampering by the guilty party, who happened to be in charge of the evidence, and who had everything to lose if that evidence was not destroyed.

This is Tyranny. This is absolute corruption. This is where our justice system is heading, unless we stop it, unless we fight to keep human court reporters in charge of protecting the record.

https://www.wisn.com/article/waukesha-parade-suspect-bail-hearing-not-recorded-failure-of-court-equipment/38404097#

https://www.cnn.com/2021/11/22/us/what-we-know-about-suspect-in-waukesha-parade-tragedy/index.html

Justices Removing Justice

The Heroic Journey: A Stenographer’s Judicial Nemesis

The American Justice System simply cannot exist without stenographic court reporters. It’s that simple – to me, at least.

Then why are Courts across the country getting rid of their stenographic court reporters? The budgetary and shortage reasons they are claiming surely can’t be the cause behind it. Those can be overcome.

Courtrooms used to function with only a judge and a court reporter, with the court reporting handling the judge’s calendaring, minute orders, exhibit handling, jury handling. Then the case loads increased and the court reporters brought in help in the form of clerks. When the clerks’ job duties became overwhelming, they brought in bailiffs to bring order to the unruly proceedings and handle protecting the jury from tampering. But then bailiffs were replaced with low-wage courtroom assistants who took over the jury handling duties and they would call the courthouse bailiffs only as needed. When budgets got tight, the first courtroom staff to get the ax was the one with the most skills and ability to do the job of 3 people, the court reporter.

Los Angeles County, California, was the first county in California to privatize court reporters in civil courtrooms in 2012, making the litigants responsible for paying the court reporters and thereby saving $12 million by getting rid of 79 official court reporters from its roster of over 500 official court reporters. A decade later, 48 of the 58 counties in California, have privatized their civil court reporters to save money. The popular saying, “As California goes, so goes the rest of the country” rang true with many states following CA’s lead, such as Colorado, Texas, Washington, Florida, and more. Some states had already privatized their court reporting services, such as Nevada, which has done so for about 30 years.

But some states took it a step farther and removed court reporters altogether, replacing them with electronic recording equipment in all of its courtrooms, including felony criminal courtrooms, such as Massachusetts and Wisconsin. Arizona recently tried and failed.

Indiana is the most recent state to attempt to remove stenographic court reporters from its courtrooms with their Trial Rule 74 currently being proposed.

Proposed Amendment to Indiana Rules of Trial Procedure (January 2023)

I was alerted via Facebook on January 13th and quickly shared this Indiana Court Reporter’s post with all the court reporting groups I’m on in Facebook where it immediately received nationwide attention and response.

It received the attention of a popular steno blogger, Christopher Day, of Stenonymous. And he posted an article this morning.

The Indiana Judicial Branch is seeking public comment on this matter until February 6, 2023 at 12:00 p.m. (Eastern). Follow this link above and click on “Proposed changes to Trial Rule 74” to submit your comments in their form. Let them know why it would be a mistake to adopt this language and why stenographic court reporters are important.

Here is the comment I left:

“Stenographers are the bedrock of the justice system.  Stenographers are unbiased protectors of the record.  Stenographers produce a verbatim record of what is said, and ensure that they get every word.  Stenographers keep the record and produce a transcript when needed.  When a stenographer produces a transcript, that stenographer ensures that the chain of custody has never been broken. 

The Chain of Custody is an important concept in understanding the role a stenographer plays in the justice system.  Chain of custody means that the stenographer witnessed each word being uttered, captured it with a live verbatim stroke on their machine, within nanoseconds, made at least three backups of that word (on their machine SD backup card, their laptop, and on the cloud), has an auditory memory of the word and also a kinesthetic memory of it (their finger placement on the steno keyboard), proofread it from beginning to end in accordance with their years of training in English grammar and punctuation, produced a transcript that is formatted according to code, and certified it, certifying that every word was said by the speakers and they witnesses it and nobody has altered anything in the transcript. 

When you don’t use a stenographic (or voice) reporter, you do not have the assurance that the chain of custody was not broken and you cannot possibly be certain that every word in the transcript was spoken by that speaker or that it hasn’t been changed or altered by someone with a biased interest in the case.  In fact, digitally recorded proceedings, many times, will require multiple unlicensed typists to do the work, making it difficult to track them down later, and takes longer to produce. 

It takes a typist four times longer to transcribe something from audio using a QWERTY keyboard, and longer if the audio quality is poor or speaker mumbling requires multiple playbacks.  And working with current 50-year old statutory court rates, it would mean that transcribers would be earning less than minimum wage.  Since there are laws in the US prohibiting a person from earning less than minimum wage, it would be prohibitive of a company using US workers for the transcription work, so they would be forced to outsource those jobs overseas.  The recording of legal court proceedings and having them transcribed by multiple typists in other countries for below minimum wage is creating a slave trade. 

Using unlicensed transcriptionists outside of the United States creates a security risk for the data contained within those transcripts.  And it makes it impossible to sue and recover damages for inaccurate transcriptions.  Stenographers are required to maintain licenses and carry Errors and Omissions Insurance, and attorneys can sue a court reporter if she makes a transcription error, or complain to the board, and there are consequences, including fines and the loss of licensure.  Going down the road of electronically recording audio and using transcribers takes away all accountability, responsibility, and recourse if damages ensue. 

Stenographers are independent contractors when it comes to maintaining our steno notes and producing transcripts.  We archive our notes individually.  Having a decentralized system of archiving court records is the most secure way of protecting the record.  When one company or government entity were responsible for holding all the records, that can be a recipe for disaster.  It creates an easy target for hackers.  It can overwhelm the servers housing the data.  It creates an astronomical financial burden to store all that data in one place and maintain backups.  I attended the Wild West Court Reporters Convention in Snowbird, Utah, this past summer where I was able to talk to the keynote speaker, who was incarcerated and for a murder she did not commit and then exonerated after she was able to track down the court reporter on Facebook to get the transcript of her trial. The courthouse had a flood and all her records were lost. But the court reporter still had all her stenographic notes in her garage from the trial that took place 20 years ago. A stenographer has an intrinsic and strong personal duty to protect the record for their entire lifetime, and even designates a person to leave their notes to upon their death. It’s a stark contrast to a window clerk who wasn’t there and can simply say, yup, no, we don’t have it, with no accountability or repercussions and doesn’t care one iota for the record’s existence or lack thereof.

But most importantly, absolute power corrupts absolutely.  We’ve seen the recent example of Darrell Brooks who was convicted of murdering five people after his SUV rammed into a Christmas parade in Waukesha, Wisconsin in November of 2021.  There were no records of his bail hearing where he was charged with injuring a woman at a gas station with his vehicle just a week before the Christmas parade massacre.  The proceedings were recorded, but the recordings of the day before, the day after, and the day of his hearing were conveniently “missing.”  The appearance of impropriety is obvious when the record is maintained by the very court that would be impuned by that evidence of erroneously letting that man out on $1,000 bail.  In this Waukesha case, the court is not unbiased, IMHO.  The court should not be given the responsibility of keeping records, electronic recordings or otherwise, because of the possibility of their involvement in a case of obvious error.  The court should give absolutely zero appearance of impropriety at all times, but when the court is the keeper of the record, it becomes an impossibility. 

In the Brooks’ case, the Wisconsin Court Reporters Association warned the courts over and over about the dangers of proceeding without stenographic court reporters.  Their warnings were ignored.  But the court in Wisconsin did not suffer any harm, because it controlled the record and the investigation.  Otherwise, had a record been produced by an unbiased stenographic court reporter, the families of those 5 murdered victims could have brought suit against the judge who erroneously let him out on a $1,000 bail.  What are wrongful death cases worth these days?  It depends on the victims; right?  3 dancing nannies and a husband of one, probably wouldn’t have seen an award for more than a couple million each, based on the life expectancy tables, but the child could have brought an 8 figure judgment against the small county.  The combined awards in the multiple wrongful death causes of action could have bankrupted the small Waukesha county.  So good for Waukesha for getting rid of the stenographic court reporters before anything like that happened.         

https://www.fox6now.com/news/darrell-brooks-freed-on-bond-before-parade-no-record-of-hearing

It is for this reason that the judicial branches of government should never, ever be allowed to make decisions regarding getting rid of stenographic court reporters.  There ought to be a law against it.

If the Indiana judiciate is as corrupt as the ones in Wisconsin, then by all means, move forward expeditiously with removing stenographic court reporters!”