You Can’t Stipulate Your Way Around the Law – The Dangerous Fiction of the “No-Reporter Stipulation”

A court transcript is not a convenience. It is evidence. When attorneys stipulate to proceed without a court reporter, they are not authorizing an “alternative record.” They are agreeing that no lawful evidentiary record will be created. What follows—a stipulated statement of proceedings—is not a transcript, but a negotiated reconstruction. And evidence cannot be manufactured after the fact.

Who’s Reading the Jurors’ Notes? A Confidentiality Breach Hiding in Plain Sight

After a jury trial concluded, I witnessed a courtroom assistant reading through jurors’ notebooks for entertainment—laughing, speculating, and sharing contents with the clerk. Juror notes are confidential and must be destroyed, not treated like gossip fodder. This isn’t just unprofessional—it’s a breach of trust that undermines the integrity of our justice system.