Massachusetts Does
Away With Court Reporters

As of the end of June, the Commonwealth of Massachusetts has
“scrapped” its court reporters and is now almost solely using digital
recording systems in its courtrooms.

In the midst of a nationwide court reporter shortage,
multiple states have faced tough decisions regarding methods of capturing the
official courtroom record. Massachusetts court officials say the shortage had
nothing to do with their decision. They began placing digital recording systems
in courtrooms in 2009, and this year’s move was an upgrade and expansion of
that system.

Some prosecutors and criminal defense attorneys look at the
move with skepticism, as reported in the Boston
Globe:

“Our main concern is that we have a
complete and accurate record of everything that is said in a courtroom without
any mistakes, because one error or an unnoticed malfunctioning
of a taping system can do irreparable harm,” said Melissa Dineen, a managing
director in the public defenders division at the Committee for Public Counsel
Services.

Norfolk District Attorney Michael
Morrissey said court reporters interrupt when they can’t hear clearly and ask
speakers to repeat themselves. If a proceeding gets interrupted, court
reporters can quickly read back the last question, he said.

“The electronic devices have been
getting better over the years but I don’t believe they are a substitute for
court reporters,” said Morrissey.

Other attorneys expressed concerns that the digital system
could malfunction without anyone noticing, or that witnesses shuffling papers
or talking over attorneys could create an inaudible portion of the record.

Court officials have hired “court monitors” who
will operate the recording equipment and monitor it for any malfunctions. The
average annual salary for a court monitor is approximately $18,000 a year less
than a court reporter’s salary. Court administrators are able to assign court
reporters to some criminal proceedings, including murder or rape trials. In
that instance the independent court reporter would be paid a per diem of
$250.64, $80 less than a salaried court reporter’s daily rate.

Martin Healy, chief legal counsel for the Massachusetts Bar
Association, said he was “initially alarmed by the decision to phase out
court reporters, but has been convinced over many years and many meetings that
the system was working.”

Digital court reporters are being increasingly used in
courtrooms and deposition suites, and with good reason. The bottom line is that
the skill and professionalism of the reporter capturing the record is more important
than the method used.

At Legal Media Experts, we proudly utilize the latest
technology in stenotype, voice writing, and digital court reporting to ensure
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