# Do they still use stenographers in US courts, and if so why?

**URL:** <https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651>\
**Category:** Factual Questions\
**Created:** [October 27, 2014, 3:18pm UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651 "2014-10-27T15:18:44Z")\
**Posts on this page:** 16\
**Page:** 2

<div class="post-metadata">

**Author:** ![TSBG](https://avatars.discourse-cdn.com/v4/letter/t/77aa72/32.png) [@TSBG](https://boards.straightdope.com/u/TSBG)\
**Post date:** [October 28, 2014, 3:23pm UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/21 "2014-10-28T15:23:29Z")

</div>

I’m no expert, but as a point of interest, I just read the transcripts of a trial in Federal district court in NY from earlier this year. They had been transcribed by an actual court reporter in real time–there was a decent amount of interaction between the judge and the court reporter, including readbacks. The judge also frequently instructed the witnesses to speak up and slow down for the sake of the stenographer.

There were different stenographers on different days, and in some cases they used a different transliteration of a foreign word, which I though was interesting–both “correct”, but one seemingly a bit outdated.

---

<div class="post-metadata">

**Author:** ![CC](https://avatars.discourse-cdn.com/v4/letter/c/f1d935/32.png) [@CC](https://boards.straightdope.com/u/CC)\
**Post date:** [October 28, 2014, 4:32pm UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/22 "2014-10-28T16:32:22Z")

</div>

> [@ZipperJJ](#):
>
> Don’t you need someone taking the transcript live so the judge can be all “Will the stenographer please read back what the defendant said?”

Yes, you do. And by the same token, I recently spoke with someone who does this for a living and she pointed out that because of advances in technology, during trials, real time transcripts can now be made available to the participants. For instance, an attorney, sitting at his desk, may want to check something that a witness said several minutes prior, and can gain access to that testimony because there is a court reporter taking it all down. Audio and video recording have their virtues, but those don’t obviate the benefits of a court reporter.

---

<div class="post-metadata">

**Author:** ![Donnerwetter](https://avatars.discourse-cdn.com/v4/letter/d/b2d939/32.png) [@Donnerwetter](https://boards.straightdope.com/u/Donnerwetter)\
**Post date:** [October 28, 2014, 5:04pm UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/23 "2014-10-28T17:04:50Z")

</div>

If I recall correctly, the judge who presided over the Casey Anthony murder trial had access to a (obviously human-readable) real-time feed generated by the court reporter’s stenotype machine. Essentially, it’s a form of closed captioning.

---

<div class="post-metadata">

**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [October 28, 2014, 5:07pm UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/24 "2014-10-28T17:07:01Z")

</div>

[Yup](http://www.ninthcircuit.org/about/programs/court-reporters). It’s called [CART](http://en.wikipedia.org/wiki/Communication_Access_Real-Time_Translation).

---

<div class="post-metadata">

**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [October 28, 2014, 5:51pm UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/25 "2014-10-28T17:51:42Z")

</div>

> [@Hail\_Ants](#):
>
> The problem with tape recordings is that on the surface it may seem like they’re the obviously better, simpler, cheaper, more logical choice. But not really. A courtroom is a big noisy room, with not necessarily good acoustics, with multiple people talking one after the other (with frequent overlap). If it comes down to having to refer to a specific, key bit of testimony a tape recording could require a complex forensic examination, similar to NTSB investigators listening to flight voice recorders. What’s being actually said is open to interpretation, subject to noise, speech patterns, context, emotion etc.

I’ve never heard of anyone in our system having concerns like that; i’ve never run into those sorts of problems.

There are microphones in front of the judge, the witness, and at the counsel tables. The transcripts we get are clean and accurate.

---

<div class="post-metadata">

**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\
**Post date:** [October 28, 2014, 6:14pm UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/26 "2014-10-28T18:14:40Z")

</div>

> [@Northern\_Piper](#):
>
> I’ve never heard of anyone in our system having concerns like that; i’ve never run into those sorts of problems.
> 
> There are microphones in front of the judge, the witness, and at the counsel tables. The transcripts we get are clean and accurate.

That’s because of this:

> [@](#):
>
> With respect to “inaudibles” on the recording, there’s a time lag so the clerk can monitor the recording. The person speaks, the machine records, and plays the recording in an earpiece the clerk is wearing. That way, if the recording fails for some reason, the clerk can advise the judge right away, who can tell the witness or lawyer to speak up, or repeat the question or answer.

The hearings I’ve seen which used either audio or video recording didn’t have a clerk who could monitor the recording- the judge would have had to monitor the recording.( because you certainly couldn’t have the prosecution or defense monitor it) If you’re going to bring additional personnel in, you might as well use a stenographer.

---

<div class="post-metadata">

**Author:** ![Dendarii\_Dame](https://avatars.discourse-cdn.com/v4/letter/d/bbce88/32.png) [@Dendarii\_Dame](https://boards.straightdope.com/u/Dendarii_Dame)\
**Post date:** [October 28, 2014, 6:16pm UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/27 "2014-10-28T18:16:20Z")

</div>

> **[Rogue alcoholic court reporter kept writing ‘I hate my job’](https://nypost.com/2014/04/03/alcoholic-court-stenographers-gibberish-imperils-guilty-verdicts/)**
>
> An alcoholic Manhattan court stenographer went rogue, channeling his inner “Shining” during a high-profile criminal trial and repeatedly typing, “I hate my job, I hate my job” instead of the trial …

I read about this back in April. A court stenographer in New York typed “I hate my job” over and over instead of taking down the actual testimony. (Yes, the cite does reference The Shining.) There were no recordings, so they arrested the stenographer and tried to make him say what he actually remembered about one case. Didn’t do a whole lot of good, big surprise. Then the judge brought back all the witnesses and lawyers and asked what they remembered.

The whole case has **Law and Order** or maybe **Boston Legal** written all over it. I can just imagine what Jack McCoy or Lenny Briscoe would have said.

---

<div class="post-metadata">

**Author:** ![UncleFred](https://avatars.discourse-cdn.com/v4/letter/u/f0a364/32.png) [@UncleFred](https://boards.straightdope.com/u/UncleFred)\
**Post date:** [October 28, 2014, 8:21pm UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/28 "2014-10-28T20:21:14Z")

</div>

FWIW Our Town Meeting has a stenographer. They use a stenotype. Not audio.

---

<div class="post-metadata">

**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [October 28, 2014, 9:19pm UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/29 "2014-10-28T21:19:16Z")

</div>

> [@doreen](#):
>
> That’s because of this:
> 
> The hearings I’ve seen which used either audio or video recording didn’t have a clerk who could monitor the recording- the judge would have had to monitor the recording.( because you certainly couldn’t have the prosecution or defense monitor it) If you’re going to bring additional personnel in, you might as well use a stenographer.

We always have a court clerk in all proceedings. Bringing in a stenographer (which is how it used to be done here) would increase costs, while having the court clerk do it is sufficient for monitoring purposes.

---

<div class="post-metadata">

**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\
**Post date:** [October 28, 2014, 9:19pm UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/30 "2014-10-28T21:19:18Z")

</div>

> [@Hail\_Ants](#):
>
> A stenographer is essentially a human voice-to-text transcription facilitator. With a human brain that understands all the basics of common sense, context of speech, emotional tones etc …

Quite right.  
We hire one for our political conventions. She types on a small special keyboard, connected to a computer, and the display is projected onto a large screen in the auditorium. She provides real-time text of the activity during the convention, which everyone can read.

We originally did this as an accommodation for deaf or hard-of-hearing participants, but were surprised to hear from many others how helpful they found this, given the noise & confusion at political conventions. So we have continued to do so.

But it is expensive. And they are giving us a special discount rate, to support people participating in the political process (and because the stenographer says this is so much more interesting than her usual day of taking down dry legal depositions). Her text transcription is also recorded on her computer, and they offer us the option of purchasing that file (delivered within 1 day, or 3 days, or 7 days). The price decreases if you give them more time to deliver it, but it still seems extremely high to us. But I suppose it’s reasonable if you’re in court of a million dollar lawsuit.

---

<div class="post-metadata">

**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\
**Post date:** [October 28, 2014, 11:20pm UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/31 "2014-10-28T23:20:59Z")

</div>

Are stenographers typically allowed to choose what device to use, or even use their own device, as long as the transcript is accurate? E.g. how often does it happen that Joe P. Stenographer shows up for work one day, goes to the supply department to pick up a stenography machine, and gets told by the clerk that the only stenograph available right now is the old 1975 Berzerker Mark 2 that Joe really hates?

---

<div class="post-metadata">

**Author:** ![Asimovian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asimovian/32/172_2.png) [@Asimovian](https://boards.straightdope.com/u/Asimovian)\
**Post date:** [October 29, 2014, 2:01am UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/32 "2014-10-29T02:01:49Z")

</div>

> [@robert\_columbia](#):
>
> Are stenographers typically allowed to choose what device to use, or even use their own device, as long as the transcript is accurate? E.g. how often does it happen that Joe P. Stenographer shows up for work one day, goes to the supply department to pick up a stenography machine, and gets told by the clerk that the only stenograph available right now is the old 1975 Berzerker Mark 2 that Joe really hates?

Court reporters generally have their own individual equipment that they bring with them (that they’ve purchased with their own money), rather than a pool of machines that any reporter can use. Generally a stenography machine attached to a laptop that translates their typing on the fly.

---

<div class="post-metadata">

**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\
**Post date:** [October 29, 2014, 2:14am UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/33 "2014-10-29T02:14:58Z")

</div>

No two court reporters speak exactly the same “language.” They are taught a basic shorthand during their schooling, but their setups are as individual as they are. The keystrokes they make on their machines must be tailored to be read by their computer in real time. They can USUALLY read each others’ paper tapes, but sometimes it can be challenging.

Everything they use is expensive: Their steno machines, the software for their computers, etc. If they are officials, meaning official reporters of the court, they work long, long hours. They must be available to their judge at any time court is in session. Their transcribing work is all done on their own time or during slow times when court is in recess.

They earn good money – but they do earn it. Many of them suffer from repetitive motion injuries at some point in their careers, particularly if they work for a judge who isn’t mindful of breaks or making sure the discussion in the courtroom occurs in a measured fashion.

---

<div class="post-metadata">

**Author:** ![MarkN](https://avatars.discourse-cdn.com/v4/letter/m/e56c9b/32.png) [@MarkN](https://boards.straightdope.com/u/MarkN)\
**Post date:** [October 29, 2014, 3:15am UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/34 "2014-10-29T03:15:30Z")

</div>

> [@VunderBob](#):
>
> The court reporters are still there, but the case where I was in the jury, she took audio recordings. This was 1990ish…

Yes, they are very much still there in the courtrooms, at least the civil, criminal, and appeals courts. (I’m an attorney) There are audio recordings made and the reason for court reporters is due to the possibility of electronic audio failure.

---

<div class="post-metadata">

**Author:** ![Hail\_Ants](https://avatars.discourse-cdn.com/v4/letter/h/dc4da7/32.png) [@Hail\_Ants](https://boards.straightdope.com/u/Hail_Ants)\
**Post date:** [October 29, 2014, 11:53pm UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/35 "2014-10-29T23:53:35Z")

</div>

> [@Dendarii\_Dame](#):
>
> [Exclusive | Rogue alcoholic court reporter kept writing ‘I hate my job’](http://nypost.com/2014/04/03/alcoholic-court-stenographers-gibberish-imperils-guilty-verdicts/)
> 
> I read about this back in April. A court stenographer in New York typed “I hate my job” over and over instead of taking down the actual testimony. (Yes, the cite does reference The Shining.) There were no recordings, so they arrested the stenographer and tried to make him say what he actually remembered about one case. Didn’t do a whole lot of good, big surprise. Then the judge brought back all the witnesses and lawyers and asked what they remembered.
> 
> The whole case has **Law and Order** or maybe **Boston Legal** written all over it. I can just imagine what Jack McCoy or Lenny Briscoe would have said.

Wow! So he fell on hard times and all, but tough titty. I hope they charge this guy with multiple felonies like evidence tampering. Hell, he’s essentially guilty of perjury by proxy (if there is such a thing)…

---

<div class="post-metadata">

**Author:** ![LSLGuy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lslguy/32/5813_2.png) [@LSLGuy](https://boards.straightdope.com/u/LSLGuy)\
**Post date:** [October 30, 2014, 12:32am UTC](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651/36 "2014-10-30T00:32:03Z")

</div>

Previous thread from 2011 about machine stenography [How did "old fashoned" Court recorders work? - Factual Questions - Straight Dope Message Board](http://boards.straightdope.com/sdmb/showthread.php?t=606034)

[Previous page](https://boards.straightdope.com/t/do-they-still-use-stenographers-in-us-courts-and-if-so-why/702651.md?page=1)
