Supreme Court Orders

Alternative Means of Reporting

In the Matter of the Amendment of Supreme Court Rules: (proposed) SCR 71.05 - Alternative Means of Reporting

Order 97-11

On Dec. 9, 1997, the Director of State Courts filed a petition requesting the creation of a rule to authorize the use of alternative means of making a verbatim record of court proceedings in certain circumstances and to provide for the maintenance and retention of those records and for the preparation of transcripts of them. The proposed rule would also require the Director of State Courts to promulgate and publish standards for the use of alternative means of reporting. A set of standards for the use of alternative means of reporting is attached to the petition.

IT IS ORDERED that a public hearing on the petition shall be held in the Supreme Court Room in the State Capitol, Madison, Wis., on March 17, 1998, at 1:30 p.m.

IT IS FURTHER ORDERED that the court's conference in the matter shall be held promptly following the public hearing.

IT IS FURTHER ORDERED that notice of the hearing be given by a single publication of a copy of this order and of the petition and attachment in the official state newspaper and in an official publication of the State Bar of Wisconsin not more than 60 days nor less than 30 days before the date of the hearing.

Dated at Madison, Wis., this 6th day of January, 1998.

By the court:

Marilyn L. Graves, Clerk of Court

Petition

The Director of State Courts hereby petitions the Court, pursuant to its administrative authority over all courts conferred by Article VII, sec. 3 of the Wisconsin Constitution, to create SCR 71.05 as follows:

SCR 71.05 Alternative Means of Reporting

(1) Electronic means of making a verbatim record may be used as follows:

(a) with prior approval of the chief judge, in high volume court proceedings where transcripts are requested infrequently.
(b) in instances where a court reporter is not available.
(c) in other instances as deemed necessary by the circuit court judge and approved by the chief judge.
(2) The electronic record shall be maintained in compliance with SCR 72.05, and for the length of time required in SCR 72.01 (47) for stenographic notes or the time required for the case type in SCR Chapter 72, whichever is shorter.
(3)(a) If a transcript of any proceeding recorded under this section is required, the court shall order that a transcript be prepared.
(b) The court reporter who prepares the transcript under par. (a) shall certify that it is a verbatim transcript of the electronic recording of the proceeding.
(c) Transcripts under this section shall comply with the provisions of SCR 71.04.
(4) The director of state courts shall promulgate and publish standards for the use of alternative means of reporting.

Respectfully submitted this 9th day of December, 1997.

J. Denis Moran, Director of State Courts

Standards for the Use of Alternative Means of Reporting
SCR 71.05(4)

1. Equipment - Minimum Standards for Recording, Playback and Transcription; Technical and Functional Requirements.

A. Recording

Courtroom audio recording system equipment must include the following minimum features:

Clear, echo free recording
The ability to separate and record four, independent audio sources (i.e., judge, lawyers, witness)
Ability to isolate each audio source for recording and/or playback
Four separate microphones
Visual gain meter for each audio source
Recording on standard size cassette, digital audio tape or other current audio recording technology media
Allow a minimum of six hours of continuous recording time
Separate gain control for each channel
If switching of tapes/cassettes is necessary, provide for automatic, uninterrupted switching from the first cassette to the second at the end of the tape
If switching of tapes/cassettes is necessary, provide for an audio and/or lighted switching signal to alert the operator of the switch
Audio and/or lighted trouble signal to alert the operator of a recording problem
A counting mechanism to allow for indexing of court recordings

B. Microphones

Microphones with the following characteristics:

Low profile
Unidirectional
Recording range of 10-12 feet
Capable of being removed from the microphone stand and held in hand

Microphone stands with the following characteristics:

Low profile
Adequately insulated to not transmit surface noises and/or vibrations through the microphone stand and recording
Sufficiently sturdy to not be dislodged/moved along the surface by anything but a deliberate attempt to move the stand
No sharp edges
Compatibility with the existing sound amplification system, ensuring that the recording on each channel is free of electronic distortion, feedback and/or other sounds that come from the sound amplification system

C. Playback/Transcription

Testimony recorded during court proceedings is often transcribed. Sound quality is a concern. Words spoken in court stand as the record of the proceeding. The electronic recording will be used to create transcripts of the proceeding upon request of the party. Transcripts may be used to clarify what action was taken by the court, what action is ordered by the court and for providing a record on appeal.

Playback and transcription features must include:

On/Off switch with lighted or other indicator identifying the status of the equipment
Four audio source independent playback capabilities
Ability to isolate each audio source for playback
Ability to play back all channels simultaneously
Separate volume/gain control for each audio source
Standard size cassette, digital audio tape or other current audio recording media technology
Headphones
Counting mechanism to cue desired testimony
Easy control of counting mechanism
Capability of playing back the record forward and backward
Capability of playing back the record at different speeds
Compatibility with the existing sound amplification system, ensuring that the playback of each audio source is free of electronic distortion, feedback and/or other sounds that come from the sound amplification system

2. Exceptions

Section 1 lists minimum standards and covers the use of a relatively low cost and low technology approach to electronic recording in the courts. A system using different technical specifications may be used if:

it meets substantially the same or higher functional standards;
a written proposal is submitted explaining how the functionality of each of the requirements in Section 1 is met or exceeded;
a showing of compliance with the requirements of SCR 72.05, as applied to electronic recording, is made; and
written approval is received from the director of state courts.

The equipment standards may be revised periodically to include additional technical approaches.

In an emergency situation, if SCR 71.05(1)(b) applies and recording equipment which meets the minimum standards is not available, a single, hand-held tape recorder may be used to record a brief and/or time critical court proceeding. In such circumstances, a transcript shall be produced and filed no later than the third business day after the proceeding. The recording will then be destroyed.

3. Operation

The courtroom clerk, or other person designated by the judge, shall operate the electronic recording equipment. An electronic record shall be made of the case number and case caption. The court shall require the parties to state and spell their names audibly into the microphone. The clerk shall enter on the court record or minute record and a master recording log the case number and caption, the date and type of proceeding, the parties present and their recording channels, the recording (e.g., tape or other storage medium such as compact disk) number, and the starting counter number when the case is called.

4. Storage and Retrieval

The clerk of court shall be the custodian of the electronic recordings. Recordings shall be numbered with a unique number in sequential order by calendar year (e.g., Tape #97-0001), list the date(s) of the court activities contained on each recording, the case type(s) and the court official conducting each proceeding. The recording shall be stored in chronological order. The court record for the case shall contain: a cross reference to the recording number (i.e., tape number or compact disk number), the starting counter number and the location where the recording is stored.

The recording shall not be removed from its file storage location unless an out card or receipt is left in its place indicating the person responsible for the removal of the tape. A tape should be removed only for duplication purposes or when it has reached the destruction date prescribed by SCR Chapter 72.

Storage and preservation of electronic recording media for long term retention beyond two years must be in a secured and environmentally controlled location following ANSI (American National Standards Institute) standards for preservation of electronic media.

Recordings eligible for disposal should be obliterated by physical destruction or by erasing the data and should never be used for recording other court activity.

Duplicates of the electronic record may be purchased by parties to whom a transcript would be available.

5. Transcription and Certification

Verbatim transcripts shall be prepared upon request and shall comply with SCR Chapter 71. A duplicate of the electronic record shall be used for transcription purposes.

Wisconsin Lawyer