NEBRASKA COURT REPORTING PROJECT - FINAL REPORT, JULY 1975

• NCJ Number: 48186
• Author(s): J M GREENWOOD; T J FETTER; L A JENSEN
• Date Published: 1975
• Length: 69 pages
• Grant Number(s): 75-77
• Sponsoring Agency: US Dept of Justice; Nebraska Cmssn on Law Enforcement and Criminal Justice
• Corporate Author: National Ctr for State Courts
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

TO DRAFT A COMPREHENSIVE APPROACH TO THE RECORDING OF PROCEEDINGS AND THE PRESERVATION OF EVIDENCE IN THE NEBRASKA COURT SYSTEM, THIS ANALYSIS OF CURRENT PRACTICE TOGETHER WITH RECOMMENDATIONS WAS COMPILED.

Abstract

QUESTIONNAIRES TO JUDGES AND COURT REPORTERS, INDEPTH STUDIES OF SIX JUDICIAL DISTRICTS, AND SURVEYS OF COURT RECORDS FOR EVERY CASE APPEALED TO THE NEBRASKA SUPREME COURT FROM THESE SIX DISTRICTS FROM SEPTEMBER 1, 1972, TO FEBRUARY 28, 1975, WERE USED IN THIS STUDY. THE VARIOUS AUDIO AND VIDEO RECORDING TECHNIQUES AVAILABLE FOR COURT REPORTING ARE LISTED ALONG WITH THEIR RESPECTIVE ADVANTAGES AND DISADVANTAGES. SINCE 80 PERCENT OF REPORTERS ALREADY USE TAPE RECORDERS AS A BACKUP TO STENOGRAPHY, IT IS RECOMMENDED THAT THE STATE BUY TAPE RECORDERS AND ARRANGE FOR THEIR USE IN ALL COURTROOMS TO ENSURE GREATER ACCURACY. THIS WOULD ALSO GIVE THE COURT A RECORD IN CASE THE REPORTER IS DISABLED OR DIES BEFORE TRANSCRIBING NOTES. MORE SOPHISTICATED SYSTEMS CAN BE INVESTIGATED. THE CURRENT SYSTEM OF THE JUDGE HIRING THE REPORTER HAS WORKED WELL. LOCAL CONTROL OF WORK SCHEDULES IS RECOMMENDED. A STATEWIDE CERTIFICATION PROGRAM IS RECOMMENDED, TOGETHER WITH INCREASED PAY FOR CERTIFIED REPORTERS. THE MOST PRESSING PROBLEM IDENTIFIED WAS LACK OF SECURITY FOR EVIDENCE. AT PRESENT, THE COURT REPORTER IS RESPONSIBLE FOR EVIDENCE. NO SECURE ROOMS ARE PROVIDED. THE REPORTER OFTEN MUST KEEP ITEMS IN HIS OR HER OFFICE. BOTH JUDGES AND REPORTERS URGED THAT PROCEDURES FOR EVIDENCE SECURITY BE WORKED OUT BY THE STATE AND ITS SECURITY SYSTEM. THE CASE RECORD STUDY SHOWED THAT COURT REPORTERS NEARLY ALWAYS FINISHED TRANSCRIPTIONS, BILLS OF EXCEPTIONS, MOTIONS AFTER JUDGMENT, OR OTHER REQUIRED ITEMS WITHIN THE TIME LIMIT ESTABLISHED BY THE STATE. THE AVERAGE CRIMINAL RECORD WAS COMPLETE WITHIN 52 DAYS OR LESS AND THE AVERAGE CIVIL CASE TOOK 53 DAYS OR LESS. MOST OF THE DELAYS WERE DUE TO EXTENSIONS TO ATTORNEYS FOR PREPARATIONS OF BRIEFS. IT IS URGED THAT FEWER EXTENSIONS BE GRANTED. CHARTS AND FIGURES ILLUSTRATE THE STATISTICS GATHERED DURING THE STUDY. THE SURVEY QUESTIONNAIRE IS APPENDED. (GLR)