8-Attachment 1 - Court Reporting Manual.pdf

ATTACHMENT 1

Court Reporting Manual

Page i

Contents

1 Purpose

Acknowledgements

2 Overview of Judicial Branch

Supreme Court of Maryland (SCM)

Appellate Court of Maryland (ACM)

Circuit Courts

District Court

Orphans’ Courts

3 Definitions

4 Human Resources

Qualifications

Appointment

Private Court Reporting Activities

Supervisory/Chief Court Reporter

Professional Conduct

Financial Disclosure

Ownership of Transcripts and Notes

Sample Job Descriptions

5 Audio Recording Procedures

Personnel:

Procedures:

Tagging:

Log of Events/Special Procedures:

Depositions:

6 Transcripts

Preparation

Proceedings Overview

Transcription

Transcript Page Rates

Transcript Examples and Checklists

7 Audio Requests

Access to Audio Recordings

Access to Audio/Video Recordings

Audio and Audio-Video Distribution Format

Audio Request Form

District Court Audio Requests

8 Maryland Laws and Reference

01/25/2023 Page 1

1 Purpose

This manual provides guidance on policies and procedures for use by those performing court reporting, electronic recording, and transcription work for the Maryland Judiciary. It provides definitions, duties, and requirements for court reporters as well as an overview of the Maryland Court system and laws affecting the reporting process. Directions and examples of proper transcription are also included. The purpose of the manual is to support consistent and clear procedures throughout the Judiciary.

Acknowledgements

This Court Reporting Manual was prepared by the Court Reporting Workgroup. Deepest thanks and gratitude to the Committee members and staff for their support and commitment to this project.

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2 Overview of Judicial Branch

The Judicial Branch consists of the Supreme Court of Maryland, the Appellate Court of Maryland, the Circuit Courts, the District Court of Maryland, and the Orphans’ Courts.

The Chief Judge of the Supreme Court of Maryland is, by Constitution, the Administrative Head of the Judicial Branch. In this capacity, and pursuant to Maryland Rule 16-505, the Chief Judge has the authority and the responsibility for administering the system of court reporting in Maryland courts. This includes the authority to adopt qualification criteria for individuals engaged in court reporting, as well as formatting requirements and statewide fees for transcripts. See the Administrative Order Setting Minimum Requirements for Court Reporting and Transcription.

Supreme Court of Maryland (SCM)

The Supreme Court of Maryland is the highest State tribunal in Maryland and is located in Annapolis, the state’s capital. The Court is composed of seven judges – the Chief Judge and six associate judges – with each judge representing one of the seven appellate circuits.

The Supreme Court of Maryland hears cases almost exclusively by way of certiorari, a discretionary review process that allows the Court to concentrate on issues that are “desirable and in the public interest.” A party generally may file a petition for a writ of certiorari for review of a case or proceeding pending in, or decided by, the Appellate Court of Maryland on appeal from a circuit court, an orphans’ court, or the Maryland Tax Court. Certiorari may also be granted in a case that has been appealed to a circuit court from the District Court or from the Motor Vehicle Administration, after the initial appeal has been heard in the circuit court.

Transcripts of proceedings in the Supreme Court of Maryland are not prepared; however, the proceedings are webcast live and recorded. Webcast recordings are archived on the Maryland Courts website.

Appellate Court of Maryland (ACM)

The Appellate Court of Maryland is the intermediate appellate court and is located in Annapolis.

The Appellate Court of Maryland is composed of 15 judges – the Chief Judge and 14 associate judges – at least one of whom comes from each of the seven appellate circuits. The Appellate Court of Maryland generally sits in panels of three, although will occasionally sit en banc.

The Appellate Court of Maryland is an appellate court of general jurisdiction. It has exclusive initial appellate jurisdiction over any reviewable judgment, decree, order, or other action of, and generally hears cases appealed directly from, a circuit or orphans’ court, unless otherwise provided by law. The Court also considers applications for leave to appeal in such areas as postconviction, habeas corpus matters as to denial of or excessive bail, continued commitment of or stay of execution for insane or incompetent defendants, inmate grievances, appeals from criminal guilty pleas, violations of probation, and denial of victim rights.

Transcripts of proceedings in the Appellate Court of Maryland are not prepared, but oral arguments are audio recorded.

https://mdcourts.gov/sites/default/files/import/adminorders/ao_ctreporters_reqs2_05.pdf https://mdcourts.gov/sites/default/files/import/adminorders/ao_ctreporters_reqs2_05.pdf

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Circuit Courts

There is a circuit court in each of the 23 counties in Maryland and one in Baltimore City. The courts are grouped into eight geographical circuits. Circuit courts are trial courts of general jurisdiction and handle all jury trials; major civil cases; more serious criminal cases; juvenile cases; family matters including divorce and child custody; and, most appeals from the District Court, orphans’ courts, and certain administrative agencies.

Circuit courts are courts of record, which means that all proceedings before the court are recorded. Transcripts include all proceedings in a case. Unless a copy of the transcript is already on file in the circuit court, an appellant appealing to an appellate court shall order transcripts from the Office of the Court Reporter in the circuit court from the county in which the proceedings were held. See Maryland Rule 8-411.

District Court

The District Court of Maryland is comprised of 12 geographical districts and 34 locations statewide. The jurisdiction of the Court includes all landlord-tenant cases, replevin actions, motor vehicle violations, misdemeanors, and certain felonies. In civil cases, the District Court has exclusive jurisdiction in claims for $5,000 or less, and concurrent jurisdiction with the circuit courts in claims for amounts above $5,000 but less than $30,000. The jurisdiction of the District Court is concurrent with that of the circuit courts in criminal cases, classified as misdemeanors and certain felonies, in which the penalty may be confinement for 3 years or more or a fine of $2,500 or more. The District Court also holds bail and preliminary hearings for any crime charged in Maryland. The District Court does not conduct jury trials.

As with the circuit courts, the District Court of Maryland is a court of record, and all proceedings before the Court are recorded. A typed transcript of a proceeding will be produced under certain limited conditions in accordance with Maryland Rule 7-102(b).

Orphans’ Courts

Orphans’ courts handle wills, estates, and other probate matters. They also have jurisdiction, along with the circuit courts, to appoint guardians for the person, and to protect the estates of unemancipated minors. Appeals from orphans’ courts are generally to the circuit courts, where the matter is tried de novo before a judge or jury. If appealed to the Appellate Court of Maryland, the matter is heard on the record.

https://casetext.com/rule/maryland-court-rules/title-8-appellate-review-in-the-court-of-appeals-and-court-of-special-appeals/chapter-400-preliminary-procedures/rule-8-411-transcript https://govt.westlaw.com/mdc/Document/N807301F09CEB11DB9BCF9DAC28345A2A?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)

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3 Definitions

Term Definition

CART Reporter A CART (Communication Access Realtime Translation) Reporter is a court reporter using CAT (computer-aided transcription) software, who converts the spoken word into English text and then into a feed that is displayed on a computer terminal screen for use by a hearing-impaired individual. The hearing-impaired individual could be a juror, a judge, a defendant, a witness, or other litigant. The CART reporter should not act as both the official court reporter and the CART reporter simultaneously. The CART reporter is governed by the rules and laws affecting interpreters.

Court Recorder An individual employed, contracted, or utilized by a court to record testimony by electronic means (audio or audio-visual).

Court Reporter An individual employed, contracted, or utilized by a court to record testimony whether through the use of a stenographic machine or equipment, written symbols, or otherwise.

Court Reporting The act of making the official verbatim record – that is one that reflects accurately what was spoken by a participant during any on-the-record proceeding in, or for use in, any Maryland court – whether by an audiographer, reporter, videographer, or other individual, through the use of an electronic device, stenographic machine or equipment, written symbols, or otherwise.

Court Reporting Personnel

Court reporters, court recorders, transcriptionists, and any other personnel whether employed or contracted who make the court record for use in any Maryland court.

Digital Audio Files Files created by digital recording systems and saved in a format that allows storage and playback through computer applications.

Electronic Transcript An official transcript delivered in an electronic, non-paper medium.

Notes A verbatim record of a proceeding made whether through use of an electronic device, stenographic equipment or machine, written symbols, or otherwise – including the dictionary, media storage files, audio or video files, and other documentation needed to prepare a transcript.

Log notes Time stamped notations in digital audio recording programs which allow users to search for specific areas of the court recording.

Operator The person assigned to operate the audio or audio-video recording system.

Realtime Reporter A court reporter, using CAT (computer-aided transcription) software, who converts the spoken word into English text instantly into a feed that is displayed on a computer terminal screen that can be viewed, read, streamed, and searched by attorneys, judges, and litigants.

Transcriber An individual who prepares a transcript of a proceeding from an audiotape, digital recording, videotape, or other means, and who certifies the transcript.

Transcript The verbatim record of an oral proceeding that is prepared and certified by a transcriber and serves as the official record of that proceeding.

Transcription Services

A vendor, employee, or contractor who transcribes the verbatim record of court or on-the-record chambers proceedings, or portions thereof, from audio or video files.

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4 Human Resources

Qualifications

A Maryland court, subject to the approval of its administrative judge, may use vendors, contractors, or employees for court reporting or transcription services so long as the vendor, contractor, or employee meets the qualifications set forth in the Administrative Order Setting Minimum Requirements for Court Reporting and Transcription in Maryland Courts issued September 9, 2021. A court may obtain these services directly from qualified individuals, vendors, or contractors who provide qualified court reporters or transcriptionists.

Individuals, vendors, or contractors providing transcription services must meet or exceed industry quality standards, maintain certification records for reporters or transcriptionists, and provide proof of certification on demand.

Prior to commencing work as an employee or contractor, a court reporter or transcriptionist responsible for making the record shall provide proof of certification as a court reporter by a national or state certifying body, a copy of which shall be maintained by the Court Administrator. Thereafter, the court reporter must maintain his or her certification and submit proof of such certification annually. Although certification is preferred, an employee or contractor may, subject to the approval of the Court Administrator, substitute two year of relevant court reporting experience in lieu of certification.

The requirement for certification shall not apply to any employee or contracted employee already employed and in good standing as of September 9, 2021.

Appointment

Court reporters are Judiciary employees that are generally funded by the local (county/city) jurisdiction. The judges of the circuit courts, pursuant to Court and Judicial Proceedings 2-501, have the authority to hire court reporters. As a result of this localized authority, the hiring and appointment practices of the local jurisdiction should be followed. The qualifications established in this document will serve as a minimum level of certification or experience. Local jurisdictions may impose more qualification requirements as appropriate.

Private Court Reporting Activities

Generally, court reporters are permitted to establish and run a private business that engages in the production of transcripts. It is the best practice to obtain the permission of a Court’s Administrative Judge to be certain that such work is not in conflict with the court reporter’s official duties. Under State ethics law, court reporters may not, under any circumstances, perform private transcript preparation or production work during hours they are employed by the court.

Supervisory/Chief Court Reporter

Pursuant to Maryland Rule 16-505, a county with more than one court reporter shall have one court reporter designated as a supervisory court reporter. The county administrative judge has supervisory responsibility over court reporters and recorders in the circuit courts and may delegate supervision to a supervisory court reporter.

https://casetext.com/rule/maryland-court-rules/title-16-court-administration/chapter-500-recording-of-proceedings/rule-16-505-administration-of-circuit-court-recording-process

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Professional Conduct

Court reporters may look to Maryland’s Code of Judicial Conduct for guidance on decorum and performance, both in and out of the courtroom. That Code, found in Title 18 of the Maryland Rules, though not directly applicable to court reporters, serve as guidelines for addressing situations where political, personal, and business involvements, both past and present, might conflict with professional responsibility. The court reporter must always be cognizant of the overriding requirements of propriety of action, impartiality of treatment, and balance in approach. The court reporter must follow the court rules, case law, and statutes, as they apply to other court staff.

A court reporter, like other court employees who interact with the public as well as the Bar, represent the judicial system. Court reporters are expected to exhibit appropriate demeanor, decorum, and professionalism at all times. A newly hired court reporter who has just left employment of an organization should not be involved in the preparation of a transcript concerning a case in which that organization is involved as it may create an appearance of bias.

Similarly, a court reporter should avoid cases that involve family members or close friends to avoid any hint of bias or conflict of interest in the work of the court.

Financial Disclosure

As court reporters are Judicial Branch employees subject to the state ethics laws, all court reporters whose positions are classified as exempt under the Fair Labor Standards Act and who are compensated at a salary grade with a base equivalent to at least the State of Maryland Salary Schedule Grade Profile STD0016 employees shall file a Financial Disclosure Statement with the State Ethics Commission each year as required.

Ownership of Transcripts and Notes

Notes, including the dictionary, and transcripts compiled by a provider of court reporting services are property of the Maryland Judicial Branch.

At the conclusion of the employment/contractual relationship, any notes or transcripts created for a court during the relationship that are in the possession of the court reporter are to be turned over to the appropriate administrative official at the court for which the work was executed.

Providers of court reporting services shall file, store, and dispose of notes in accordance with the Judiciary Records Retention and Disposal Schedule.

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Sample Job Descriptions

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Circuit Court for Baltimore County Class Specification

Class Title: Chief Court Reporter Grade 30 ($49,628 - $62,216) Full County Benefits Available

Definition:

Supervises and manages thirteen (13) court reporters on a daily basis. As a reporter, is responsible for recording daily proceedings in the Circuit Court. Reads back from notes taken for the benefit of the court, jury or counsel upon request. Preserves the trial record for appeal.

Examples of Duties:

Supervises the assignment of court reporters to court, settlement court and grand jury proceedings; has the responsibility for the recruitment, background review and testing of new court reporters together with any recommendations for employment; supervises transcript requests for masters’ hearings; supervises transcript requests of cases reported by reporters formerly employed by the Circuit Court and supervises records storage microfilming of court reporters’ notes.

Maintains accurate log of transcripts of proceedings ordered and deadlines fixed by rules of court and prepares typewritten transcripts of notes taken in proper transcript form in accordance with the Maryland Court Reporters’ Manual in time to meet fixed deadlines in the Supreme Court of Maryland or Appellate Court of Maryland and files them with the Clerk.

Collates and assembles and indexes and binds such transcripts. Performs other related work as assigned. Willingly and cooperatively performs tasks and duties assigned which may not be specifically listed in the position description but are within the general occupational category and responsibility level typically associated with the employee’s class of work.

Minimum Qualification:

Must have five (5) years of courtroom experience. Must be on CAT (Computerized Assisted Transcription) and attended a recognized court reporting school. NCRA Registered Professional Reporter preferred. Should be able to record verbatim routine courtroom dialogue with 99% accuracy, with a minimum of 225 WPM required.

Knowledge, Skills and Abilities:

Good facility with English vocabulary including: legal terminology; medical terminology;

engineering terminology; other technical language; and, the ability to decipher and understand various accents at rapid rates of speed. Must have the ability to understand and follow directions on various proceedings and protocol in court cases. Requires basic knowledge of orderly filing and indexing procedures and prompt day to day indexing and filing of stenographic notes.

Conditions of Employment:

This position is a non-merit unclassified position appointed by the Circuit Court for Baltimore County and is subject to the personnel policies and procedures adopted by the Court. Hours of operations are 8:30 a.m. to 4:30 p.m. or later at the discretion of the judge. No freelancing or outside work is allowed during working hours.

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Circuit Court for Baltimore County Class Specification

Class Title:

1.563 Technical Support Assistant I in the Court Administrator’s Office, Grade 23 ($38,557 - $48,898) in five annual incremental steps with longevity increases every five years thereafter up to 30 years of service culminating in a salary of $60,906. Full county benefits available.

Definition:

The Technical Support Assistant I assists the Circuit Court in operating the Digital Recording System, which is used to record testimony in Judicial and Master’s hearings in the Circuit Court for Baltimore County.

Example of Duties:

The Technical Support Assistant I is responsible for operating the Digital Recording System in the Circuit Court for Baltimore County. This system is an audio recording network, utilized for recording and storing testimony for twenty courtrooms and seven magistrates’ hearings rooms and two other locations.

Duties include: the administration of requests for transcripts; reviewing and “tagging” archived recordings; monitoring of court personnel from a network control room to insure correct “start up”, “shut down” and tagging procedures and providing training as needed. Additional responsibilities will include in court “tagging” of daily dockets, troubleshooting network problems in various court locations and ensuring the storage, cataloging and identification of all archived DVDs are according to protocol.

Flexible work hours may be necessary when daily court sessions are extended beyond normal business hours. Backup support for other Digital Recording Assistants is an essential element of employment.

Minimum Qualifications:

Must have graduated from a recognized high school, plus three years of field experience in a technical setting or graduated from a recognized community college with and A.A. degree plus one year of technical experience.

Knowledge, Skills and Abilities:

Must have a basic knowledge of office procedures and methods; must have the ability to keep accurate records; must have the ability to process information according to established guidelines; must be able to exercise a high degree of judgment, tact, diplomacy and competence in dealing with judges, public officials, attorneys, the public and professional personnel. Should be competent in a Microsoft Windows environment and have a working knowledge of Word, Excel and have the ability to adapt to changing technology. It is strongly desired that the person in the position be technically adept.

Physical and Environmental Conditions The work of this classification is essentially sedentary but may include occasional walking, standing, lifting of boxes or other limited physical activities.

Medical Examination Applicants selected for employment must successfully complete a physical examination that will also include urinalysis screening to ascertain that the applicant is drug free.

Conditions of Employment:

This position is a non-merit unclassified position with the Circuit Court for Baltimore County and is subject to the personnel policies and procedures adopted by the Court.

Revised 03/19

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Court Reporter for Baltimore County Class Specification

Position Title: Court Reporter Department: Circuit Court Organizational Relationship:

Reports To: Court Administrator Supervises: N/A

Overview:

Records all court proceedings for the Circuit Court and prepares audio CDs for the transcription service, the Judges, Masters, attorneys or litigants. Handles correspondence with regard to transcript estimates and CD requests. Reliable, consistent attendance is a requirement and essential function of this position. Confidentiality must be maintained at all times.

Education/Experience:

Requires a twelfth grade education; additional education and experience in law/criminal justice preferred. Computer experience a must. Ability to troubleshoot hardware/software technical issues a major plus.

Required Skills:

• Thorough knowledge of English usage, punctuation, spelling and legal terminology;

• Knowledge of computers and Microsoft Word software;

• Ability to monitor three to four courtrooms at one time;

• Ability to maintain a professional disposition and an effective working relationship with office personnel, Judges, Masters, courtroom personnel and the public;

• Ability to work in a fast paced environment;

• Ability to work independently yet as a team player within the Court Reporters’ Office;

• Ability to maintain organization within the Court Reporters’ Office.

Duties:

• Test courtroom microphones on a daily basis;

• Assemble and position microphones and equipment prior to Court; contact courtroom personnel throughout proceedings if changes need to be made to said microphones;

• Monitor court proceedings remotely in order to be sure there are no technical difficulties with recording and so that court hearings may be easily accessed either for audio copies or typed transcripts;

• Monitor three to four courtrooms a day for the duration of any and all court proceedings;

• Prepare audio CDs for the transcription service, the Judges, Masters, attorneys or litigants;

• Handle correspondence with regard to transcript estimates and CD requests;

• Answer the telephone and assist those calling with regard to ordering copies of audio recordings or typed transcripts, appeals, exceptions;

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• File completed original transcripts with the Clerk’s Office for transmittal to the Appellate Court of Maryland;

• Notify attorneys/litigants when transcripts or CDs are ready to be picked up;

• Work the “late week” as specified in the Court Reporter rotation calendar or as otherwise needed;

• While listening to the individual courtrooms, type in case names, numbers, attorneys’ names and witnesses’ names and addresses with accuracy. Make notes where cases begin and end in the recording;

• Perform a variety of office duties including ordering supplies, maintaining accounts payable/receivable and ledgers, bookkeeping, bill collecting, delivering correspondence, composing and preparing letters and other documents, and keeping statistical reports;

• Seal court proceedings through Expungements, Orders to Shield, and Grand Jury indictments;

• Requisition of court reporter tapes/notes from remote location at Maryland State Archives for transcript purposes and ensure their return.

Decision Making:

• Makes decisions on prioritizing completion of transcripts;

• Makes decisions regarding the note taking in Court and recording of what is said;

• Makes decisions on directing speakers, including attorneys, to microphones to assure accurate recordings.

Accountability:

Accountable independently for the efficient, timely, and accurate recording of Court proceedings.

Rev: 10/7/14

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Circuit Court for Howard County

Position Announcement

Job Title: Court Reporter Position Type: Full-time Opening Date: April 18, 2018 Closing Date: May 2, 2018 Grade/Entry Salary Range: G /$39,953 – 45,060

Starting salary commensurate with education and experience.

This position is responsible for recording verbatim court proceedings. The incumbent will report to the Supervisory Court Reporter.

Essential Functions:

• Records and monitors court proceedings using digital audio recording system, including the taking of notes, keeping the recording system in the courtroom in good working condition and preparing the courtroom for trials and hearings;

• Prepares hearing sheets in Magistrates cases;

• Prepares transcripts in accordance with Court Reporters Office guidelines;

• Processes transcript requests, packages transcript requests for outside typists, retrieves and plays recordings for parties and attorneys;

• Estimates transcript costs;

• Processes expungements;

• Prepares copies of audio recordings for the public;

• Performs administrative and secretarial duties, upon request; and

• Assists the public, attorneys and related state agencies by providing information about the provision of transcripts and audio recordings, both in person, and by telephone.

Knowledge, Skills and Abilities:

• Fast and accurate typing and proofreading skills, with attention to detail;

• Working knowledge of Windows based applications with an emphasis on Word, WordPerfect and Excel;

• Ability to be flexible regarding overtime work without advance notice, as jury deliberations may extend into the evening;

• Knowledge of legal terms, court procedures and understanding of State and County court structure;

• The ability to exercise discretion and independent judgment and interpersonal skills to interact effectively with all levels of professionals (judges, attorneys, court personnel, the public, etc.).

• Excellent organizational skills, the ability to establish priorities, be adaptable, and multi-task oriented.

• The ability to communicate effectively both orally and in writing, using proper grammar, syntax and spelling.

• Ability to add, subtract, multiply, and divide in all units of measure using whole numbers, fractions, and decimals.

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Experience: Relevant experience includes paralegal, legal secretarial, law enforcement, Court or Clerk’s Office experience.

Education: Possession of an Associate’s Degree from an accredited college or university with two years relevant experience. Two additional years of experience can be substituted for the educational requirement.

Please submit a resume, salary history and references (e-mail preferred) stating the position title by 11:59 pm of the closing date to:

Deidre Barksdale Circuit Court for Howard County

8360 Court Avenue Ellicott City, MD 21043 dbarksdale@howardcountymd.gov

The Circuit Court for Howard County is a drug-free workplace and an equal opportunity employer and values diversity in the workplace. We do not discriminate on the basis of race, religion, color, sex, age, sexual orientation, national origin or disability. Applicants who need accommodation for an interview may request such assistance in advance of an interview.

The candidate selected for this position will be subject to a background check and must be a US citizen or eligible to work in the US. A criminal background check will be done prior to hiring of individual.

mailto:dbarksdale@howardcountymd.gov

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Washington County

Court Reporter Grade:10 FLSA Status: Non-Exempt

General Definition of Work:

Performs difficult skilled clerical and administrative work preparing a verbatim record of all court proceedings, transcribing and preparing legal documents and correspondence, providing general office support and in assisting the Court with legal research and procedures. Direction is provided by the Judges in assigned courts.

Essential Functions/Typical Tasks:

(These are intended only as illustrations of the various types of work performed. The omission of specific duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position.)

I. Attends court sessions and accurately take stenographic notes and/or records all proceedings;

prepares, proofreads and distributes transcripts, including preparing CD's of proceedings.

Maintains, preserves and stores court logs, CD's and transcripts.

Prepares probation orders.

Prepares transcripts of proceedings in a timely manner.

Provides estimates of cost of transcripts for interested parties.

Prepares and distributes pre-sentence investigation forms.

Prepares verdict sheets.

Assists judge's administrative assistant when she is unavailable or out of office by answering the telephone, making copies, taking messages, scheduling appointments, typing orders, faxing materials, and obtaining files from Clerk's Office.

Assists courtroom personnel by preparation of courtroom when bailiff is absent, swearing in witnesses when clerk is absent and furnishing information about proceedings to clerk.

Assists bailiff in obtaining lunches and dinners for jurors during deliberations.

II. Orders supplies for and maintain court reporting equipment.

Attends and records Grand Jury proceedings as required.

Performs related tasks as required, including, but not limited to, being cross-trained with all other court reporters and substituting for them as necessary.

Knowledge, Skills and Abilities:

General knowledge of courtroom procedures; thorough knowledge of the English language, spelling, grammar and punctuation; possession of a good vocabulary, including legal terminology; thorough knowledge of the use and operation of computers, typewriters, electronic recording and transcribing equipment, faxes and copiers; ability to accurately transcribe and type at a speed of not less than 45 words per minute from electronically recorded testimony; ability to establish and maintain effective working relationships with associates, courtroom personnel and the general public.

Education and Experience:

Any combination of education and experience equivalent to graduation from high school or from an accredited community college

01/25/2023 Page 15 with major course work in secretarial science, court reporting or related field and extensive legal assistance experience.

Physical Requirements:

This is light work requiring the exertion of up to 20 pounds of force occasionally, up to 10 pounds of force frequently, and a negligible amount of force constantly to move objects; work requires fingering, and repetitive motions; vocal communication is required for expressing or exchanging ideas by means of the spoken word, and conveying detailed or important instructions to others accurately, loudly, or quickly; hearing is required to perceive information at normal spoken word levels, and to receive detailed information through oral communications and/or to make fine distinctions in sound; visual acuity is required for preparing and analyzing written or computer data, operation of machines, determining the accuracy and thoroughness of work, and observing general surroundings and activities; the worker is not subject to adverse environmental conditions.

Special Requirements: Valid Driver's License.

Revised: 8/2015

Reasonable accommodations may be made to enable individuals with disabilities to perform the essential tasks.

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5 Audio Recording Procedures

Background: As of the date of drafting this section, the majority of trial courts in Maryland use either CourtSmart or For the Record (FTR) to record proceedings. Some also use in-courtroom court reporters in addition to or in lieu of the audio recording. These procedures are intended to make the process of recording courtroom audio as uniform as possible and ensure the quality of the recording. While these procedures/guidelines are based upon the operation of CourtSmart/FTR, they can be applied generically to any recording system.

Each court must establish written procedures and assign appropriate personnel to ensure that all proceedings are properly recorded and that appropriate information (described below) is recorded.

Personnel:

• Judges have overall responsibility for court proceedings and for ensuring, along with the operator and the courtroom clerk, that the system is operating efficiently so that a clean record of the proceedings can be produced.

• Operator. The operator is responsible for operating the recording system and must be familiar with the system’s operating manual and must maintain a log of the proceedings.

• Courtroom clerk. The courtroom clerk or other designee of the court is responsible for assisting the presiding judge, including receiving and marking exhibits and other evidence, and keeping a record of the proceedings.

• Vendor. The vendor provides the audio recording system, which may include computers, processors, encoders, and other similar technology. It may also include microphones, speakers and other hardware.

• Judicial Information Systems (JIS). JIS is responsible for managing the Judiciary’s technology infrastructure and information systems (software, hardware, networks, servers, etc.).

Procedures:

• In general, a court must maintain its recording equipment according to the system’s operating and procedures manuals, in conjunction with Judicial Information Systems. It is especially important to maintain the servers on which the data is stored and have a robust system of backups so that data is not lost.

• Before proceedings are started each day, the operator must check the system to ensure that it is working properly and that all microphones are recording.

• If a problem with the system is discovered, the presiding judge must be immediately notified and the commencement of proceedings must be delayed until the system is again fully operational or an alternate means of recording is found (i.e. changing courtrooms, using a court reporter, or recording on another suitable device).

tanya.bernstein Highlight

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• If a problem arises after proceedings have started, the proceedings must be stopped immediately until the problem is resolved.

• Before proceedings start, the presiding judge or the courtroom clerk must announce that all proceedings are being recorded. In addition, visual reminders must be used to indicate that the proceedings are being recorded, such as a placard in the courtroom or on its door, or an electronic sign that illuminates when recording has started.

• Start the recording at the beginning of a proceeding.

• Recording must be continually monitored to ensure the accuracy of the record and to preserve the ability to transcribe the recording.

o The presiding judge and the courtroom clerk, if any, must remind counsel, witnesses, and parties to speak clearly and one-at-a-time so that the recording is clear.

o Reminders must be repeated whenever the amount of cross-talk/noise impedes a clear recording.

• Recording may be stopped at lunch or other significant breaks. If this is done, the operator must:

o Ensure that the equipment is tested again before re-commencement of the proceedings.

o Start/re-start the recording when the proceedings recommence.

Tagging:

• The Operator must tag the start time and end time of each separate proceeding.

• Additional tagging:

o Case name o Case number o Key events in the proceeding o Voir dire o Jury instructions o Opening and closing arguments o Identification of witnesses o Playing of recordings as evidence o Any other events directed by the administrative judge or presiding judge

Log of Events/Special Procedures:

• The operator must keep a legible running log of key events and other appropriate notes to assist the transcriber in completing the transcript if questions arise.

• Log the Play back of video/audio recordings with:

o A description of what is being played in court o Video/audio tanya.bernstein Highlight tanya.bernstein Highlight tanya.bernstein Highlight tanya.bernstein Highlight tanya.bernstein Highlight

01/25/2023 Page 18 o Any limitations on the play back o What portions are or can be played o Record in the log:

1. The general subject of the recording, for example:

a. Police interrogations

b. Body worn camera

c. Surveillance video

d. Security camera video

e. Recorded conversations

2. Name of the speaker(s) in the audio

• Telephone or audio/video appearances of witnesses, counsel, etc.

o Ensure that any audio played in the courtroom is either amplified through the audio system or can be picked up by the audio system.

o This must be tested each time this process is used.

o Record in the log the name of the speaker(s) in the audio.

• Bench Conferences.

o The recording system must be configured so that bench conferences are recorded.

o This must include the ability to isolate the bench microphone(s) from any amplification so that the audio is recorded but is not played in the courtroom.

o Log when bench conferences occur and who was present.

• Chambers Conferences.

o Provision must be made for recording chambers conferences either through the recording system or other appropriate system.

o Log when chambers conferences occur and who was present.

Depositions:

• Audio recording of depositions are governed by Rules 2-415 and 2-416. All deposition service providers must comply with these Rules when providing depositions for Maryland court proceedings.

https://casetext.com/rule/maryland-court-rules/title-2-maryland-rules-of-civil-procedure-circuit-court/chapter-400-discovery/rule-2-415-deposition-procedure https://govt.westlaw.com/mdc/Document/N626A10009CEA11DB9BCF9DAC28345A2A?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) tanya.bernstein Highlight tanya.bernstein Highlight

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6 Transcripts

Preparation

A court reporter or transcriptionist shall begin work on a transcript after receiving a written request and any deposit, if requested, and shall deliver the completed transcript to the Clerk or Register of Wills within the timeframe determined by contract, policy, or agreement.

A court reporter or transcriptionist may request a deposit not to exceed twenty-five percent (25%) or consistent with the terms of any transcription contract prior to preparing a transcript and need not provide a copy to the ordering party prior to full payment for the transcript.

The administrative judge for each circuit court shall develop protocols, in conjunction with the court administrator or clerk, for prioritizing the work of the court reporters in each circuit court, but transcripts requested for appeal should be given the highest priority. The Chief Judge of the District Court shall develop protocols for prioritizing the work of the court reporters for the District Court.

Pursuant to MD Rules 8-413 and 8-608, the Clerk is required to include the cost of transcript preparation in the materials transmitted to the appeals courts. In order to facilitate compliance with the Rules, the court reporter/transcriptionist shall deliver to the Clerk a cost sheet that identifies the costs associated with the preparation of the transcript. The cost sheet shall be delivered to the Clerk in the same manner and at the same time the transcript is produced (the cost sheet means a document indicating the total cost of the transcript).

Proceedings Overview

1. Pleadings.

To initiate a civil case, a party – the plaintiff – files a pleading called a complaint, to which the other party – the defendant – files a pleading called an answer. Additional legal documents, such as motions, are filed as the case proceeds towards trial. Maryland Rules lay out the procedures for filing such documents in a circuit court and the District Court.

To initiate a criminal case, a prosecutor files a charging document – such as an indictment of a grand jury or an information – that accuses the defendant of having committed a crime(s).

2. Grand Jury Proceeding.

The grand jury is an inheritance from the ancient Common Law of England. The grand jury decided whether there was sufficient evidence to warrant a trial of the facts in a felony and, so frequently stood as a barrier against royal persecution, it became regarded as an institution that secured the Monarch’s subjects against the oppression of unfounded prosecutions by the Crown. The grand jury system was carried over in the United States with a similar intent to provide protection against unfounded accusations by the State.

Although a grand jury can take cognizance of any criminal activity that comes to its attention, a prosecutor presents most cases. In Maryland, the State’s Attorney Office prosecutes most criminal offenses; however, the Office of the Attorney General prosecutes some crimes. As well, the Office of the State Prosecutor handles cases referred to that office because political or other considerations mitigate against a State’s Attorney doing so.

https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=22df75ce-3cbc-430a-b6b9-ac5ed4cbc147&config=00JAA0MjAwZTE0OC02ZmE4LTRmNjctOGZjNC00ZTNjOWZjMTE4ZjgKAFBvZENhdGFsb2dZs0lOCenyJAW02JUtiXy2&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A62PR-F031-DYB7-W063-00008-00&pdcontentcomponentid=234166&pdteaserkey=sr0&pditab=allpods&ecomp=vs65kkk&earg=sr0&prid=69706f0e-a01a-451e-82fe-8ec3cbed604b https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=50f19fec-7d0f-45dd-81b7-9c9a6833dfc0&config=00JAA0MjAwZTE0OC02ZmE4LTRmNjctOGZjNC00ZTNjOWZjMTE4ZjgKAFBvZENhdGFsb2dZs0lOCenyJAW02JUtiXy2&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A62PR-F031-DYB7-W072-00008-00&pdcontentcomponentid=234166&pdteaserkey=sr0&pditab=allpods&ecomp=vs65kkk&earg=sr0&prid=85e67fb8-e2ac-46ed-8313-76c82338309d

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Code, Courts and Judicial Proceedings Article, enables a court to appoint a reporter to take and transcribe testimony given before a grand jury for the exclusive use and benefit of the grand jury and prosecutor, unless the court orders otherwise. A criminal penalty of one year’s imprisonment or $1,000 fine, or both, is authorized for wrongful disclosure. If a court reporter is authorized by court order to act as grand jury reporter, the Clerk of Court will administer an oath, substantially as follows: “and that I will keep secret all matters and things occurring before said grand jury, except as to the [prosecutor], and I will not permit any person or persons to take a copy of the testimony or portions thereof, nor will I disclose the character of any of the contents to any person or persons, other than the grand jury, except on a written order of Court only made after hearing the [prosecutor].”

As a general rule, a grand jury is presented with only one side of the evidence, the State’s, on the basis of which the grand jury decides whether there is sufficient evidence to warrant returning a true bill, or indictment, against the accused.

An official reporter will be present in the grand jury room to preserve testimony. Hence, at all times while a witness is in the grand jury room, the proceedings are on the record.

Witnesses are called one at a time before the grand jury. Since a prosecutor may want testimony preserved to allow a later perjury indictment, a reporter must include verbatim the oath and swearing of the witness and his/her answer, so that no question as to the form of oath or the response arises.

The prosecutor normally questions the witness. Usually, after the prosecutor has completed examination of the witness, the grand jurors are allowed to ask questions, although the jurors may do so at any time. With no direct or cross-examination, Q and A is the simplest format for this part of the proceeding.

Between witnesses, there may be informal discussion among the jurors and prosecution. Unless otherwise specified, such discussion usually is not recorded, as it is not testimony. Some prosecutors require everything transpiring in a grand jury proceeding to be recorded and transcribed because the transcript provides a means of educating the assigned prosecuting attorney. Consideration should be given to making it mandatory to record everything said, not just to educate attorneys but to have a complete record.

After all of the testimony is completed and the grand jury is ready to commence its deliberations and vote, the official reporter should leave.

Due to the oath of secrecy, an official reporter must prepare the transcript, unless a transcriptionist is appointed and sworn under the same oath as the reporter.

A transcript is made solely for the benefit of the prosecutor and grand jury and, absent court order, is not to be provided to anyone else. Some public local laws expressly state that notes, and transcripts, of grand jury proceedings are to be retained in the custody of the prosecutor.

3. Interpreter.

On occasion, a juror, party or witness may need an interpreter(s). For example, even if a defendant speaks or understands some English, understanding all – not just some – of the testimony is critical. The court will appoint, as an officer(s) of the court, one or more

01/25/2023 Page 21 interpreters to interpret the on the record proceeding and the portion of the off the record proceeding in which the juror, party, or witness is entitled to participate.

A court must determine that a prospective interpreter is qualified, in the same manner that any expert witness is qualified. If so, the Clerk administers an oath calling for the interpreter to interpret faithfully and accurately.

Ideally, if counsel and the interpreter are experienced, questions will be asked, and answers given, in the first person, in which case the answers are set out normally. Unfortunately, this is not always the case. For example, an attorney will say, “Ask her who she works for,” and the interpreter will say, “She says she works for Mr. Jones.” This is the incorrect format for interpretation and should alert a judge to investigate further the qualifications of the interpreter, but an official reporter has no control over the questioning.

4. Hearing or Trial.

A. Colloquy.

Colloquy is conversation between anyone other than a witness and examining attorney. A typical court proceeding begins with colloquy between the judge and attorneys. In colloquy, the judge is always identified as “THE COURT”, while an attorney is identified by his or her name.

Whenever jurors are speaking or being spoken to, the format is colloquy. If a witness answers a question during colloquy, the response is colloquy.

B. Question and Answer.

Question and answer (Q and A) testimony is conversation between a witness and examining attorney. Whenever a witness is sworn, the questioning is set up as Q and A. Q and A must be a sequence.

C. Order of Proceeding.

Subject to reasonable control of a court over the mode and order of interrogating witnesses, the following order generally is followed until the prosecutor or plaintiff rests his/her case and the defendant rests his/her case:

• Voir Dire of Interpreter(s): The questioning (voir dire) of an interpreter to determine qualification as an expert witness.

• Interpreter Oath: Swearing of an interpreter as required by Maryland Rule 5-604.

• Jury Selection: The period during which prospective jurors are questioned (voir dire), challenged by counsel, and sworn. See Jury Voir Dire below.

• Opening Statement of Prosecutor/Plaintiff: An overview of what counsel expects witness(es) and exhibit(s) to prove.

• Opening Statement of Defense: A defense overview, occasionally reserved until the prosecutor/plaintiff rests.

• Prosecutor/Plaintiff’s Witness(es)/Exhibit(s):

01/25/2023 Page 22 o Direct Examination: The first questioning of a witness by the prosecutor/plaintiff.

o Exhibit: Material introduced as evidence, after laying of a proper foundation for introduction through testimony of a witness.

o Cross-Examination: The first questioning of a witness by the defense or any questioning of an “adverse” witness – a witness obviously hostile to the party’s interests, such as a defendant when called by a plaintiff.

o Redirect Examination: The questioning of a witness by the prosecutor/plaintiff, after…