Virginia Court Reporters Association
Spring 2015
Volume 14, Issue 1
Virginia
President’s Message
“MOVING FORWARD TOGETHER”
Inside this issue:
Scenes from Education Day
4
Certification is Critical
6
You Could Buy the Tsarnaev
Trial Transcript...
9
Taking a TRAIN Ride
11
The Court Rep;orters’s Guide 12
to Making the Record
Disorder in the Courts
16
Court Reporters in the News
17
Carolyn O’Connor Education 19
You Don’t Really use “SIC,” 20
do you?
Court Reporting and
Captioning Week
22
Board Meeting Minutes
24
Special points of interest:
 President’s Message
 2015 VCRA Ed Day See what you missed!
 Your new 2015 VCRA
Board
 Education Fund
Recipients
Education Day’s theme this year was “Moving Forward Together,” and it fit like hand in
glove. Once a year court reporters travel in a direction where we eventually converge
together at a single location to discuss what’s taking place in our industry, learn and
exchange ideas, attend workshops, network, catch up with friends and colleagues, honor
those who go above and beyond to serve fellow reporters, and we leave reinvigorated about
what it is we do and the value we bring to the legal system and the hearing- impaired
community.
We had a terrific line-up of speakers with a variety of interesting topics. Our keynote
speaker, L. Steve Emmert, Esq.’s presentation was on mandatory certification or licensure
for court reporters in the Commonwealth of Virginia, a subject of great interest to and a
potential consequence on our practice as we know it.
The Boyd-Graves Conference is an annual meeting whereby a group of attorneys, both
plaintiffs and defense who practice in varying fields, judges, and Supreme Court Justices
come together once a year to present reports on topics that have been suggested and
studied by steering committees. At the conference topics are voted on by majority, 51 to
49. They operate by consensus, so they have to have at least 70 percent of the members
voting in favor of a task.
In 2012, Mr. Emmert recommended a study of the regulation of court reporters be undertaken. On September 16, 2013, it was unanimously (one hundred percent) recommended
court reporting be regulated. This year, 2015, he was Chairman of the Boyd-Graves
Conference and as such has appointed a full committee to establish regulation and to make
representations before the Supreme Court.
He brought to our attention that regulation had been attempted on two prior
occasions; one in 1988 and again in 2006. However, this time the study
completed by the committee and the impact of that unanimous vote means that
lawyers on both sides of the aisle, judges, and Supreme Court Justices all
recommend regulation of the court reporting industry in one form or fashion. That speaks volumes and will carry great weight when presented for consideration to become legislation.
Page 2
Virginia Reporter
Volume 14, Issue 1
President’s Message (cont’d)
Mr. Emmert explained the rationale given for not passing regulation previously: Code of Virginia, Section 54.1-100, Regulations of professions and occupations. He received thunderous applause when he said, “By the way, I am here to let you
know I am one of the few lawyers that slows down when he reads,” and he went on to read the entire code.
But to summarize, based on Subsections 1 and 4, which puts a limitation on why and what industry should be regulated, the
previous attempts failed because the legislature determined they could not find deregulation of court reporters placed any risk
upon the public health, welfare, and safety. Also, they felt additional security was in place, based on the fact that court
reporting services were predominantly used by a highly specialized segment of the population, attorneys, and therefore, a
security was in place in the system as a means to protect the public. In other words, attorneys can be trusted to hire
competent, responsible court reporters. I’ll leave that to your judgment.
There will be challenges faced in trying to get certification or licensure passed, such as availability of reporters in rural areas
of Southwest Virginia or that shortages may occur for people who can’t meet the requirement of licensure, making the
argument that regulation would put a restraint on trade, which is looked upon seriously by the Court. There are arguments
on both sides of the table. However, the Boyd-Graves Conference decided by their vote that the scale was tilted heavily in
one direction and that bill, when presented, will get very close attention knowing that all sides vetted the issue carefully and
concluded that regulation is the appropriate thing to do.
And in conclusion, his opinion is the bill will get before the Supreme Court later this year and they will commence investigation and proceed to pass it or disapprove it. After that, if approved, changes may take up to six months.
The VCRA Certification Committee will keep the membership abreast of the progress of the bill and any legislation that may
be forthcoming.
2015 Education Day was chock full of events and the Board thanks everyone who came out and hope you were able to take
away valuable information and found the day rewarding and worthwhile. It was great to be able to attend the workshops, bid
on silent auction items, get goodies from the vendors, actually get to play a game and win a sizeable jackpot, and just spend
time with other reporters. We were pleasantly surprised and delighted to have eight students attend and even more ecstatic
to award two scholarships to deserving students!
The Board has decided, with your concurrence via survey, to have Education Day in 2016. In 2017, VCRA will be having a
jubilee year! We are planning a spectacular three-day conference to celebrate 50 years of being in existence!
It’s been a pleasure serving as VCRA President for a year, and I am looking forward to my second term as we continue
“Moving Forward Together.”
Lois Boyle, RMR
President of Virginia Court Reporters Association
Virginia Reporter
Volume 14, Issue 1
Page 3
VCRA graciously thanks the following vendors, sponsors, and
donors for participating in this year’s Education Day:
Pengad, Inc.
CourtReporter360.com
Session Sponsors:
Allen, Allen, Allen & Allen
Cook & Wiley Court Reporters
Hancock Daniel Johnson & Nagle
Zahn Court Reporting
Student Sponsor:
Amicus Reporting
Break Sponsors:
Anita B. Glover & Associates - Gold Level
Veracious Reporting - Gold Level
Crane-Snead & Associates Inc - Silver Level
Carol Naughton - Bronze Level
Cindy Knapp Reporting Services - Bronze Level
Halasz Reporting & Video - Bronze Level
Biggs & Fleet Court Reporters - Bronze Level
Heads or Tails Game:
Schneider & Associates
Silent Auction:
Anita B. Glover & Associates
Boyle Reporting & Captioning Services
David Kazzie, Esq.
Top Cat Steno
Stenograph
Premiere Jewelry
31 Bags
Cocoa Nouveau
Page 4
Virginia Reporter
Volume 14, Issue 1
Renewal Reminder
June 30, 2015, is our CCR and membership expiration date and it will be here before we know it!
Don’t let your CCR lapse; renew before the deadline. Avoid the extra cost of time and money to reapply
for your CCR to keep it current!
Not sure how many CEUs you have? Send me an email! Not sure if your membership is up to date?
Give me a call! Not sure when your three-year CEU term ends? Message me on Facebook!
Stay tuned and visit our website….ONLINE REGISTRATION will be coming soon!! In the
meantime, you may pay be check or email vcraexecutivedirector@gmail.com for a PayPal link.
Liz Phillips, Executive Director
Scenes from Education Day 2015
Virginia Reporter
Volume 14, Issue 1
Page 5
Scenes from Education Day 2015
VCRA 2015 EDUCATION DAY SPONSOR
Page 6
Virginia Reporter
Volume 14, Issue 1
Certification is Critical to Protecting and Promoting the Court Reporting Profession
By Adam Finkel
Barbers; cosmetologists; professional wrestlers; nail technicians; professional boxers; auctioneers; court reporters. One of these jobs certainly stands out from the others in terms of importance in the administration of civic life as we know it: court reporting. However, of
those jobs that are listed above, it is the only one that does not require a license to practice in the state of Virginia. Certainly, all of the
above are noble occupations that require skills and training, but court reporters serve an integral role in ensuring that a verbatim transcript
is created for all legal proceedings.
Court reporter certification allows judges, attorneys, legal professionals, and the public to know that the court reporter that is practicing in
their legal proceeding is well-trained, professional, and up-to-date on current legal issues, state rules of civil and criminal procedure, and
the latest court reporting technologies. Court reporter certification also prevents individuals who do not go through the same rigorous
academic and skills training as court reporters from placing a tape recorder in the middle of a table during a deposition and identifying
themselves as the “court reporter.”
I have spoken with court reporters around the country on the issue of court reporter certification. Generally, internal opposition to court
reporter certification from court reporters falls into one of two reasons:
There are quality court reporters who are simply poor test takers and have been unable to get their RPRs.
It does not make sense to have the government involved in the court reporting profession.
To address the first point, state legislatures never want to pursue legislation that will put high quality, ethical, and working reporters out of
jobs. For this reason, court reporter certification legislation is drafted with safeguards for working reporters in place. For example, a state
may court reporters a “grandfather clause” which means that the court reporter can keep that license permanently provided they meet the
continuing education requirements and maintain their certification or license with the state board. Another option is to provide a grace
period for individuals to pass the certification exam. If someone still has been unable to pass after the grace period ends, the individual
can apply for an extension that will be granted provided the individual can prove that he or she is taking the test and obtaining continuing
education.
As to government involvement in court reporting, the court system is one of the most important functions that a state must oversee.
Judges, attorneys, and other legal professionals all have various certification and continuing education requirements. Court reporters are
just as important as all of these professionals in ensuring that all individuals in a courtroom are given a fair and unbiased trial. Several
words on an official court record can mean the difference between an acquittal and life in prison. The government giving a public stamp
of approval to a court reporter through a license or certificate provides proof to the public that court reporting is critical to the operation
of the state judicial system and raises the quality of the individuals involved in the procession.
Right now, 28 states have some sort of mandatory court reporter certification. There are several others that are actively pursuing the matter because they recognize the importance of a standard for court reporters. I want to commend the Virginia Court Reporters Association
for being so active in pursuing this with groups like the Virginia Bar Association’s Boyd-Graves Conference and the Administration of
the Courts.
Court reporters work hard to develop the requisite and necessary skills to be able to write highly accurately at speeds that exceed 225
words per minute. By recognizing the importance of those skills and promoting them to the public, opportunities for court reporters will
only expand over the coming decades.
Adam Finkel serves as the Director of Government Relations at the National Court Reporters Association.
He can be reached at afinkel@ncra.org.
Virginia Reporter
Volume 14, Issue 1
Page 7
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Virginia Reporter
Volume 14, Issue 1
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From the Executive Director
After far too long,
I think it’s safe to say
spring has finally sprung! In
recent months, snow had become a 4-letter word in my
household, but the days are
finally longer and the trees are
in bloom. Ah, gorgeous
weather has returned!
Education Day 2015 is in
the rear-view mirror, but to
those who attended I want to
say, Thank you! The day flew
by and my only regret is that I
didn’t have enough time to
speak with each one of you.
It’s always such a treat for me
to attach a face to a familiar
name.
We said good-bye to board
members Karen Itagliato and
Charita Rodgers who have both
been such assets to our board.
It just figures Karen steps
down when I finally have
learned to spell her name
correctly! At the town hall
business meeting we added two
new board members, Melissa
McDaniels and Morgan Zell. I
look forward to having them
on our very active board.
June beings our annual
membership drive. I hope that
online registration will be up
and running for your
convenience. Of course, there
are always hiccups and glitches
in the beginning of anything,
but I do think that online
registration will make joining
and renewing an easy and timesaving process for everyone. I
look forward to hearing your
feedback!
Liz Phillips
Virginia Reporter
Volume 14, Issue 1
Page 9
You Could Buy the Tsarnaev Trial Transcript. Or You Could Buy a Range Rover
By Hilary Sargent @lilsarg
Boston.com Staff | 03.10.15 | 3:16 PM
You might think that since cameras are banned in federal courtrooms, it would at least be relatively easy to obtain a daily
transcript of a trial. You would be wrong. Well, unless you’re made of money. In which case, get ready to spend a bunch of it. To
obtain transcripts from only the first three days of the Dzhokhar Tsarnaev trial, you will need to fork over approximately $1,600,
according to a price quoted by Marcia Patrisso, the court reporter responsible for the trial.
The anticipated price tag for the United States vs. Dzhokhar Tsarnaev trial transcript is mind-boggling. Patrisso offered a
“rough estimate” of the cost to obtain the transcript, based on the estimated length of the trial. Her estimate is based on the fastest
transcript turnaround.
• Estimated 68 days
• Roughly 5.5 hours per day
• Approximately 225 transcript pages per day
• That’s somewhere in the neighborhood of 15,300 pages.
• Total projected cost: $92,565
(If you need a visual, 15,300 pages of printer paper would stand approximately 4 feet 9 inches tall.)
The price could drop, depending on whether or not the transcripts are purchased by others. The first purchaser of a rush
transcript pays a higher rate ($6.05 per page) than subsequent buyers ($1.20 per page). By comparison, trial transcripts in
Massachusetts state courts are slightly more affordable, with a per-page rate of $4.50 for a rush transcript.
The federal government isn’t collecting the money. Payments for transcripts go directly to the court reporters, though the
per-page rates are set by the federal government. The federal courts employ court reporters, but they are then paid on a two-tier
system. In Boston, federal court reporters’ base pay ranges from $81,131 to $98,198 annually. On top of that base salary paid by the
federal government, court reporters receive direct payments from anyone wanting to get their hands on a federal court transcript.
(Court reporters also pay for all their own software and equipment.)
The National Court Reporters Association, a group representing (and lobbying on behalf of) court reporters, encourages its
members to push “daily copy” transcripts in an article on its website. The NCRA makes the case that expensive transcripts can be
“sold” to trial lawyers by making the case that having the transcript sooner (at a higher rate) is beneficial, not just for the court
reporter, but for the attorney purchasing the transcript as well. In other words, law firms can afford it because of the payout they’ll be
getting at the end of a trial.
But not everyone who wants access to trial transcripts is a lawyer with deep pockets. Say you’re a citizen who wants to
follow the Tsarnaev trial and prefers not to rely on tweets or media reports. Or say you’re a reporter who wants to accurately quote a
witness? Brandon Gee, senior reporter for Massachusetts Lawyers Weekly, said his media organization hasn’t sought any transcripts
yet in the Tsarnaev trial, and that cost is “definitely a hurdle.” “Would absolutely take advantage of transcripts, were they more
readily available. Frequently I want to get my hands on transcripts. Often I’m able to find it another way, for instance if it was
attached as a motion in a case,” Gee said.
Brian Carver is an assistant professor at UC Berkeley and co-founder of the Free Law Project, a nonprofit trying to make
court documents more accessible to the public. “The public has a right to access the courts to ensure that they are functioning
properly, especially in a criminal trial and especially in a high profile case like this one,” Carver said. “There should not be this many
obstacles to the public or the press getting access to information about the trial. I think the court has the obligation to make
transcripts more easily available and less expensive.”
If you’re not made of money, but still want a daily view of the trial, your best bet is to wake up early enough to score one of
the few spectator seats. You can spend the chilly mornings standing outside Moakley Courthouse in the cold pondering why you
didn’t decide to become a court reporter. It’s probably because you can’t type 225 words per minute.
Page 10
Virginia Reporter
Frank Tayloe Award Recipient:
Michele Eddy
Pro Bono Award Recipient:
Donna Linton
Volume 14, Issue 1
Virginia Reporter
Volume 14, Issue 1
Page 11
Taking a TRAIN Ride for the Start of the Holiday Season
by Donna L Linton, RMR-CCR-CLR
Since I got started with my first wireless router after attending VCRA’s August TRAIN session, I wanted to see if anyone else
wanted to get on board with me for another ride. After nailing down some dates with Michele Eddy, I sent out a quick email to fellow
neighboring reporters to inquire of their interest and availability, and we had Dawn, Mary , Bobbi Fisher, Theresa and I, with one lastminute cancelation. Though Terri thought, despite moving on Wednesday, she could fit it in! Now there is a Little Engine that thought
she could. What spirit!
We all had varying experience with realtime, whether writing to ourselves or trying all different kinds of wires, routers or
Internet connections. All enjoyed a light lunch at the comfort of the dining room table and learned from Michele Eddy’s training and
figured out some things about connections, or lack thereof, while even talking about it and hashing it out.
Since I went wireless for Sunday church services in October, it has been the best thing to me since losing carbon paper to the
invention of the Xerox machine. Gone are the wires and gone are all those connection problems, comports to worry about and constant
rebooting. Michele says clients are much more satisfied to have you hand them an iPad or Netbook ready to go without all those issues,
too, and it’s a time saver. Even if you do it for yourself in court to easily move from testimony to bench conference, you won’t regret it.
Start 2015 off right and go for a ride you will enjoy!
Here are some shared thoughts from those who participated:
“As modern-day reporters, we not only must keep abreast of how to make an accurate record, but also how important keeping
up with technology is. TRAIN provided me with the ground floor knowledge for how to build my real-time technology skills. Though
many, many reporters may be afraid of getting involved in technology, it is vital that all of us as reporters have an understanding of
even the basics regarding the equipment we will need to use to perform real-time as well as how to troubleshoot the technology if it fails
us on the job.” Bobbi J. Fisher, RPR
“I think there was good participation from everyone present. I feel that is due in large part to the casual, intimate setting and the
smaller group. It wasn't intimidating to ask questions and get clarifications on topics discussed.” Mary
“Donna, our host, was wonderful -- great at making introductions with other reporters. Michele Eddy, our trainer, very
knowledgeable of the latest technology, and also very patient in explaining everything to us. A true professional in every respect! I greatly
appreciate the VCRA TRAIN program. It's sometimes a very long road to get up and running with the new technology, but we're all one
step closer thanks to this program.” Dawn
“The thing that stands out most for me from the TRAIN seminar was learning how realtime has been simplified with advances
in technology like WIFI. Not having to deal with cords is amazing.” Theresa
Page 12
Virginia Reporter
Volume 14, Issue 1
THE COURT REPORTER’S GUIDE TO MAKING
THE RECORD:
A Resource for the Legal Professional
Kathy Zebert, BS, RPR, CCR
An accurate record is the most important component of the legal case, as it is the only written record of the case from
beginning to end. Whether you are using a transcript of proceedings for discovery, for direct or cross-examination in trial, or for
appellate review, it is crucial that the transcript reflects exactly what transpired during the proceeding.
Court reporters are trained professionals, who are skilled in taking down the spoken word of multiple speakers, in all
types of proceedings, with varying and infinite subject matter. This training makes them an invaluable part of the legal team. As of
2014, there are two types of court reporters: Machine or stenographic reporters, and Voice/Mask reporters. Regardless of the
method used, however, the task of taking down an accurate record is very complex. The purpose of this guide is to facilitate the process
of making a clear, concise and accurate record, and it is written from the court reporter’s point of view. It is intended as a resource
guide for the legal professional, both inside and outside the courtroom.
First and foremost, when a court reporter enters a room, most have very limited information about a case. In
depositions, the reporter may have only a notice, with the case caption, attorney and witness names. In court, any knowledge about the
case may be limited to what shows up on the docket, which is sometimes only available on a board outside the courtroom. In
these instances, it is extremely helpful to provide that information to the reporter prior to the beginning of the proceedings.
Outlined below are some important things to remember when taking testimony, along with some examples of what you
may see in a transcript resulting from undesirable circumstances.
1.
BEGIN SLOWLY. At the beginning of any proceeding, whether stating stipulations or citing the case caption, it is
important to speak slowly. Remember that the reporter is just getting started, similar to a runner warming up prior to a marathon.
2.
ONE AT A TIME, PLEASE. Court reporters are trained to do many things, but it is humanly impossible to either hear or
take down two people talking simultaneously. It is quite natural to think of questions and answers as normal conversation. Please keep
in mind, however, that not only is the reporter required to take down what is said, but also whether it was a question, answer or
colloquy, in addition to identifying the speaker. Here are some examples of what you might see in a transcript in the event of
simultaneous, conversational situations:
Q.
What color is –
A.
Red.
Q.
-- your car?
MR. SMITH: Objection to – A.
I --
MR. SMITH: -- form and foundation.
THE COURT: Overruled.
3.
READ SLOWLY.
This is the most difficult thing for the legal professional to think about. When reading from
material, most people read much faster than they would normally talk, simply because the words are in front of us and we don’t
have to think about them before we say them. Most court reporters are not trained to write at speeds above 225 words per minute
for any sustainable period of time, and the average conversational speed is approximately 180 words per minute. Reading speeds
are oftentimes in excess of 250 words per minute.
4.
VERBALIZE EVERYTHING. Although it is common, in everyday conversation, to use hand gestures, make noises, shrug
shoulders, nod or shake heads, these things do not make a clear record for anyone who may be reading the transcript at a later time.
Virginia Reporter
Volume 14, Issue 1
Page 13
Here are some examples of what you might see in a transcript when no verbal response is given.
Q.
Are you sure you don’t remember? A.
(Witness nods head.)
Q.
About where on your arm did you break it? A.
Q.
Tell me what you remember about the accident.
A.
I was just sitting there, and all of a sudden, (descriptive sound).
About right here (indicating.)
5.
ALL PARTICIPANTS SHOULD FACE THE REPORTER. It is imperative that the reporter hear everyone in the room.
This becomes extremely difficult when parties turn their back to the reporter, or when a questioner moves about the courtroom, facing
the jurors or during a bench conference/sidebar, or during the impaneling of a jury pool. There should be no obstacle between the
reporter and the speaker.
6.
ALLOW LIMITED DISTRACTIONS.
The taking down of an accurate record requires extreme concentration on the part
of the reporter. In this regard, it is important for everyone in the room to remember to turn all cell phones to silent. Even when set to
vibrate and left on a table, the vibration is a distraction. Reading the newspaper, typing on a computer, even conversation outside the
room, etc., put the reporter in the difficult position of having to hear over those distractions. Please remember, reporters are
trained listeners, and as such, hear more sensitively than others.
7.
SPEAK CLEARLY AND WITHOUT OBSTRUCTION. Mumbling, trailing off of words and speaking with the hands
over the mouth make hearing the words more difficult. If you are uncertain of a witness’ response, it is unlikely that the response
was clear to the reporter. Please consider this an opportunity to clarify the response for the reporter, to ensure an accurate record.
8.
TAKE ADEQUATE BREAKS. Court reporters are silent listeners in the room, and as a result, it is easy to forget that
they are physically and mentally working constantly. The reporter values your desire to make the best use of your time in
a proceeding, and while the reporter may not ask for a break, he/she very much appreciates taking a break at least
EVERY TWO HOURS. This allows the reporter the opportunity to continue the level of concentration and physical stamina
required for a long day of proceedings.
9.
PROVIDE SPELLINGS OF PROPER NAMES AND CASE CITATIONS.
As previously stated, the reporter usually has
no prior knowledge of case-specific company names, case citations, witness names, or any other proper names in your case. These are
names you probably already have gleaned from your initial discovery process. The reporter can provide a much more accurate
transcript when spellings are provided either ahead of time or during the proceeding. Here is an example of what you might see in a
transcript when the correct spelling cannot be confirmed.
Q.
What was the name of your accountant? A.
Shanagowski (phonetic).
10.
IDENTIFY MULTIPLE SPEAKERS IN A ROOM. When impaneling a jury, be sure to identify each juror by name or
number, and be certain that the potential juror can be heard and seen by the reporter. This ensures an accurate record in the event a
transcript of the voir dire proceedings is required as a part of an appeal.
In the event of a multiparty deposition or hearing or arbitration, when several participants will be speaking, it is difficult
for the reporter to identify each party as they speak. Under these circumstances, it is important to each party be identified prior to
speaking, and it is crucial for each party to speak one at a time.
Page 14
Virginia Reporter
Volume 14, Issue 1
11.
ALLOW FOR ELECTRONIC INTERFERENCE IN TELEPHONIC OR VIDEOCONFERENCES. When
appearing by telephonic or videoconference, there are almost always time lags or cutting out of phone lines. Please allow for
these interferences when speaking and allow the reporter to interrupt the proceedings, if necessary. It is helpful to instruct the
witness to allow a few seconds for the complete transmission of the question prior to answering the question.
12.
PROVIDE A COPY OF DOCUMENTS READ FROM BUT NOT ADMITTED. When quoting material, it is helpful
for the reporter to have access to that material, especially if the material will not be entered into the record as an exhibit. The reporter wants to be certain that the appropriate punctuation, spellings, citations appear in the transcript exactly as they were read into
the record.
13.
PAUSE FOR MARKING OF EXHIBITS.
If the reporter is required to mark exhibits, he/she cannot do so while
taking down testimony. Please look to the reporter for confirmation that the marking of exhibits has been completed and he/she is
ready to resume taking testimony.
14.
INTERPRETED PROCEEDINGS. If any party requires an interpreter, please be certain to speak as if conducting a normal
question-and-answer session, addressing the interpreter as if he/she is the witness, and instructing the witness to answer through the
interpreter. The following are examples of how to get the most accurate transcript in an interpreted proceeding:
Incorrect: MR. SMITH: Can you ask him what he thinks happened?
Correct: Q. What do you think happened?
Incorrect: THE INTERPRETER: He said he doesn’t know. Correct: I don’t know.
Incorrect: A. (In English) I don’t know.
Correct, through the interpreter: A. I don’t know.
Following the basic steps outlined above will allow for a smooth process, precluding the necessity on the part of the reporter to
interrupt the proceedings for clarification. As a part of the team of legal professionals, the court reporter’s responsibility is to guard
the record, and it is a responsibility that is taken very seriously. It is the hope that this guide will create a bridge of understanding between the reporter and the other members of the legal team, all of whom serve the needs of those who seek justice.
Virginia Reporter
Volume 14, Issue 1
VCRA 2015 EDUCATION DAY SPONSOR
Page 15
Page 16
Virginia Reporter
Volume 14, Issue 1
Disorder in the Courts
These are from a book called Disorder in the Courts and are things people actually said in court, word for word, taken down and
published by court reporters that had the torment of staying calm while the exchanges were taking place.
...
ATTORNEY: What was the first thing your husband said to you that morning?
WITNESS: He said, 'Where am I, Cathy?'
ATTORNEY: And why did that upset you?
WITNESS: My name is Susan!
_______________________________
ATTORNEY: What gear were you in at the moment of the impact?
WITNESS: Gucci sweats and Reeboks.
____________________________________________
ATTORNEY: Are you sexually active?
WITNESS: No, I just lie there.
____________________________________________
ATTORNEY: What is your date of birth?
WITNESS: July 18th.
ATTORNEY: What year?
WITNESS: Every year.
_____________________________________
ATTORNEY: How old is your son, the one living with you?
WITNESS: Thirty-eight or thirty-five, I can't remember which.
ATTORNEY: How long has he lived with you?
WITNESS: Forty-five years.
_________________________________
ATTORNEY: This myasthenia gravis, does it affect your memory at all?
WITNESS: Yes.
ATTORNEY: And in what ways does it affect your memory?
WITNESS: I forget..
ATTORNEY: You forget? Can you give us an example of something you forgot?
___________________________________________
ATTORNEY: Now doctor, isn't it true that when a person dies in his sleep, he doesn't know about it until the next morning?
WITNESS: Did you actually pass the bar exam?
____________________________________
Virginia Reporter
Volume 14, Issue 1
Page 17
COURT REPORTERS IN THE NEWS
March Madness Goes “Cattywampus”
How about those Wisconsin Badgers!! I’m sure you’ve heard about Nigel Hayes, a forward for the Badgers, challenging the
stenographer in Omaha after a playoff game. Would you have had those words in your dictionary? Do you now?
Here is how the press conference started:
“Q. Nigel, obviously if you look just statistically, you've taken quite a leap in the 3-point shooting, to whatever, and in other
areas. Can you describe just the steps you took to kind of, you know, raise those parts of your game?
NIGEL HAYES: Hello, it works now. Before I answer that question, I would like to say a few words: cattywampus, onomatopoeia
and antidisestablishmentarianism. (Laughs). Now, back to your question. It was just a lot of hard work, teammates giving me great
confidence, and when you play with players that are very unselfish like the two next to me who also give you that confidence and involve the team, it's a lot easier to get things done.”
Later a reporter followed up seeking clarification on what Hayes was trying to accomplish.
“Q. Why did you start off saying those things and then I have to follow-up.
NIGEL HAYES: Well, the wonderful young lady over there, I think her job title is a stenographer, yes, OK. And she does an amazing
job of typing words, sometimes if words are not in her dictionary, maybe if I say soliloquy right now, she may have to work a little bit
harder to type that word, or quandary, zephyr, Xylophone, things like that, that make her job really interesting.”
And finally there was this:
“Q. Just curious about your vocabulary. Are these words like you looked up or is this just a thing for you? Not that you
didn't know, I'm just saying like you had a list ready to go.
NIGEL HAYES: No, I actually like words. It started from a younger age when my stepfather would tell me to read a lot of things, and
I would read words and I would not know what it means, and then once I learned and I tried to read more words. Then it's just fun to
know words, and you can say certain words that put people in a quandary, and they don't know what you're talking about. And it
makes for more fun, I guess. I'm sorry for my usage of words. I didn't mean to make your job any more difficult!”
And as Tweeted by @BadgerMbb:
“But seriously - have you ever seen the magical powers of a stenographer?”
Reference: Yahoo! Sports Submitted by Carol Naughton
Page 18
Virginia Reporter
Volume 14, Issue 1
Carolyn O’Connor Education Fund Recipients
Submitted by Leslie Etheredge and Carol Naughton
It is with great pleasure that the VCRA announces the recipients of the 2015 Carolyn O’Connor Education Fund scholarship.
This year we had two well-deserving recipients, Michelle Smith of Stafford, Virginia, and Veronica Walker of Arlington, Texas. Both
have demonstrated a passion and commitment to their court reporting education, and we wish them the best as they strive to conquer
the higher speeds in school and passing their certification exams.
Below is the essay submitted by Veronica Walker.
Essay Question: How do you see your court reporting career enhancing your life?
“I see my court reporting career enhancing my life on a daily basis in many different ways. I am a person who enjoys helping others,
and I find fulfillment doing so. During my scholastic career, my eyes have been opened to the myriad of possibilities on how I can
assist others with my stenographic skills. I see the potential for using my stenographic skills as a CART provider in the colleges and
universities for visually- and hearing-impaired persons. This gives the impaired student an opportunity to learn. I have seen the need
for stenographic services in closed-captioning. During periods of severe weather, this helps people find safety. During an entertaining
movie, this helps people see the humor. I look forward to the time when I can use my newly acquired skills as a court reporter in the
deposition suite to make an accurate record for trials. This will expand my education on a wide variety of subjects for my own personal knowledge. Finally, I look forward to my dream job of being an official court reporter in a criminal district court and using my
skills as a “Keeper of the Record” to accurately record proceedings and see criminals brought to justice.
“Since I enjoy helping other people, the knowledge and skills of being a court reporter will enable me to uniquely serve my fellow man.
As a student, I have taken my machine to church in order to practice to the sermons during service I look forward to the time when I
can do this at annual conventions in real-time for the benefit of the attendees.
“Most importantly, being a court reporter will enhance my life by allowing me to provide for my family. I look forward to having a
career that can change according to the needs in my life. If I need to work harder for some special items, such as major repairs on the
house or my son’s college tuition, the opportunity is there. If I want to spend extra time with the family, that opportunity is also
available. It is very gratifying to know that I can also care for my parents just as they
have cared for me. I know the demand is great for court reporters, and I need not fear
that my chosen profession will be eliminated in favor of electronic recording.”
Do You Know a Student?
Are you a student or do you
know a student who has been
actively engaged in the study of
court reporting, either in a
traditional school setting or
through an online program,
who has completed one semester of schooling and is currently registered in a court
reporting program?
There are other qualifications
as well. The student is
required to pass at least one of
their court reporting
program’s tests at a minimum
of 160 words per minute and
must be a current member of
VCRA.
VCRA is proud to offer the
Carolyn M. O’Connor
Education Fund (COEF).
Carolyn was the consummate
professional. She attained her
Certificate of Merit early in her
career and then later also
became a Certified Realtime
Reporter.
Carolyn loved the court
reporting profession, and she
was highly respected by clients
and colleagues alike.
This Fund was set up to honor
her memory and the
contributions she made to the
field of court reporting.
If you are interested in
applying for COEF, the
application is available on our
website at VCRA.net. .
Leslie Etheredge, RPR, RMR
Virginia Reporter
Volume 14, Issue 1
Page 19
YOU DON’T REALLY USE “SIC,” DO YOU?
What if the court reporter who reported Martin Luther King's speech in 1963 used "sic" every time the reporter felt Dr. King erred in
what he said? Or John F. Kennedy's inaugural address? Or Ronald Reagan's shuttle "Challenger" disaster address? It's possible the court
reporter had access to the written speech while preparing the transcript and could easily see what was said was not what was written, but
the court reporter would print what was said. If the accuracy of the transcript is later questioned, then the accuracy could easily be
verified by listening to the audio. It is not up to the reporter to second-guess the individual speaking.
If a news reporter is copying a portion of a speech and inserting it into an article, and, while doing so, comes across an obvious
grammatical error, the news reporter would use "sic" to indicate he is quoting the passage correctly. However, if a court reporter is
reporting verbatim what was said during the speech, the court reporter would print verbatim what was said. The reporter is
memorializing the words of the speech, not quoting from written text.
The Gregg Reference Manual, in "Insertions in Quoted Material," tells us: "When the original wording contains a misspelling, a
grammatical error, or a confusing expression of thought, insert the term 'sic' in brackets to indicate that the error existed in the original
material." Note the title is "Insertions in Quoted Material." The court reporter is not quoting; the court reporter is memorializing the
spoken word.
Lillian Morson's English Guide for Court Reporters, in "Time Out to Get Sic," sums up by stating: "In effect, the person who reproduces
the quoted passage is saying, 'I found this error as you see it. I did not create it. I am only rewriting what someone else wrote." The
court reporter is writing what someone said, not what someone wrote.
I have seen some reporters use "as read" when a speaker is quoting, say, from a case during argument. I like the phrase. It's clear, and it
puts the reader on notice that the quotation may not be accurate: "And I quote, 'the man is wrong in his assumptions.'" (as read) -- but if
the speaker says "Mr. Scott" when he should have said "Mr. Brown," it is not up to the reporter to call attention to the error. It is up to
the parties and/or counsel to bring the inaccuracy to the attention of the Court for correction of the record.
If the reporter transcribed the spoken words accurately but counsel believe the record needs correction, Rule 4:7(d) of the Rules of
Supreme Court of Virginia, Effect of Errors and Irregularities in Depositions, gives us guidance: “Errors and irregularities in the manner
in which the testimony is transcribed or the deposition is prepared . . . are waived unless a motion to suppress the deposition or some part
thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.” Rules 5:11(d) and
(g) govern correction of the transcript and give guidance of notice and procedure in making corrections “the trial judge deems necessary”
or “to include any accurate additions to make the record complete.”
The court reporter is creating a record of what was said. If the speaker misquotes written material, “sic” is appropriate to notify the
reader the quotation is inaccurate. If the speaker misspeaks, the court reporter reports and transcribes the spoken word, with no
additional editorial insertions by the reporter.
Don Scott, April 2015
Page 20
Virginia Reporter
Volume 14, Issue 1
VCRA 2015 EDUCATION DAY SPONSOR
Virginia Reporter
Volume 14, Issue 1
President
Lois Boyle, RPR, RMR
Immediate Past President
Bobbi Case, RPR, CCR
Vice President
Carol Naughton, RPR, CCR
Treasurer
Rachel Cramer, CCR
Secretary
Leslie Etheredge, RPR, RMR
Directors
Tony Spratley, CCR
Yulonda Miller, CCR
Don Scott, CVR-CM-M, HM, CCR
Anita Glover, CVR-CM-M, HM, CCR
Angela Sidener, CCR
Robin Delloro, RPR
Melissa McDaniel, RPR
Student Liaison
Morgan Zell
Executive Director
Liz Phillips
Page 21
Page 22
Virginia Reporter
Volume 14, Issue 1
COURT REPORTING AND CAPTIONING WEEK
February 15th to the 21st, 2015
In order to promote National Court Reporting and Captioning Week, THE HAMPTON ROADS SHOW featured Lois Boyle, Tony
Spratley, and Carol Naughton in Chris Reckling’s “Reck On The Road” segment of the show. Also interviewed was Don Doherty of the
Virginia Beach Chapter of the Hearing Loss Association of America, who spoke about the importance of captioning to him and other
folks with a hearing-loss disability.
.
Chris did a great job of summarizing the different aspects of our fascinating career and brought attention to the national movement to
bring recognition to our field.
You can access information to pass along to prospective students at www.crtakenote.com
And If you missed seeing the segment, you can still watch it at:
http://wavy.com/2015/02/17/reck-on-the-road-court-reporters/
Submitted by Carol Naughton
Virginia Reporter
Volume 14, Issue 1
VCRA Gift Shop
Clear Travel Bag $8
Large Tote Bag $40
Umbrella $15
Travel Laptop Tray $15
Hot/Cold Tumbler $15
Polo Shirt $25 (mens and ladies s-xxl)
Portfolio $10
USB case $7
Laptop Sleeve $12
CCR Decal $2
Email VCRAEXECUTIVEDIRECTOR@GMAIL.COM to order!
Page 23
Virginia Reporter
Volume 14, Issue 1
Page 24
MEETING MINUTES
December 6, 2014
VIRGINIA COURT REPORTERS ASSOCIATION
BOARD OF DIRECTORS MEETING
Richmond Library
5420 Patterson Avenue
Richmond, Virginia 23226
10:00 a.m.
Members present:
Lois Boyle, RMR, President
Rachel Cramer, CCR, Treasurer
Leslie Etheredge, RMR, Secretary
Anita Glover, CVR-CM-M, HM, CCR, Director
Yulonda Miller, CCR, Director
Don Scott, CVR-CM-M, CCR, Director
Angela Sidener, CCR, Director
Tony Spratley, CCR, Director
Charita Rogers, Student Liaison
Liz Phillips, Executive Director
Not present:
Carol Naughton, RPR, Vice President
Bobbi Case, RPR, CCR, Immediate Past President
Robin Delloro, RPR, Director
Karen Intagliato, CCR, Director
A quorum was present at the time of the roll
CALL TO ORDER: The meeting was called to order by Lois Boyle, President, at 10:25 a.m.
APPROVAL OF VCRA BOARD MEETING MINUTES, September 13, 2014
Leslie reported the deadline date and notification date were incorrect for COEF. The new application deadline is January 15th and the
new notification date is February 1st
Rachel made a motion for approval of the September minutes. Leslie seconded. Motion carried.
The minutes were approved with the modification
TREASURER'S REPORT:
Rachel Cramer reports the assets of the board as follows:
Total assets reported are $24,232.08.
($9,889.94 in the operating account, $13,341.41 in the
non-operating account and $1,000.73 in the Education Fund account)
The operating and non-operating accounts have now been moved to Monarch Bank. Rachel is currently exploring money market
accounts.
Yulonda made a motion to accept the Treasurer’s Report. Don seconded the motion. Motion carried.
Reports of Committee Chairpersons
Membership – Tony Spratley
Presently there are 119 members. People want more social events and networking opportunities. We will have a reporter holiday social
get-together. Details will be sent out to the membership soon.
Pro Bono – Rachel Cramer
Rachel reports she is working on draft pro bono guidelines and hopes to be able to send it to the Board by the end of January with final
approval by February 28th. An announcement then will be made on Education Day.
Brief Banks
Lois read Robin’s report. Robin received only two responses from her last e-mail request looking for briefs on geographical area names
within the state. Robin will continue with the Briefs Bank.
Merchandise – Yulonda Miller
Yulonda reports we are well stocked with merchandise for Education Day and no items need to be ordered
Carolyn O’Connor Education Fund – Leslie Etheredge
Leslie reports the committee has contacted NCRA and they will announce COEF on their website. The COEF Committee will also put
an announcement in the December 15th newsletter.
Certification – Lois Boyle
The Certification Committee continues to work with the Boyd-Graves Steering Committee on certification. L. Steven Emmert, the Boyd
-Graves conference chairman, is our keynote speaker for Education Day.
Education Day – Angela Sidener
Angela reports we still need a theme for Education Day.
She is in the process of having all tasks assigned for Education Day (introducing speakers, helping with raffles, punching cards,
coordinating membership registrations).
TRAIN
Lois has volunteered to be the TRAIN Committee chair. She reports there was a TRAIN workshop held on August 23, 2014 in
Richmond.
OLD BUSINESS
Newsletters
The deadline is December 15, 2014. Board members are requested to please submit an article. If you have not submitted your “Get to
Know Me” article, this would be the perfect time to do so.
Lois will oversee the Ask the Board column.
Lois introduced the idea of having an Amazon link on our website as a potential source of income.
Angela made a motion that VCRA become an affiliate of Amazon.com, provided there is no fee involved. Don seconded the motion.
The motion carried.
Membership Directory Update Revision
Pursuant to our Bylaws, the directory does need to contain the reporter’s designations. There have been requests that the directory be
broken down into the different regions of the state. Bobbi and Liz are currently working on the 6-month update for the directory.
NEW BUSINESS
Board Officers for 2015/2016
Karen Intagliato is leaving the Board in March 2015.
Charita Rogers is unsure if she will remain on the board as student liaison. She would like to continue to serve on the Board, as long as
she is still in Virginia.
The remaining 11 Board members would like to continue to serve in their current roles on the Board
Realtime Bootcamp – Lois Boyle
Discussion is being tabled until the March 2015 meeting
Education Day – March 14, 2015
A brochure will be mailed out on January 16, 2015
In exchange of VCRA providing our membership list to NCRA, they have donated two items to us. One item is a one-year NCRA
membership and the other item is a NCRA webinar.
Early Registration
Early registration cut-off is now January 16, 2015. There will be a $25 discount and also one free raffle ticket for a one-year NCRA
membership.
Rachel made the motion to approve. Tony seconded the motion. The motion carried.
Vendors
It was agreed the fee for a table for the CAT vendors at Education Day would be $300.
Initiative to build membership
Discussion is being tabled until the March 2015 meeting
Speaker Lineup
Kathy Zebert
Lois previously sent out topic presentations. Rachel made a motion that we choose To Interrupt or Not To Interrupt. Angela seconded
the motion. The motion carried.
Amy Sikora
Amy Sikora has volunteered to present Briefs at Breakfast on Education Day. Lois informed the Board of Amy's offer. It was
discussed that the members have always enjoyed Amy's presentations at previous Education Days. Amy will not charge a fee to VCRA,
so the Board agreed this would be a benefit to the members and we would welcome Amy as a speaker
Lois passed out two handouts regarding the starting time of the convention and the order of speakers. We chose to begin at 7:00 a.m.
and end at 5:30 p.m. We chose the speaker lineup as is reflected in the event schedule and also voted on the food selections.
The arrangements for other speakers for Education Day have previously been made. Liz does need to contact the speakers and get
commitment letters signed. We also need to confirm the AV needs of each speaker.
Fundraising
Raffles
Lois introduced the Heads or Tails game to the Board. We played one practice round. Heads or Tails will be played at Education Day
and the proceeds will go towards future TRAIN workshops.
There will be a raffle for the NCRA webinar. One ticket for $2.00 and three tickets for $ 5.00.
50/50 raffle will be one ticket for $1.00 and 15 tickets for $ 10.00
The raffle for the one-year NCRA membership will be
$ 2.00 per ticket.
Silent Auction
Lois inquired if Board members would again want to donate baskets for the Silent Auction. Lois also presented handouts printed from
the Tennessee Court Reporters Association website regarding their Silent Auction Donations and Convention Door Prizes. She also
showed us their listing online for Break Sponsors. Lois indicated she would like to try the new online approach with the Silent Auction.
There was no objection from any Board member present.
Possible locations for our next Convention or Education Day will be tabled until the March 2015 meeting.
The next Board meeting will be at 2:00 p.m. on Friday, March 13, 2015, at the Jepson Center
Rachel made a motion to adjourn the meeting. Yulonda seconded the motion. The motion was carried. The meeting adjourned at 2:55
p.m.
Respectfully submitted by Leslie Etheredge, Secretary
Virginia Court Reporters
Association
VCRA
P.O. Box 4273
Virginia Beach, VA 23454
Phone: 757-995-5356
E-mail: vcraexecutivedirector@gmail.com
WE NEED YOUR ARTICLE!
We’re on the Web!
If you have something that you would like to share, please submit
your article to the VCRA Newsletter. Our next publication will be in
the Summer of 2015. Deadline for submission is June 15, 2015.
Please e-mail your articles to vcraexecutivedirector@gmail.com.
WWW.VCRA.NET
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