The National Court Reporters Association has filed an amicus brief with the Supreme Court of Texas in In re Patrick Hughey, No. 25-0463, a closely watched case involving a party submitting a written transcription produced from a non-stenographically recorded deposition, which NCRA believes flies in the face of Texas law.
The filing also represents a significant mobilization of resources as well as the culmination of a monthslong effort among NCRA, the Texas Court Reporters Association (TCRA), and the Texas Deposition Reporters Association (TEXDRA), while retaining the Austin, Texas-based counsel of Butler Snow LLP, and in collaboration with NCRA’s own in-house counsel.
“NCRA is committed to advocating for our members and protecting the integrity of the record,” said NCRA President Cathy Penniston, M.A., RPR, CRI. “This filing demonstrates the strength of our profession when national and state organizations work together.”
The case has drawn attention from the legal and court reporting communities because it raises questions about how existing state requirements governing deposition transcripts apply to unproven methods of capturing and transcribing testimony. The Texas Supreme Court has since set the case for oral argument on October 6, 2026.
“This filing offers a model other states can replicate by identifying emerging issues early, coordinating closely with NCRA, and combining state-level knowledge with national resources to build an effective advocacy plan, and if needed, a legal response,” said Colin Brehm, NCRA State Government Relations Manager.
NCRA has continued to expand its work surrounding new and unproven technologies and the record. Earlier this year, NCRA Government Relations launched a legislative resource hub focused in part on artificial intelligence, digital transcription, and judicial integrity. The NCRA Board of Directors also adopted an updated position statement on AI and Automatic Speech Recognition technology in February, reaffirming the Association’s position on the importance of trained, certified human professionals in creating and preserving the official record.
“NCRA’s position is straightforward: Texas law recognizes the essential role of certified professionals in producing the official record,” said NCRA Executive Director Dave Wenhold, CAE, PLC. “This is an attempt to subvert the long-standing critical law requiring a certified reporter involved in the process. The Texas law is clear, and if the plaintiff in this case wants the law to change, there is a legislative process for that. To try and do an end run around the current law, just because it doesn’t fit the plaintiff’s narrative, is not appropriate.
“We are confident that the Supreme Court will follow the law and rule in favor of supporting the current law, which protects that sanctity of the record. Our members should never have to wonder whether NCRA will stand up for them when those standards are challenged. We will not sit on the sidelines. NCRA has our members’ backs, and we will commit the advocacy, legal, and organizational resources necessary to defend the profession and the integrity of the record,” he added.
View the Texas Supreme Court’s order in In re Patrick Hughey. Proceedings can also be followed through the SCoTXBlog case docket for No. 25-0463. View Amicus Curiae Brief submitted to the Texas Supreme Court by NCRA.
Comments are closed.