The National Court Reporters Association is seeking clarification and administrative review of federal court recording policy, emphasizing the need to protect confidential information, preserve transcript certification requirements, and include official court reporters in policy discussions.
In a letter dated October 28 addressed to the Administrative Office of the U.S. Courts (AO), NCRA outlined concerns about provisions in Volume 6 of the Guide to Judiciary Policy. The letter focuses on sections 140 and 510.40.10(c), following the Guide’s October 5 revision, identified as Transmittal 06-021.
The policy distinguishes personal backup recordings from recordings submitted to the clerk as the official record. Personal backup audio made for a reporter’s convenience generally remains the reporter’s property, without public entitlement. The Guide also addresses circumstances in which filed recordings become court property and available for purchase. Read the current Guide to Judiciary Policy, Volume 6.
NCRA’s letter asks the AO to explain how these provisions preserve transcript certification requirements and maintain a clear distinction between audio recordings and certified transcripts. Court reporters use backup audio to assist in preparing accurate transcripts, and the Association is seeking guidance on how that supporting material should be treated when filed with the court.
Confidentiality is another central concern. NCRA noted that unedited recordings can capture privileged attorney-client discussions, off-the-record exchanges, and sensitive personal information. The Association asked how audio release procedures will protect information that may properly be excluded or redacted from a public transcript.
The letter requests clarification about which recordings are subject to release, review before release, and responsibility for redacting protected information. It also calls for guidance addressing sealed and privileged material and making clear that a released recording is not a certified transcript.
NCRA’s letter expresses support for confidentiality concerns raised by the United States Court Reporters Association in its October 23 correspondence. If recordings are distributed, NCRA supports USCRA’s request for a formal disclaimer explaining their use and the responsibilities associated with their release.
The effort also seeks an opportunity for official court reporters to provide input. Drawing on its representation of reporters in federal and state courts and other settings, NCRA expressed willingness to work with the AO and USCRA on a clear, workable policy that protects the integrity of the record, confidential information, and appropriate public access.
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