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Pilot project will introduce video transcripts in 3 courts

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Three Indiana courts are weeks away from beginning an unprecedented experiment: recording proceedings with digital video that will form the official trial court record.

“This is a deliberate and wise examination,” of how such a system would work, said Court of Appeals Judge Cale Bradford, who is among those overseeing a pilot project at the direction of the Indiana Supreme Court. The project will install automated video systems in the courtrooms of Allen Superior Judge Nancy Boyer, Marion Superior Judge Mark Stoner and Tippecanoe Superior Judge Loretta Rush.

Cameras in those trial courts will roll on or before Aug. 1, according to Supreme Court administrative staff. The video will be the official transcript unless a judge orders a paper transcript in a particular case.
 

videomainsmall-15col.jpg Kurt Maddox displays a video camera like those that will be installed in select Indiana courtrooms by Aug. 1 for a pilot project that will create video transcripts of court proceedings. Maddox is chief evangelist with Jefferson Audio Video Systems in Louisville, Ky. The company has helped Kentucky document video court transcripts for almost 30 years. (Photo courtesy of JAVS)

Bradford said the video trial project will run for a year with the expectation that each of the courts will generate 15 diverse appeals: termination of parental rights cases from Rush’s court;

major felony convictions out of Stoner’s court; and civil decisions from Boyer’s court. Each of those appeals will be heard by a panel consisting of Bradford and appellate judges James Kirsch and Melissa May.

Bradford acknowledged video transcripts will take adjustment for attorneys and judges. But he expected efficiencies in preparing the video transcript to outweigh any additional time judges and lawyers will have to spend consulting video transcripts.


Cale Bradford Bradford

Indiana’s pilot is looking to Kentucky, where courts statewide have relied almost exclusively on video transcripts for nearly 30 years.

“On our end, the difficulty will be from going to reading and writing to viewing and writing,” May said in an email. “I can’t say there aren’t concerns with potential time issues, but when we try it, we will find out the upsides and downsides of the Kentucky system.” 

“My personal concern is that video transcripts may speed up transcript preparation, but will slow both the briefing and decisional parts of the appellate process so that we end up with no net gain in shortening the overall time for processing appeals,” Kirsch said in an email. 

Selling the system

“Indiana’s approach is the most deliberate and thoughtful of any court we’ve worked with,” said Kurt Maddox of Jefferson Audio Video Systems in Louisville, Ky., the company that will install multiple cameras in each of the three courts in the next several weeks.


kirsch-james-jusde-mug Kirsch

The question for courts, Maddox said, is “what really is the right way to do this in 2012?”

Maddox’s official title with JAVS is chief evangelist. He preaches the virtues of the video record, which JAVS has helped make the standard in Kentucky courts since 1983. Maddox said converting courts with deep traditions can be a mission compared with the relative ease with which some developing nations embrace video court records.

“In the U.S., it just takes a tremendous amount of effort,” he said, to overcome the institution of paper transcripts. “The Kentucky model sits out there challenging the traditional wisdom every day.”


Melissa May May

Maddox said video transcripts are more accurate and efficient than those prepared by even the fastest and most professional court reporters. Kentucky’s statewide court system estimates it has saved $24 million per year since it switched to a video court-reporting system.

“I have a strong belief, I think based on good evidence, that the taxpayers are on the hook for a lot of money simply because of the lack of interest” in moving toward video transcripts, he said.

JAVS uses a system in which multiple cameras are linked to microphones that are voice-activated and switch cameras to the speaker using an automated controller called a Centro.

“We create an automatic production without an operator,” Maddox said. Instead of the traditional period allowed for transcription – 90 days in Indiana – the transcript in video form is available as soon as the trial concludes, he explained.

The cost of installing and operating the leased systems for the Indiana pilot project has not been determined. Negotiations are continuing, officials said, and the state could retain an option to purchase the equipment.

Concerns for the record

Video transcripts raise a host of concerns for court reporters, from misplaced or overwritten (taped over) recordings to the inclusion in the official record of such distractions as ambient courtroom noise and how a defendant looks or sounds.

“While the Indiana Shorthand Reporters Association understands the motivation of the Indiana Supreme Court to engage a pilot project to explore other ways to make the court record, we still believe the best way to ensure the record is accurate and is efficiently produced is when it is captured and prepared by a certified shorthand reporter,” according to an ISRA statement from vice president Victoria Dudeck.

The association that represents certified court reporters said audio/video records are unreliable, and problems with the recordings sometimes aren’t discovered until transcripts are filed for review.

“There are numerous examples of hearings in which a microphone didn’t work or the entire system didn’t record properly. Sometimes, operator error as simple as the recording monitor forgetting to turn on the machine can render dozens of proceedings unrecorded,” according to ISRA.

The association said requiring court reporters be certified and participate in continuing education would present a better improvement for court records than video transcripts.

Adam Finkel, senior government relations specialist for the National Court Reporters Association, said courts are bearing the brunt of government cost-cutting nationwide, and video transcripts are presented as a long-term cost reduction that’s put a skilled, time-tested profession on the defensive.

Finkel said there’s good reason to resist automating court records, even if some savings are realized: “You’re putting a price on justice and the courts.”

Maddox said problems and human error arise with court reporters as well, but concerns about technical problems are overstated. He said video transcripts are the most complete and accurate available.

Moving forward

Stoner plans to visit Kentucky courts and confer with judges there to get some guidance on best practices and how the system has been used there. Plans are moving forward to have cameras installed as soon as possible in his Marion Superior courtroom.

“(JAVS’) IT folks are talking with my IT folks to make sure it all works together,” he said.

Stoner said judges will have some control over the system, such as overriding voice activation, but he doesn’t want to be “distracted by determining camera angles” when he’s advising someone of his rights when entering a plea, for instance.

Rush said the new system will require training, and not just for court personnel. “I’ve already started talking to the attorneys in my (Tippecanoe Superior) court, and really what we’re going to do is bring them along right from the beginning to get training on it,” Rush said. “How do you do a brief, how do you do an appellate summary from a video?”

“Those of us who’ve never seen anything other than a written transcript wonder how in the world this will ever work,” Boyer said. The Allen Superior judge has gotten some answers from JAVS and from practitioners in Kentucky. Typically, court events such as who’s testifying, direct, cross-examination, and exhibits in evidence are noted in a log that corresponds to time stamps on the video.

The video transcript will allow attorneys to have records of proceedings at the close of each trial day, Boyer said. The availability means, for instance, that an attorney could use video of witness testimony as part of a PowerPoint presentation during closing arguments.

“It could be very powerful,” she said.•
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  • COST FACTOR?
    The State of Florida has widened its use of digital recordings in its court system, also. First of all, as far as technologically advanced, CAT system steno reporters are FAR more technologically advanced than the archaic method of transcribing from audio or video recordings. Would you rather have simultaneous transcription or someone typing away and MAYBE getting out ten pages an hour? But to say recordings are cost-effective, the State of Indiana will soon find that the initial investment, usually running at least 10,000 dollars and up, per courtroom is only the tip of the iceberg. You then have the monitor's salary and benefits, the transcript costs, the yearly software maintenance agreement that can run 60,000 dollars a year, and, yes, the cost of complete system updates every five years or so. All of those costs are generally taken care of by stenographic reporters individually...now YOUR court system will have to pay those astronomical fees. And once the government makes that huge initial investment to convert, guess what? Then they get the problems with questions as to the integrity of their record and the judges having to deal with inaccurate transcription for appellate purposes. California just did a study on this same thing and realized they couldn't afford it. Florida was far more foolish and we live with it every day.
  • Relevant and Timely
    It is relevant and timely that the Indiana Supreme Court has launched a pilot project to record proceedings with digital video that will form the official trial court records in three Indiana counties. Since the 1950's in Cass County, Indiana, we have successfully used multichannel tape recorders and now digital recording systems to capture all testimony in our courtrooms and record all court proceedings. Audio recording of court proceedings in Cass County has proved reliable and accurate for decades. Thousands of pages of verbatim testimony have been accurately produced without glitches or failures. The audio record is verifiable and accessible to all. Kentucky has successfully used digital video recording of all court proceedings for some 30 years now. Digital audio and video recording establish the basis for further technological developments in the areas of speech-to-text, rapid word/phrase audio searches, transcripts linked to exhibits, and total case management in the courtroom. Fluctuation in the economy as well as the continuing advancement of technology mandate that Indiana give this project high priority.

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    1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

    2. This guy sounds like the classic molester/manipulator.

    3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

    4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

    5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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