Provides that the chief administrator of the courts may direct the use of mechanical recording of testimony

Title of bill

An act to amend the judiciary law, in relation to mechanical recording of testimony

Purpose

The purpose of this bill is to limit the use of mechanical recording of testimony in the courts of the State of New York.

Summary of provisions

This bill permits the Chief Administrator of the Courts to direct the use of mechanical recording of testimony and of other proceedings in the courts of this State, in lieu of the taking of stenographic notes. However, it specifically prohibits the following courts from using mechanical recording of testimony: a) NYC Supreme Courts Civil Term; b) NYC Supreme Courts Criminal Term; c) NYS Supreme Courts outside the City of New York; d) New York County Courts; e) NYS District Courts, criminal and civil jury trials; f) NYS Family Courts, delinquency cases; g) NYC Civil and Criminal Courts; h) City Courts outside the City of New York; and i) Surrogate Courts, hearing and trial parts.

The bill further provides that in the event there are no transfer or reassignment requests, and no viable eligible list of stenotype court reporters from which to canvas, then an employment announcement shall be issued to fill the position on a provisional or per diem basis. Only then, when such remedies are exhausted and no stenotype court reporters are available, may mechanical recording of testimony be used.

Lastly the bill requires the Chief Administrator of the Courts to report to the Legislature by March 31, 2010 and annually thereafter as to the usage of mechanical recording in the courts during the prior year.

Justification

This legislation is proposed to ensure the accuracy of court records for the benefit of the litigants, the courts and the public at large. An accurate record of what occurs in a court proceeding is essential to achieving the goal of a just and fair result. The preparation of an accurate record supports the integrity of the process and leads to greater confidence by the public in the court system. This bill would prohibit the use of mechanical recording in certain courts. It would also authorize the Chief Administrator of the Courts to annually report on the use of mechanical recordings annually to the Legislature so that any issues pertaining to the use of mechanical recording can be addressed expeditiously.

Legislative history

2007-08 S.7995A

Fiscal implications

None.

Effective date

Immediately.