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

BILL NUMBER:S7168

Title of bill

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

Purpose

Provides that the Chief Administrator of the Courts may direct the use of mechanical recording of testimony and proceedings in only certain courts.

Summary of provisions

Section 1 - 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, 2015 and annually thereafter as to the usage of mechanical recording in the courts during the prior year.

Section 2 - Establishes the effective date

Justification

On June 30, 1999, legislative authorization permitting limited electronic recording in New York State expired. Since then the Office of Court Administration had administratively authorized mechanical recording without legislative authority.

At least one court (In the Matter of Shanel P., A Person Alleged to be a Juvenile Delinquent, Respondent) has so held). It is necessary for the legislature to determine which courts should have the authority to mechanically record testimony and proceedings.

This legislation is proposed to give the Courts limited authority to mechanically record. The authority is limited 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.

Legislative history

2009-10 S.2046 2007-08 S.7995A

Fiscal implications

None.

Effective date

This act shall take effect immediately.