With the introduction of Backup Audio Media (BAM), court reporters have been faced with a new predicament - what happens when a client requests a copy of the audio file? The NCRA recently created a task-force to handle this sticky situation and the result was the addition of a new section (Section VII: Backup Audio Media) to the NCRA's Code of Professional Ethics. Section VII lays out some background and guidelines to follow when a copy of your audio file is requested.
At the outset it should be noted that the decision to use BAM is up to you; however, if you are going to use it, then it is your responsibility to ensure that you are complying with any applicable laws and to preserve the integrity of the record. This means generally that you cannot rely on the audio for readback purposes or to "make the record" in lieu of notes during the proceedings. Backup recordings are considered the personal property of the reporter, and according to various case law, there is usually "no public entitlement to these recordings." Additionally, there is no ethical obligation to even disclose that a backup audio recording is being made, unless you are doing so as a "value-added" service with the intent to sell the audio later on.
Every so often the situation may arise where an attorney asks for a copy of your audio file. Now what? The short answer is you will probably be required to provide it. This is why it is so important to make certain that no confidential or off-the-record conversations are contained on the recording. This is easily done if, like the good reporter that you are, you start and stop recording during any off-the-record moments. Some BAM software can even be set to do this automatically. However, even the most diligent of reporters may forget to turn the audio off every now and again, and if this happens to you, there are some great digital editing software programs out there (some for free!) to ensure that confidentiality is maintained. Just make sure that you are always providing and/or editing a copy of the file and not the original!
Next, you need to make sure that if one party requests a copy of the audio file, that a copy is offered to all of the parties involved. It would be a breach of our impartiality to offer this service to only one side of a proceeding and not the other. Finally, the audio should be preserved (upon request by any party) for the same time period for which your notes are preserved.
Overall, changing technology can create some hairy situations. If you ever feel uncomfortable by a request that is made and are unsure how to proceed, contact the office and we'll be more than happy to point you in the right direction. Alternatively, you can seek the advice of counsel.
