What would you do if you left a position as an official and not your judge but the chief judge wanted all of your backup audio and did not want to pay you for it?

[Rodney]

I have recenty left an official position after 5 years and the chief judge is hounding me for my backup audio and is not going to pay me for any of it. I have informed the judge that I am entitled to be paid as per statute but I have not gotten a response as of yet. I am mixed about how to respond to this. I believe that this is part of my work product but I have been told by a very respected attorney that since I was in court on a per diem it belongs to the judicial circuit. The statute says I am supposed to be paid for it in any form. The audio has not been transcribed or filed previously and so I am bewildered as to how to take a stand on this issue.

[Kelli Combs (admin)]

I guess I would just give it to him. It is not like you have to do any extra work. What do you have to lose? Maybe I am missing something.

[Janet]

I was a Federal official, and I had to leave all of my steno notes at the court when I left. I agree with Kelli.

[Mary Ann Payonk]

Hi, Rodney. I'm not an official -- far from it! Even when I've worked in court, it's been as a freelancer. I see you're from Georgia. You have a state CSR assoc, I believe. Do they have anything to say about that? Also, you could pose this question to NCRA, I might add, for what it's worth. And I notice the judge wants your backup audio ... you didn't say he wanted your actual notes. My opinion (again, TRULY "for what it's worth" ... probably pfffffft!) it is your work product. But don't your notes stay within the court, and they are work product too? If the statute says you're to be paid for the record "in any form," wouldn't that be a transcribed record? Also, making the point you're to be paid "for it" in any form ... what's the "it"? If it's the transcript, it's not done yet, so you wouldn't get paid for it. If the "it" is the backup audio, then you should have been paid for all the backups you've made up to this point. And what would that be?

So many questions!!! And you came here for answers!!! I think what you are thinking you may lose is the missed opportunity for transcription income if someone wants a transcript after you've left the courthouse, and the backup audio would assist whoever was transcribing with preparing the transcript.

Oh, here's a thought. When you leave, do you leave the responsiblity for transcribing your notes behind? I mean, when you leave the position, are you never expected to transcribe any of the stuff you wrote in 5 years, and you leave that up to someone else to do? If YOU are expected to provide transcription of your own notes even after you leave the courthouse, that might be a good reason for you to hang onto that backup audio so that YOU can ensure the safekeeping of it.

My, my.

M.A.

[Rodney]

I know I was not clear but this is lost income for me. There is a lot more to this. My judge was forced to resign due to a political witch hunt and I went down with his ship. Am I making this too personal?

[Mary Jo Cochran]

When I was at the criminal court complex many years ago, as a deputy court reporter, the Official Reporter we all worked for had a reporter moving back to New Jersey. He let her take her shorthand notes. She assured him she would transcribe anything that came.

A murder trial appeal came up - no reporter, no shorthand notes. Reporter refused any contact. The case had to get retried. The Offical Reporter (who was in trouble with the Judges already) lost his Officialship overnight. We all came to work - and had no judges to cover. A warrant got put out for the court reporter.

Purpose of this story: None. Make life simple for yourself. You don't want to have problems because of it. You're keeping your shorthand notes, aren't you? Can you give him a copy of your audio? It would be a bummer if you gave him the audio, then it was needed later, and you didn't have it - and he had no idea what happened to what you gave him.

[Glen Warner]

Hi, Rodney.

If your backup audio is in a format such that it requires CAT software to play (or can be converted to such a format), why not leave him a COPY of those backup files ... and let him get his own CAT software to play them? :o)

[Rodney]

Now you're talking.There is nothing that says I have to make them readable. I just have to leave them in whatever format they are in. Thanks.

[Rosalie DeLeonardis]

Why would the judge want the audio if there are no transcripts to go with it? I know court is different than freelance, everything has to stay with the court. Be very interested in the rules for the audio when it comes to court. Please keep us posted on what happens.

[Rodney]

It is my understanding that I would be the only one who can certify to the audio and create the transcript from that audio. So for the judge to have it would do no good. I have been researching the Georgia Code on this and there is nothing on point for this. The Code does specify that felony pleas are to be transcribed as a matter of law but not misdemeanors. So in effect the judge is breaking the law as to felony pleas. But lets face it getting into a contest with a judge, well, we all know who is going to win that battle.

[Rodney]

Thanks for your insight. I have drug my feet on this and I was not planning on giving up anything without a fight. There are so many issues in this such has HIPA laws which can be stretched to cover this situation in that I would have to have a release from each and every party involved in every single case be it civil or criminal before I could release a single recording. Yes this has been a very emotional issue for me but I am determined to fight this to the end. I am grateful to all of the responses that I have gotten on this site. Just to let you know I did contact my state board of court reporting and their response to me was "It is the consensus of the Board that you seek legal counsel." I was floored by that response. This board is quick to reprimand us but will not back us up or even offer any interpertation of our rules for me to form some answer. I told them that they were worthless as a group. There is no organization in Georgia that stands up for the reporters.

[Glen Warner]

Hi, Diana!

My advice wasn't exactly to turn the audio over; my advice was to turn the audio files IN PROPRIETARY CAT FORMAT over ... this way, Hizzoner would have to somehow figure out what program to use to open the files in order to hear them.

Sneaky!

Ideally, he would just give up, but you never know.

[Kimberly Spangler]

Rodney - Although it's not what you want to hear, personally, I would leave the audio behind and just call it a day. I had the unfortunate experience of working with an awful, money-hungry reporter who had seniority. After other officials left their position she ALWAYS transcribed their work when an order came in. (I saw her do it) I left my officialship there five years ago, and to date not one single order has come my way! :)

I am a firm believer in that old saying...something like "what goes around, comes around." I'm living proof that that old adage is so true! She applied for the position I now hold and was not hired - TWICE.

Let them keep your audio - something better will come to you, and dealing with people like that is a waste of time. They will never change. They're unhappy and miserable, and try to make the rest of us the same way. If he wants your audio - give it to him in the previously suggest format. :)

Happy Trails!