Dealing with Bad Language in Court: Responsibilities of Court Reporters and Stenographers

When court proceedings witness the use of bad language, it is a delicate matter for court reporters and stenographers. The responsibilities and approaches of these professionals can vary based on the context and the intended audience. This article explores how these individuals handle such situations and their legal obligations.

Responsibilities of Court Reporters and Stenographers

Court reporters and stenographers are bound by their duties to accurately transcribe court proceedings. This includes capturing all spoken words, including those that may be offensive or inappropriate, as they provide a verbatim record that can be critical in legal proceedings. Here are some key points to consider:

Legal Transcription Accuracy

Stenographers, who often work without the benefit of audio recordings, rely on their shorthand techniques to transcribe conversations. These professionals typically record language as heard, without filtering or censoring. Legal transcriptions, particularly those that can be used in subsequent proceedings, must be as precise as possible to ensure fairness and integrity in legal processes.

Court Reporter Discretion

Unlike stenographers, court reporters have a bit more discretion. They can choose whether to record everything verbatim or to include a paraphrased description of certain words. For instance, if a witness uses offensive language, a court reporter might opt to describe the incident rather than using the exact words. This decision often hinges on the relationship to the case and the potential impact on third parties.

Balancing Accuracy and Sensitivity

The decision to include or paraphrase certain language is not only about avoiding offense but also about maintaining the integrity of the record. Court reporters must balance the need for accuracy with the sensitivity of the content, especially when the transcript may be made public or used in other legal contexts.

Handling Specific Scenarios

Here are some common scenarios and how court reporters and stenographers might handle bad language:

Depositions and Testimonies

During depositions, court reporters may pause and ask for clarification if a term is unclear or if a witness is misspeaking. They can also ask for the witness to spell out names or terms to ensure accuracy. This approach helps avoid errors and maintains the integrity of the record.

Foul Language in Court

When foul language is used in court, the judge has the authority to rule that certain words are stricken from the record. However, this is not a common practice. Instead, the court reporter will transcribe everything verbatim unless explicitly ordered to remove certain words.

Professional Standards and Ethical Considerations

Court reporters and stenographers must adhere to rigorous professional standards and ethical considerations. They are not expected to melt under pressure or discomfort from hearing offensive language. Instead, they are trained to remain objective and maintain the accuracy of their transcripts.

Conclusion

The role of court reporters and stenographers in dealing with bad language is multifaceted. While they must record everything verbatim, they also have the discretion to paraphrase certain terms to maintain sensitivity. The target audience, the importance of the case, and the reporter's judgment all play a role in how these professionals handle such situations.