The New York State Unified Court System commissioned the Future Trials Working Group to look at many possibilities for use of technology in the courtroom. In April 2021, the Future Trials Working Group released a report with recommendations for the court system. On page 13 of that report, there was a section regarding the possibility of automatic transcription, and specifically automatic trial transcription.
The report had a strange view on the possibility of automatic transcription. In one area, it noted “the most foreseeable endgame in the evolution of trial transcription likely is full automation.” In another part just down the page, it stated there were “…obstacles to the use of such technology on a fully automated or even predominantly automated basis for the foreseeable future”, going on to note “…automated transcription — at least at its current stage — could threaten access to justice if widely employed.” The most foreseeable endgame is automatic, but in the foreseeable future, the technology is unreliable. This is, in my view, a strange view to take. The report goes on to recommend that the court system study outside vendor offerings for automated/remote transcription or translation.
Court reporters and the people that represent them did not sit in silence. A response was prepared by the New York State Court Reporters Association and the Association of Surrogate’s and Supreme Court Reporters. Several unions supported the response, and the full letter and list of supporting unions can be read below. My personal favorite quote? “…use of automated speech technology for trial transcripts, by all available information, would not threaten access to justice, it would implode it.” We have, as a profession, put our foot down and said “we are here to guard the record, we have been guarding the record for over a century, and we will do all we can to educate the system on why other technologies are inadequate.” State and national association membership has never been more important. Union membership has never been more important. When you contribute to these organizations, you give them strength to advocate for you.
In full disclosure, I did contribute to the letter. But without the work of ASSCR President Eric Allen and NYSCRA President Joshua Edwards, this would not have been possible. Again, it all points to the importance of association and union membership. Members empower leaders. Leaders fight for an advocate on the behalf of members. It’s a symbiotic relationship that, if you are not currently a part of, you certainly want to be.
A response was received by the court system and is featured below.