gccraforum.org

[Wendy Ledbetter]

I am a new reporter and have two juvenile court transcripts to prepare.  I have a couple of questions that I cannot find the answers to in the handbook.

1.  The fee schedule says that we "May not transcribe without order of the Court."  In both of the cases I am working on the attorneys asked for the takedown and transcripts.  They indicated they prepare the order for the judge's signature.  Do I wait to file my transcript until I confirm that the order has been signed and filed, and then file my transcript?  Should the order be filed with, or attached to, the transcript?  Or if I confirm it's been filed on its own then just file my transcript independently of the order?

2.  Is the original transcript sealed and then filed?

3.  I know there was a discussion about children's names in the transcripts previously but I cannot find anything in writing to answer the question about putting the child's name in the transcript  vs. putting the child's initials in the transcript.  I received copies of the case styles for these transcripts and the child's name is spelled out in its entirety.  The styles came from the pleadings already filed.  So would the transcript follow suit and their names would be spelled out?

Perhaps some of this is county-by-county procedures, but since we have a Board member moderating this topic on the forum I was hoping we could get some clarification on the preparation and filing of juvenile court transcripts.  And if these answers are in the handbook, where are they?  I've read it three times today and can't find anything other than what is on the fee schedule.
  
Thank you,
Wendy Ledbetter
_________________
"You gain strength, courage and confidence by every experience in which you really stop to look fear in the face ... You must do the thing you think you cannot do."
- Eleanor Roosevelt

[Linda Cowen]

In response to the question about the juvenile court transcript:

Do not file the transcript without the Judge's Order.  Just check with the Clerk to see when it is filed, and then file the transcript. Do not give out the copies to the attorneys, either, until you know that the Order was entered.

Do not seal it.  Court transcripts are not sealed.  Juvenile records are "sealed" in their entirety, so the transcript will not be available to anyone, other than the attorneys and courts involved.

Use the style on the pleadings.  The initials are used by appeals courts in their published opinions, but the trial court uses the child's name.

I have no idea if this is in the Handbook, as I do not have my copy here at home.

Just out of curiosity, did you take down the hearing, or are you transcribing from a recording system's tape or digital recording of some type?  The Supreme Court Commission on Children has been worried about juvenile court transcripts in many respects, so I am asking just as it relates to their concerns.  They want transcripts produced more quickly, and we (The Board) told them that they really needed to make sure that a reporter actually took down the hearing, then, as it is easier and better to prepare a transcript from a reporter's takedown method rather than from a reporter trying to hear a tape or digital recording of some type.

Hope that helps.

[Wendy Ledbetter]

Judge Cowen,
Thank you for answering.  I read the handbook three times through and could not find the information I was asking about in there.  

I actually took down the hearing, hired by the attorney for one of the petitioners.  This particular juvenile court does not have an official reporter, rather the clerk records all hearings onto cassette tapes and was present when I was there.  The appearance fee, etc. for a court reporter is paid by whichever lawyer asks that the court reporter be present and take down the testimony.

Another question has arisen - there are two separate case numbers (two different interveners moving in the adoption of the same child).  Both intervener cases were heard at the same time.  I presume an original and one copy is filed in both cases?  And the $3.67 page rate for an original and one copy is charged twice to the law firm that hired me?  

As I think I explained in my first post, I am a fairly new reporter and this is my first transcript in juvenile court.  I know we cannot have every situation explained in the handbook so this forum is very helpful for these kinds of questions.  Thank you so much for your interest and your answers.

Wendy Ledbetter

[Linda Cowen]

Wendy:

Well, that's an interesting issue.  This is a civil case, so my understanding of the takedown for civil proceedings is that whoever participated in paying for takedown is entitled to the transcript.  So, unless the attorneys for both intervenors paid for takedown, I would only file the original and one in the case that you were paid to take down.  If they both participated in takedown, I would, out of an abundance of caution, create a written communication to each attorney explaining that you have to file an original and one in both cases, and will be entitled to charge for both, and then split the bill for all of it amongst everyone who participated.

Does that make sense?

[Wendy Ledbetter]

Judge Cowen,
It's an interesting case with a few twists.  And of course, it would be my first!  
The attorney for the first intervener hired me.  The attorney for the second intervener is sharing in the takedown but does not want a copy of the transcript right now.  There is a third attorney, representing DFACS, who is also sharing in the takedown and wants a copy of the transcript now.  (Just as a side note, there is an appeal pending in this case from the Superior Court on the first intervener's adoption action and I think Juvenile Court is claiming jurisdiction, thus the takedown for the appeal.  The first intervener's objection to the Juvenile Court hearing even taking place on the date I was reporting was denied on the record.)
That said, in reading your answer is it your opinion that each would share in the takedown (which I was planning to bill them for equally at 1/3 each) plus 1/3 each of the $3.67 times two per page (for two originals and two copies filed in the two separate cases)?  Even though I wasn't questioning the appearance fee, that should be paid by the attorney that hired me, right?

Thank you,
Wendy

[Wendy Ledbetter]

Judge Cowen,
I woke up this morning with a few questions for the clerk and one of the attorneys in the case about the case numbers.  I absolutely need to make sure the interveners filed under different case numbers.  I'm thinking they may have filed under one, the most recent one (2007 case).   The second case number (2006) could be a deprivation action.   What made it confusing is that the Court calendar had the most recent case number on it (2007), but when the Judge called the case on the record she called the other case number (2006) only, didn't call the most recent case number.  So please disregard my last post.  I may have answered my own question.  But thank you.
Wendy Ledbetter

[Linda Cowen]

Wendy:

Wow!  What an interesting twist/mess.  Well, you are getting "broken in" well!

Let me know if I can help with further questions.

[Dorraine Stanley]

I know it's been a while since this thread was discussed, but I've scanned through it and have a question.

When can you charge takedown in juvenile court and when can you not?