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Balancing the Scales of Justice
The National Court Reporters Association (NCRA) believes that everyone should be able to have his or her day in court, regardless of a physical disability.
In fact, it's more than a belief -- it's the law. The Americans with Disabilities Act of 1990 mandates equal access to courtrooms for all Americans.
NCRA has been working for more than 10 years to develop and implement innovative communications solutions to provide every litigant, judge, juror, lawyer and spectator the opportunity to meaningfully participate in judicial proceedings.
This article explains how Communication Access in the Courts works, from the litigation-support technology that creates Braille transcripts for litigants to the instant transcription systems that allow deaf and hard-of-hearing judges to preside over trials without difficulty.
And that means justice for all.
How it Works, What it Does
Turning Speech Into Text. At the center of Communication Access in the Courts is the CART (Communication Access Realtime Translation) provider, who ensures equal access to courtroom proceedings.
Official court reporters are charged with preparing an accurate, complete and secure administrative record of the proceedings. Using realtime technology, this record is instantly available to all judicial participants. A realtime-capable official reporter converts stenographic notes into English text automatically, and this text is immediately displayed on a computer, video or large projection screen. This text can be transmitted to any computer screen in the courtroom, from laptops set up at the counsel table to a screen built into the judge's bench. Additionally, this technology allows the court reporter to print transcripts in Braille text, giving blind and visually impaired people equal access to the transcript if they need to respond to something in the record.
Total communication access for people who are deaf or hard-of-hearing is facilitated in the courtroom through CART (Communication Access Realtime Translation) technology. The CART provider works in tandem with the official court reporter, assuming an interpretive rather than an administrative role. Using the instant steno-to-English translation and screen-transmission capabilities of realtime technology, the CART provider captures not only the words, but also the spirit of the proceedings. For example, if anyone laughs in the courtroom or the proceedings are disrupted by sounds or other disturbances, such as a cell phone ringing, CART providers will convey these environmental sounds to the consumer via the realtime technology. CART providers also facilitate the consumer's participation in the proceedings by continuing this interpretive role during "off-the-record" discussions, such as attorney/client conversations and jury deliberations in accordance with the consumer's role in the proceedings. This approach is more inclusive and provides people who are deaf and hard-of-hearing with a better understanding of the proceedings.
Providing Access for All. CART technology has proven helpful in numerous court settings and can assist any participant in a legal proceeding. For example:
- A hard-of-hearing pro se litigant in New Jersey was able to follow and deliver his own oral argument in the state Appellate Court. The technology also allowed him to respond to questions by the panel of judges.
- Hard-of-hearing judges in Wisconsin and New Jersey use the telephone, listen to proceedings and communicate with court personnel via CART. In addition, the Wisconsin judge utilizes the technology whenever he attends conferences or gives speeches.
- At least three court cases, one each in Michigan, Texas and California, were appealed and retried because the deaf litigant didn't fully understand what went on in the first trial. CART played an integral part in the retrials, allowing the litigants to understand and take an active part in the second trial.
- Because many people who are deaf or hard-of-hearing do not communicate using sign language, CART has often been used when a deaf juror needed to see the words that were said in order to participate in the judicial process. One juror said she felt realtime allowed her to better "blend in" with the rest of the jury. The near-verbatim quality of CART makes it extremely attractive in a court setting, where receiving the precise language used is critical to the outcome of the proceedings.
- CART was used to caption jury selection proceedings in Texas for a deaf potential juror who wished to participate in a trial. The juror, whose preferred method of communication is English rather than sign language, was then picked for a jury for state criminal District Court and followed the trial by reading the testimony on a computer screen placed in front of her.
- A Chicago prosecutor lost his hearing later in life, and thought he lost his ability to litigate cases as well. Since discovering CART, he is once again arguing cases in the courtroom.
© 2002 National Court Reporters Association, All Rights Reserved
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