Capturing the Record: Preserving Justice Through Diverse Methodologies – Q3 2025 Facts & Findings

A verbatim court record is essential in the judicial process, preserving every word exchanged between judges, lawyers, and witnesses, as well as oral rulings. The accuracy of these records is fundamental for transparency, appeals, case reviews, and shaping effective legal strategies. However, the court reporting profession is facing a critical shortage of stenographers, with retirements outpacing new entrants. This creates gaps in the judicial record. For example, in California, vital hearings such as domestic violence restraining orders and child custody cases are sometimes left unrecorded. Such omissions directly threaten the constitutional rights of due process and equal protection, potentially undermining faith in the legal system.

While stenography traditionally has been the most common capture method, it is not the only one. With growing delays in delivering transcripts and, in extreme cases, the risk of having no record at all, the legal community is looking beyond traditional stenography. Advances in alternative capture methods provide potential solutions to this shortage.

Stenography, digital reporting, and voice writing are three trusted methodologies for creating verbatim legal records. Each employs trained professionals, advanced technologies, and strict standards of accuracy and impartiality. While their tools and processes differ, they share the same goal: to produce reliable, admissible records that uphold the integrity of the legal system.

The courtroom is a place where words carry significant weight. Every statement, objection, and ruling must be documented with precision because these records form the backbone of the legal system. This article examines methodologies, technologies, and the crucial role of human oversight in ensuring the record’s reliability and accuracy.

THE TIMELESS ROLE OF COURT REPORTERS
Court reporters are more than just speech recorders. They are custodians of the legal record, ensuring every word is documented with precision and neutrality. Whether using stenographic machines, stenomasks, or digital recording systems, court reporters address the nuances of fast-paced legal exchanges, effectively managing overlapping dialogue and complex terminologies.

Beyond transcription, court reporters understand the courts, law, and the life cycle of a case, and perform essential tasks such as marking exhibits, administering oaths, managing the room, clarifying statements, and certifying the accuracy of the record. Their presence creates a robust safeguard for capturing the entirety of legal proceedings. While technology is advancing rapidly, human oversight remains irreplaceable for handling the intricacies of dynamic courtroom environments.

STENOGRAPHIC REPORTING: THE TRADITIONAL SOLUTION
Stenographic reporters utilize a stenotype keyboard to capture speech at remarkable speeds, translating shorthand into text with the support of advanced CAT software. Following the proceeding, stenographers will often work with scopists or proofers to create and certify the final transcript. Stenographers are recognized by the National Court Reporters Association (NCRA), which provides training and certification to ensure adherence to standards of professionalism and quality.

DIGITAL REPORTING: A MODERN SOLUTION
Digital reporters are skilled professionals who use state-of-the-art audio and video recording systems and software to create a verbatim record. Their recording systems are often supported by tools like AI-assisted transcription, providing multiple layers of redundancy. Digital reporters work with legal transcriptionists, scopists, and proofers to create and certify the final transcript. Digital reporters are recognized by the American Association of Electronic Reporters and Transcribers (AAERT), which provides training and certification to ensure compliance with professional and quality standards.

VOICE WRITING: A VERSATILE ALTERNATIVE
Voice writing provides another effective means for creating precise legal records. Voice writers combine advanced speech-to-text software with their expertise in dictating verbatim testimony with remarkable accuracy. Voice writers are recognized by the National Verbatim Reporters Association (NVRA) and the NCRA. These organizations offer training and certification to ensure voice writers meet their standards of professionalism and quality.

THE NEED FOR A GUARDIAN OF THE RECORD
Alternative capture methods have grown in importance as stenographer shortages persist. However, regardless of the method, the key deliverable is an accurate record certified by a qualified court reporter. Certification ensures accuracy and admissibility while providing transparency and accountability. Court reporters—whether stenographers, digital reporters, or voice writers—are guardians of the record. They intervene to correct errors, clarify ambiguities, and maintain peace, ensuring the transcript genuinely reflects the proceedings. They can even be called upon to testify to the validity of a deposition transcript or the integrity of a proceeding.

AI IN LEGAL CAPTURE: ENHANCING EFFICIENCY
Artificial intelligence has introduced transformative possibilities in legal transcription, offering real-time transcription tools, automated summaries, and keyword-searchable transcripts. These advancements enhance efficiency and improve the usability of transcripts through features like synchronized video clips and annotations, thereby enabling legal professionals to focus on higher-value tasks. While AI can streamline routine transcription tasks, human oversight remains indispensable. Ensuring that transcripts are contextually accurate, especially in complex legal dialogue, requires skilled professionals to complement AI technologies. AI-based speech recognition offers efficiency, but its outputs remain draft-only and inadmissible unless certified by a court reporter. Relying solely on AI creates risk since such tools can introduce bias and inaccuracies and lack accountability. Certified human review and guardianship are crucial to preserving the integrity of the record.

EMBRACING A UNIFIED APPROACH
The legal profession must adopt a unified approach to record capture, valuing all methodologies while maintaining core principles of human oversight, accuracy, and impartiality. Integrating stenography, digital reporting, and voice writing into standard practice allows courts to expand access to justice and ensure that legal records are accurate and reliable. Court reporters, regardless of the tools they use, are vital contributors to the process. By celebrating the strengths of all methodologies and fostering a spirit of innovation and adaptability, the legal system can continue to produce precise, definitive records that safeguard justice for all.

CLOSING ARGUMENTS: THE NEED TO PRESERVE JUSTICE
The current shortage of stenographers and court reporters, combined with increasing caseloads, presents real challenges to the reliability of the legal record. While technological advancements like AI-enabled tools provide opportunities, they should only supplement—never replace—certified human oversight. Court reporters are a necessity as officers of the court and guardians of the record, ensuring accuracy, neutrality, and admissibility.

Do not risk your client’s access to justice. If a stenographer is not available, consider qualified alternative capture methods, but always require a human reporter to certify and attest to the accuracy of the transcript. Remember that only certified records provide the transparency and accountability our justice system requires.

Court reporters are instrumental in safeguarding justice. Access to a certified, accurate transcript is non-negotiable for due process and equal protection.

---

Andrea Wecker, CSR, RDR, CRR, CRC, is the Director of Operations for Veritext in Idaho, Oregon, and Washington. She also serves as the President of STAR and chairman of the Certified Shorthand Reporters Board in Idaho. Andrea served as President of the Idaho Court Reporters Association from 2017 to 2019 and has been an active member of the National Court Reporters Association for over 20 years. She spends countless hours mentoring students and new reporters, as well as educating the legal community on the important role that court reporters play in our judicial system.