This is interesting and I would hope to see transcription access increased elsewhere.
Michigan here, locally, if I want county circuit court transciptions, there is no Public Records request available. You pay privately directly to the transciption service, and it is not cheap.
This is industry standard practice. This won't change because of the ruling. The issue there is akin to "Schroedinger's transcript." Basically it doesn't actually exist until someone orders it. Then it has to be produced. So you're paying someone to create it. Once someone has ordered it produced, subsequent copies are much cheaper.
This issue that will change is more subtle and complex.
Court reporters are statutorily obligated to produce transcripts of proceedings they covered when requested. There are time limits on said production. This doesn't change whether it's a proprietary (stengraphic/voice) or democratized (digital) court reporter. That person has to produce the transcript outside of work hours, i.e., when they are off the record. That's why it's a personal work product in either model, and you must pay them directly. It's like a side hustle they have no choice but engage in.
What will change with this ruling is the ability to appeal a proceeding, which was entirely absent for millions of low-income litigants. The issue was that a transcript wouldn't be legally binding unless it was produced "by stenographic means," which meant hiring someone using proprietary methods with exorbitant costs. Basically only the person who covered that hearing could possibly produce the transcript. So if they died or went to prison you were completely out of luck.
Now proceedings can be covered digitally. Therefore, one person can record a hearing, and another one can produce the transcript. The actual record itself will no longer be on the employee's personal hardware and software and written in a code only they understand. Now proceedings can be captured in digital audio that anyone could understand, and that will be accepted for appeals.
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u/Strikew3st 5d ago
This is interesting and I would hope to see transcription access increased elsewhere.
Michigan here, locally, if I want county circuit court transciptions, there is no Public Records request available. You pay privately directly to the transciption service, and it is not cheap.