OKLAHOMA CITY – The nationwide dearth of court reporters is affecting operations of the state Corporation Commission and Oklahoma’s courts.
“Due to the ongoing nationwide court reporter shortage, the Oklahoma Corporation Commission (OCC) will be using courtroom technology assistance in lieu of a court reporter for some of the uncontested hearings held in Oklahoma City,” the agency announced last week. “If a court reporter is requested, one will be provided. For questions, please contact the OCC Court Administrator…” The commission needs court reporters because it is “an administrative law agency,” spokesman Matt Skinner explained.
The OCC regulates the oiland- gas exploration/production industry and public utilities, monitors underground storage tanks, and administers and enforces various federal and state regulations relating to railroad crossing safety, pipeline safety, and motor carriers.
Since June 2021 “we have utilized ZoomGov for all OCC-related hearings and Commission meetings,” said Trey Davis, the commission’s chief public information officer. In 2022 the agency “adapted from utilizing digital handheld recorders to only using ZoomGov audio recordings of hearings and commission meetings.”
An official transcript of a hearing may be requested and provided by a Corporation Commission court reporter using the audio recording of the case/hearing. “Under our augmented use of court reporters, a party may request the presence of a court reporter for a hearing in addition to the audio recording of the matter,” Davis said.
The Corporation Commission “currently has five full-time court reporters (one of whom is retiring soon) and one part-time reporter,” Davis told Southwest Ledger. “Ideally, when the oil and gas industry is in full swing, we would have five full-time court reporters in Oklahoma City and two in Tulsa, which would reduce stress and overworking a court reporters’ hands.”
The principal issue appears to be attrition. “Our court reporters are retiring, not leaving for a position at another agency or the private sector,” Davis said.
Apparently federal district courts in Oklahoma are affected by the shortage, too. As just one example, the former treasurer of a public school district in Cherokee County pleaded guilty in Oklahoma’s Eastern District federal court to embezzlement of several thousand dollars of the school’s federal program funds. Court minutes reflect that no court reporter was present at that hearing; instead, the events was recorded.
Oklahoma’s court system is coping with the same issue, and for the same reason, said Diana O’Neal, administrative director of the courts in the Sooner State.
The court reporter deficit is “pretty bad,” O’Neal told the Ledger. Oklahoma’s district courts have 195 full-time court reporter positions but only 130 of those are filled. “They are retiring faster than they can be replaced,” she said.
Consequently, “We have to use contract court reporters.” Approximately two dozen of those are “retirees who come back and work parttime, typically four or five days a month.” Contract court reporters are limited to a maximum of 10 days a month; that limit has been set by the courts themselves, she said.
Because of the court reporter shortage, “We use a set of equipment, which costs about $12,000 to $14,000, that is put on a cart so it can be moved from one location to another.” These “room carts” include a television and microphones. “Room carts” enable a court reporter to follow a court proceeding remotely, watching what’s happening in the courtroom, hearing what’s being said and who’s saying it.
Room carts “are used every day” in Oklahoma courts, O’Neal said.
Use of the equipment became more frequent during the COVID-19 pandemic, so parties in a case could appear remotely.
‘Not moving needle’ to attract candidates The Oklahoma court system has been trying for years to incentivize individuals to train to be court reporters, “but we’re not moving the needle,” O’Neal lamented.
The Oklahoma Bar Foundation provides a court reporter rural assistance grant, she said. A successful applicant can receive a $15,000 upfront grant if he/she agrees to work as a court reporter for three years in a rural county – which means any county except for Oklahoma or Tulsa counties – O’Neal said.
Court reporters don’t need a college degree but they do have to provide the stenotype machine (called a stenograph) themselves, “and it’s expensive,” she said. There are “a few different types” of the machines and requisite software.
Candidates also must pass a written test “and a lot is just speed on the machine,” so trainees need to “practice, practice, practice,” she said.
Some schools offer courses featuring curriculum tailored for court reporters. For example, Oklahoma State University-OKC advertises on the internet an 18-month program for primary work. Learners usually require additional speed building training to meet industry standards.
To be qualified as a legal, certified court reporter, a candidate must have a typing speed of up to 200 words per minute with an overall accuracy rate of 97.5%. Training takes about 24 months to complete, O’Neal said.
Other states, including neighboring Kansas, are experiencing the same problem, she said.