HD21 - Study on the Video and Audio Recording of General District and Circuit Court Proceedings


Executive Summary:
Major Issues and Findings:

House Joint Resolution No. 155, adopted by the 1998 General Assembly, requests the Judicial Council of Virginia “to study video and audio recording of general district and circuit court proceedings.” The resolution cites the following factors as considerations for the investigation of record making technologies:

• the current availability of technology which allows for the inconspicuous video and audio recording of court proceedings;

• the successful use of video and audio recording in the legal system and courts in presenting testimony and allowing public access to courts through the broadcast of court proceedings; and

• the potential uses of video and audio recordings including public education and record preservation.

Approach:

This study reviews the current policies governing the use of video and audio recording of court proceedings in Virginia. In addition, a nationwide review of statutes and a literature search were conducted to determine the extent to which other states use video and audio recordings specifically for the purposes of record preservation and public education. It provides both a description and comparative analysis of the three current means for making and preserving records of court proceedings: (1) traditional court reporting and computer-aided transcription techniques; (2) audio recording; and (3) video recording technology.

In brief, all three methods have been evaluated as readily capable of generating acceptable transcripts of the record for appellate review of trial court proceedings. Therefore, this report attempts to set forth some of the strengths and weaknesses of each method. It also reviews relevant recommendations made previously by study groups within the judiciary, specifically the Commission on the Future of Virginia’s Judicial System and the Judicial Council, on the issue of video recording.

Recommendations:

As the research conducted for the study concludes, each of the three methods of record-making and preservation have been found to be capable of generating acceptable transcripts for appellate review of trial court proceedings. Therefore, the Council concludes that so long as court reporting services are provided mainly by independent contractors, it is appropriate to allow courts to contract for services to be performed by any of the available court reporting options. Circuit court judges and clerks are encouraged to thoroughly review the strengths and weaknesses of each method of reporting. In addition, due regard should be given to advances in technology. When new court facilities are constructed or buildings renovated, consideration should be given to installing voice-activated video systems as recommended by the Futures Commission.

On the potential uses for video recording court proceedings for purposes of public education, all judges are encouraged to work with local media representatives, Bar groups and others involved in public education efforts to determine appropriate means for producing videotapes and other instructional materials on the judicial process and court proceedings. Videotapes and other materials may prove very useful in providing both school students and audiences of the general public a far more comprehensive and complete understanding of the operation of Virginia’s court system and its role as society’s primary forum for resolving disputes. Such tapes of actual proceedings from all levels of courts would most likely serve as a valuable supplement to the educational materials already developed by the judicial system and supplied to all primary and secondary schools in the state.