Shared from Coalition to Capture the Record Article:
The court reporting industry is at a turning point, facing a growing shortage of stenographers as older professionals retire and recruiting and retention efforts struggle in courtrooms across the country. As fewer students pursue traditional stenography methods, many are looking to digital court reporting as a viable and accessible career path to meet the need. Few understand this shift better than Merritt Gilbert, CER, CDR, FPM, the Director and lead instructor of digital reporting and legal transcription at BlueLedge, an online training company for court reporters and legal transcriptionists.
Merritt’s career in court reporting began at Orange Legal in Florida, where she worked her way through nearly every aspect of the business—from transcript production to scheduling. She became a certified electronic reporter (CER) in 2013 and has since dedicated herself to training the next generation of digital reporters. Now at BlueLedge, she designs curricula to prepare students for AAERT certification and provides continuing education for those already in the field.
We spoke with Merritt about the state of the industry, the growing labor shortage, and how new technologies are shaping the future of court reporting.
Q: What inspired you to become a court reporter?
A: Court reporting has always been a part of my life—my mom was a court reporter, so I grew up around the profession. During high school and college, I worked with her at Orange Legal, helping with various aspects of transcript production. After college, I joined the agency full-time, gaining hands-on experience in reporter scheduling and transcript quality control.
What truly fascinated me was the process of capturing the record—it’s not just about capturing the spoken word but also about following all the rules of legal procedure that apply to court reporters and countless other protocols and processes that reporters must learn. As I explored different reporting methods due to a lack of stenographers in our state, I saw an opportunity to expand the profession by incorporating digital reporting. I launched digital reporting services, hiring and training a new generation of digital reporters. That experience reinforced my belief that court reporting isn’t just about the method of capture—it’s about the skill and dedication of the professional ensuring the integrity of the record.
Q: What makes for a good digital reporter?
A: A proficient digital reporter is committed to preserving the record with accuracy and integrity. Through comprehensive training and guidance from experienced mentors, digital reporters develop the essential knowledge and skills required for their role.
All reporters must be well-trained to fulfill their responsibilities effectively, whether utilizing stenography, voice writing, or digital reporting capture methods. A skilled digital reporter is dedicated to continuous improvement, actively pursues AAERT certification, and upholds best practices. This includes testing equipment before proceedings, monitoring audio quality in real-time, intervening when necessary to ensure complete and accurate transcription, and maintaining a backup audio recording as a safeguard.
Regardless of the method used to capture the record, all court reporters are responsible for:
- Capturing every spoken word during proceedings using their specialized software and equipment
- Following legal procedures in accordance with federal or state rules
- Acting as neutral third parties to protect the integrity of the record
- Performing readbacks upon request
- Researching and verifying proper nouns to ensure accuracy
Q: Some critics suggest digital methods devalue the profession, the professional?
A: There is a difference between digital reporting and digital recording. Digital recording is the technology. Digital reporting is the trained, qualified human who uses digital recording technology. Technology is the mechanism by which we capture the record, and all methods of court reporting use technology to capture the spoken word. The biggest threat is when no court reporter is present to capture and protect the record. Technology alone does not replace people. We have to have human oversight and someone accountable to what is produced.
Q: What’s your take on courts that are allowing “electronic reporting,” which is unmanned recording of audio, in states like California where the shortage of court reporters has reached crisis levels?
A: I have experienced a shortage of stenographers when I worked for a court reporting agency. I can tell you the solution is to still use qualified and trained court reporters, and for the courts to do this, they must allow all capture methods in the courtroom. Digital court reporters can be trained in months, offering a more scalable solution to the current shortage of court reporters. By integrating digital court reporters instead of relying on unmanned systems, courts can modernize their court system while upholding the highest standards of accuracy and fairness.
Court clerks and judges are tasked with numerous responsibilities during proceedings, making it impractical for them to also serve as court reporters. Effective digital reporting requires active listening, real-time monitoring of audio quality, noting speaker changes, and researching proper nouns — all tasks that demand undivided attention. By monitoring the audio recording in real-time, court reporters hear when a microphone has not been unmuted or when a cord is accidentally unplugged or becomes frayed. Expecting clerks or judges to manage these duties in addition to their existing workload will compromise the quality and accuracy of the court record. And that record cannot be adequately certified if a trained digital reporter did not monitor the recording. We are protecting people who need access to justice, people who need to rely on an accurate transcript. America guarantees people have their day in court, and when that proceeding isn’t captured and certified, there’s no opportunity for appeal.
For courthouses seeking to train personnel for these roles, BlueLedge and other AAERT-approved training programs provide comprehensive training in digital court reporting and legal transcription. These courses ensure that graduates are well-prepared to handle the demands of the profession.
What do you think about using AI to create the legal transcript?
A: While AI can assist in the creation of a legal transcript, it should complement, not replace, human oversight. A balanced approach would involve integrating AI tools to support court reporters, enhancing efficiency without compromising accuracy. This collaboration can lead to a more modernized court system that leverages technology while maintaining the high standards required for legal proceedings.