When we talk about transparency in the justice system, most people think of court proceedings, disciplinary boards, or appellate rulings. But before any of those oversight bodies can even evaluate misconduct, one tool makes accountability possible: the court transcript.
What Are Court Transcripts?
A court transcript is the official written record of everything said during a court proceeding. From the judge’s rulings, to witness testimony, to objections and sidebars—it’s all captured. Transcripts are more than just paperwork; they are the historical record of justice in action. Without them, appeals, complaints, and misconduct claims would be nearly impossible to prove.
This isn’t to say they’re perfect, because they often are not. I have yet to see a court transcript that doesn’t have a typographical error or an (inaudible) designation.
Why They’re Important
Despite this, court transcripts are relied upon by professionals throughout the field, especially for those who were not there the first time around. They’re counting on the court recorder to get the record right.
- Appeals and Post-Conviction Relief: A transcript is often the difference between a dismissed appeal and a successful one. Errors in jury instructions, prosecutorial misconduct, or improper rulings show up in black and white.
- Judicial Oversight: Bodies like the Judicial Tenure Commission depend on transcripts to assess whether a judge acted outside the bounds of the law or displayed bias.
- Public Accountability: For journalists, watchdogs, and the public, transcripts provide a factual record that can’t be brushed aside as “he said, she said.”
- Consistency: Transcripts ensure that courts remain accountable to their own words and rulings.
Who Completes Them?
Court reporters (sometimes called stenographers) are state-licensed professionals who use specialized equipment to record every word spoken in court. Their role is critical; accuracy is of the utmost importance. In some jurisdictions, digital recording systems supplement or replace live reporters, but the transcript is still prepared by a trained transcriber who certifies its accuracy.
I argue this practice should be done away with, and could easily be replaced by video and AI, but we’ll come back to that.
How to Request a Transcript
If you need a transcript, it all begins with the court in question:
- Identify the Case: Know the case number, parties involved, and the specific date of the hearing or trial.
- Contact the Court Reporter’s Office: In Michigan and many other states, each courthouse has a records division or reporting office that manages transcript requests.
- Submit a Formal Request: Some courts have request forms on their websites, while others require direct contact with the assigned reporter.
- Expect a Cost: Transcripts aren’t free. Reporters are contracted employees, and typically charge per page, and expedited requests cost more. If you’re indigent, you may ask the court to cover transcript fees for an appeal.
- Keep Copies: Once you receive a transcript, store both digital and physical copies. They can become vital for appeals, motions, or oversight complaints.
The Future of Transcripts: A Space for AI to Step In
This is one area of the justice system where artificial intelligence could absolutely streamline and revolutionize the industry. AI-powered transcription tools are already used in medicine, media, and corporate boardrooms. Applied to courts, they could:
- Reduce Costs: AI-generated transcripts could cut down per-page fees, making transcripts accessible to more defendants and families.
- Speed Up Access: Instead of waiting weeks, litigants could receive same-day or even real-time drafts. Which some people may argue courts keep court reporters as well as other inefficiencies to create intentional slow downs.
- Improve Oversight: Pairing AI with searchable databases would let watchdogs, journalists, and the public track judicial behavior across thousands of cases; something that can be difficult to do with paper-bound transcripts (but not impossible).
- Supplement Human Review: Court reporters could shift from typing every word to verifying AI drafts, blending accuracy with efficiency.
Why Video Would Be Even Better
As valuable as transcripts are, they still flatten human communication. Tone, body language, pauses, and emotional cues, all of that is lost once words hit the page. That’s why video recordings of court proceedings would be the gold standard. With video, there’s no room for ambiguity about how something was said, who interrupted whom, or whether a judge rolled their eyes at a defendant’s lawyer or screamed at someone.
Unfortunately, many jurisdictions resist cameras in the courtroom, citing concerns about privacy, intimidation, or disruption. But in truth, I believe it’s because no one really wants to be held accountable. I don’t think it’s coincidence that we see more Judicial Tenure Commission complaints since we’ve embraced Zoom Court and livestreaming.
Until the powers that be relent and realize the benefits of video recordings, transcripts remain the closest thing we have to a full and permanent record. They’re not perfect, but they’re the foundation on which appeals, complaints, and oversight are built.
Why This Matters Right Now
Today’s conversation about the Judicial Tenure Commission reminds us: holding judges accountable is not at all easy. But without transcripts and video recordings, it’s nearly impossible. They’re the receipts, the paper trail, the truth when memory fails and power resists oversight.
If you’re filing a complaint, seeking an appeal, or just trying to understand what really happened in a courtroom, don’t underestimate the power of a transcript. And as technology advances, we should be pushing for faster, fairer, and more affordable access, while never losing sight of the fact that video would serve the public even better.
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