SOLUTION SUMMARY

PROBLEM/SITUATION: Court reporters are expensive and often produce trial

transcripts that are never needed again.

SOLUTION: Videotaping some types of trials produces an immediate, inexpensive record of a trial.

JURISDICTION: Salt Lake City and Ogden, Utah.

CONTACT: Eric Leeson 801/578-3831

As astonishing as this may sound, the cost of litigation is dropping in Utah. We have achieved significant savings by systematically and sensibly applying technology to the judicial delivery systems in our state. Most notable is our installation of systems over the past five years to videotape legal proceedings in our courtrooms.

By 1998, virtually all trials in Utah, except those involving capital and first-degree felony charges (armed robbery, attempted murder, etc.) and discretionary civil litigation, will be recorded by videotape without benefit of a human court stenographer transcribing the record manually. Currently, 21 courtrooms in Utah are wired for trial video, and an additional 33 will be online by 1998 -- 25 in our new, state-of-the-art judicial complex in Salt Lake City and nine in the new courthouse in Ogden.

We estimate that we will save about $166,300 per courtroom over five years by using video, even after paying the estimated $45,000 per-courtroom cost of installing each video trial system. That works out to $7.5 million in savings in the first five years.

FROM THE BEGINNING

To understand how we came to use video trial in Utah, it is instructive to look at Utah's history of recording legal proceedings. Prior to the mid-1980s, Utah -- like other states -- used only human court reporters to record legal proceedings. These talented individuals have long been admired for their speed and accuracy. But at $48,000-plus a year in salaried benefits and charges of up to $2.50 per page for transcripts, reporters are expensive.

Moreover, because only 7 percent of all trial verdicts are appealed and need transcripts, written records are unnecessary in the vast majority of cases tried here.

AUDIO EXPERIMENT

In the late 1980s, Utah began experimenting with audio recording of trials. These early efforts proved problematic because the recordings were often unintelligible; in some instances, trials were recorded on single track systems which produced indecipherable records. When a written record was required, human court reporters complained bitterly that they couldn't hear what had been said.

But the difficulty with the audio experiments did not dissuade Utah from seeking an alternative to total reliance on court reporters. In 1990, we convened the "Commission on Justice in the 21st Century" to determine the best uses of technology in the courts, and one of the issues it addressed was electronic recording of proceedings.

In our view, the problem with court reporters was more than economic. Court reporters in Utah at that time were quasi-judicial employees who worked specifically for one judge. This unique status meant that they were governed by the judges rather than state employment rules. Thus, if a judge took an afternoon off, the court reporter was not held accountable for his/her time -- while other state employees worked full days. As you can imagine, this caused considerable morale problems.

It was in this climate that we first decided to try trial video systems. In 1991, we obtained seed money for two pilot video projects, and money for two more the following year.

From the outset, we knew selecting a vendor for these projects would be critical because the systems had to work well and consistently. Our judiciary was wary of the project, and the court reporters were concerned. Any serious mistakes, breakdowns or failures in service could be extremely costly in terms of support.

PILOT LESSONS

Through the pilot program, we were immediately struck by two important realizations: (1) video trial systems saved considerable amounts of money, and (2) video trial systems did not eliminate the need for court