Reporters and Habitat for Humanity • Sharing Reference
Transcription
Reporters and Habitat for Humanity • Sharing Reference
silver statements A Q UA RTERLY PUBLIC ATION OF THE NE VADA COURT R E P O RT E R S A S S O C I AT I O N SUMMER 2009 Reporters and Habitat for Humanity • Sharing Reference Resources Las Vegas Reporting Program Winding Down • Dressing for Success New Laws Take Effect 2 B OARD O F D IR E C TO R S President Lori Urmston (775) 826-2744/fax (775) 825-5335 [email protected] President-Elect Peggy Isom (702) 396-6970/fax (702) 396-0465 [email protected] VP-North Lisa Young (775) 287-2811 [email protected] VP-South Mary Cox Daniel (702) 263-6487/fax (702) 263-7921 [email protected] Treasurer Susan Culp (775) 787-6154 [email protected] Secretary Marcia Ferrell (775) 835-8945 [email protected] Director - North Cecilia Vohl (775) 827-0672/fax (702) 827-5850 [email protected] Director - South Kristy Clark (702) 306-3278 [email protected] Director At Large Barbara Johnson [email protected] Past President Gayle Pichierri (702) 260-9992/fax (702) 260-9973 [email protected] w w w. nvcra. org SILVER STATEMENTS Silver Statements is a quarterly publication of the Nevada Court Reporters Association, issued spring, summer, fall and winter. Statements of fact or opinion are made on the responsibility of the author or advertiser alone and do not imply an opinion on the part of NVCRA. Silver Statements reserves the right to edit or reset materials submitted for space or aesthetic considerations. Silver Statements does not verify the content of any ad and is not responsible for the representations made therein. Please send articles, comments, letters or personal anecdotes to: Kevin Daniel Email: [email protected] MISSION STATEMENT Dedicated to advancing professionalism among Court Reporters by promoting high ethical standards, providing continuing educational opportunities and advocating technological advancements while nurturing goodwill and unity among its members. ADVERTISING RATES Business Card Quarter Page Half Page Full Page $20 per issue/$60 Annual $40 per issue/$120 Annual $60 per issue/$180 Annual $80 per issue/$240 Annual Please submit all advertisement material as digital files to the Editor via e-mail; [email protected]. All advertisement material must be confirmed as received prior to submission deadline. No late submissions will be accepted. Digital files are to be in *.tiff, *.jpg, or *.pdf formats. For questions or for a copy of NVCRA’s Advertising Policy, contact the Editor via e-mail. Design and/or layout consultation is available at an additional charge - Please contact the Editor for further details. Deadline for submitting articles, advertisements, et cetera, for the Spring Issue of Silver Statements will be Friday, September 18, 2009. on the cover NVCRA members working for Habitat for Humanity. Photo by Barbara Johnson. 3 S U M M E R 2 0 0 9 president’s message The last few months for me personally have been busy ones. One of my sons was married in June and one of my sons was here for two weeks of leave from Afghanistan. During those busy times, having just come off the preparations for the state convention, I really wanted to limit my involvement with anything having to do with court reporting. However, during that time the e-mails were flying across my computer from all over the country from people who were at least as busy as I was, if not busier, some who were fighting battles and winning, some who were fighting battles and losing, and some who are still out there fighting. Having had licensure for court reporters in Nevada since 1973, it’s hard to imagine how many states are still fighting to obtain legislative licensure for court reporters in their state. On June 8, by unanimous vote, Tennessee was successful in passing legislation for licensure for the court reporting profession. On June 10 the Budget Committee of California rejected a proposal to replace official court reporters with digital recording. And this was the third attempt since the first of the year to replace court reporters and the third time the court reporters of California banded together and fought a valiant battle and won! On June 16 California court reporters scored another win when the Senate Business and Professions Committee rejected the Governor’s proposal to eliminate the Court Reporters Board of California. On May 12 a Delaware Justice vacated contracting rules and disbanded the CSR board. In Iowa, due to the state’s budget crunch, the state’s chief justice has appointed a committee to recommend a plan for the state’s reporting system by the end of the year. In each of these cases, there are busy court reporters out there volunteering their time, writing letters, making telephone calls and their efforts are paying off. From all of us in Nevada, I want to extend our thanks to each of them for their support of our profession. On the home front, we lost our battle at the Legislature regarding SB34 which now allows preliminary hearings to be reported by a court reporter or recorded by the use of “sound recording.” We couldn’t overcome the reality that “sound recording” is allowed in District Court and the argument from the Justices of the Peace that they just wanted parity with District Court, although every Justice of the Peace reiterated over and over again their satisfaction and respect for the court reporters working in their courts. During the legislative session there was an agreement from all parties involved, confirmed by Chief Justice Hardesty, that a commission will be appointed to study all aspects of court transcripts, including quality, timing and cost. The Association has written a letter accepting Judge Hardesty’s invitation to have court reporters appointed to this commission and we are awaiting his reply. As we look forward to the next legislative session, especially with what is expected to be a lot of new faces due to term limits, we all will need to work diligently to educate anyone and everyone we can on what it means to be a court reporter and why there’s no question that if you want the biggest bang for your buck a live court “We all will need to work diligently to educate anyone and everyone we can on what it means to be a court reporter.” reporter is the only way to go. As we deal with these issues, we will be calling on each of you to help us reach our goals of what is best for our profession and for the general public. In August two of the Association’s Board members will be delegates at the National Committee of State Associations meeting. NCSA is the liaison between NCRA and the state associations. We welcome your thoughts or comments regarding issues that you would like to be addressed at the National level. If you would like to post a comment at www.nvcra.org, we will take your concerns and comments with us to Washington, D.C. Finally, I would like to acknowledge two people who left the Association board in March. Gayle Pichierri served for the preceding two years as the President of the board, having spent approximately ten years actively involved, from chairing the convention committee, to attending intense leadership training, to ultimate responsibility for our entire organization. On behalf of all of us, I want to thank her for her devotion to our profession, not only in terms of service, but her effectiveness in helping make us a stronger association. Carol Hummel left the board as Director at Large, although she continues to act as the Special Events Chairperson for the northern Nevada area. Carol also has spent many, many years following through on her commitment to the court reporting profession, and as long as she wasn’t off traveling to some faraway land, all you had to do was ask Carol to do something and it was done. I hope everyone has a safe and funfilled summer! —Lori Urmston 4 w w w. nvcra. org Reporter Profile Name: Susan Culp Also known as Susan Kiger. And way back when, I was also known as little Susie Stubbs! City: Reno, Nevada. Born and raised! Type of reporter: Freelance reporter who has dabbled a bit in the CART world. Certificates/Licenses: Licensed in the state of Nevada. Am working on Karen Yates’ 10 X 10 campaign to earn many more certifications. Years reporting: 21 years reporting. (Holy, Cow! I must have been 10 when I started!!) How did you get into reporting? Well, I was 18 years old and my mom apparently felt I was at risk of having way too much fun in life, so she informed me she found a great college for me to attend, and, “Oh, by the way, school starts in a month!” So I thought it sounded like something that may just work for me. The real clincher was I was an 18-year-old kid who was going to have my own apartment and move 250 miles away from parental supervision! My mom sent my sister to school with me hoping she would “watch over me!” Little did Mom know, Lynn and I would become the best of friends! The rest is history! Moms are the smartest! Anything memorable about your first job? My first job was a workers comp case against the Sacramento Bee, and I was going to throw up! Hobbies: My children are my greatest hobbies! And because of this wonderful profession, I’ve had the opportunity to watch them grow On the Record Submitted by Carre Lewis and be an active part of their world! I have been to so many Little League Baseball games, I have a permanent imprint of the bleachers on my hind end! My oldest son, Erik, started baseball in 1994. My youngest, twins Justin and Jesse, will start little league in the Spring of 2010. Darn good thing I love the game!! A book you recommend: Go Dog, Go! It was just as good 40 years ago as it is today! Like I’ve said, my life is all about my kids! Three famous people you’d like to share dinner and conversation, and which restaurant: Miss Piggy, because like myself, she is a Princess in her own mind! She could give me wonderful tips! Tim Lincecum, I’m certain he’d have words of wisdom I could give to my son Chris. And John Holland, famous psychic, to give me words of encouragement from loved ones I miss! And this would all take place at any Mexican restaurant! Q. So you were retired, sitting at home, and decided, hey, maybe I’ll get out of the house for a little bit and take on a part-time job? Is that fair or not? A. No, that’s not fair at all. I wasn’t sitting at home. I was enjoying my life. I was going dancing every night and having a good time. Q. So then what made you decide to go back to work? A. I just decided I was tired of laying around doing nothing. 5 S U M M E R 2 0 0 9 Tips for the New Professional: A Legacy of Sharing by Kevin Daniel, CCR 710 “Knowledge is of two kinds. We know a subject ourselves, or we know where we can find information upon it.” —Samuel Johnson “There is no knowledge, no light, no wisdom that you are in possession of, but what you have received it from some source.” —Brigham Young I’ve been reporting for over 38 years now. I was barely old enough to hold a notary commission when I was hired as an official reporter in Okemah, Oklahoma. I owned the state-of-the art in stenotype machines, a Stenograph Reporter Model, $200 new. The Deluxe Carrying Case was an additional $50. I used to laugh out loud when someone asked me if I needed to plug in my machine. Used Stenorette dictation recorders could be picked up for anywhere from $50 to $150, and I dictated my notes and sent them by U.S. Postal Service to a transcriber who provided multiple copies of transcripts by using carbon paper and a typewriter. But this stroll down foggy memory lane wouldn’t be complete without a description of a working reporter’s reference library in 1971 when I began reporting. I remember visiting a busy freelance office in Wichita, Kansas, a veritable metropolis with a population of 250,000. Okemah, by comparison, boasted just over 2,000 inhabitants. Behind the desk of the firm’s owner and star reporter were shelves and shelves lining the walls of his office, and every shelf was jammed full of reference materials. I recognized many of the books, such as Dorland’s Medical Dictionary and Black’s Law Dictionary. I can remember phone books occupying vast quantities of shelf space, and on closer examination I noticed that not only were there phone books from virtually every city, town and burg in Kansas, but there were phone books for many of the major cities going back 10 years and more. When I asked why they kept the old phone books, I learned that names of deceased doctors, lawyers and witnesses could often be found in old phone books, as well as defunct businesses and addresses of businesses, witnesses and parties. It was a library accumulated over years, and its value as a reference tool was inestimable. For the first time, I saw the Register of American Businesses, a huge multi-volume set of books containing a seemingly inexhaustible list of names of companies throughout the United States. I was in awe at the wealth of resources at the fingertips of reporters working at this firm and I quickly saw one of the advantages of working for a large firm. Around this same time, I attended a seminar by a seasoned reporter who had been reporting in the same geographic area for many years (though I’m sure less than my current 38 years), and he displayed a recipe card box of 4x6-inch cards containing handwritten resume summaries of every doctor he had ever taken testimony from. Here was another reporter resource that American Express would describe as “priceless,” and indeed it was. My eyes had been opened to potential tools every good reporter should have, and I set off in earnest building my own reference library, purloining phonebooks from motel rooms wherever I traveled. Fast forward to 2009, and as I sit at my desk writing this article, on the shelf to my left I still have a number of reference works in print: A dog-eared, hardbound Webster’s Ninth New Collegiate Dictionary; Morson’s English Guide for Court Reporters; my CAT software manual; and style manuals from freelance firms for whom I work. In my extended library “annex” in another room, I still have Dorland’s and Black’s, along with The Merck Manual and Means Illustrated Construction Dictionary (indispensable in construction-defect-ridden Las Vegas). Several shelves are still lined with other works, such as Dictionary Schmictionary, Dictionary of Slang, and the like, but for the most part, the books in the annex are gathering dust these days. Which brings me to the point of this article, which is reference resources for court reporters. I’m sorry it took me so long to reach this point, but it seems all the articles I write these days have to begin with a history lesson about how rough we had it “in my day.” I want to concentrate on two excellent online resources that many of you are aware of and I want to point out how they can make the life of the working reporter so much easier. The two resources are SearchMaster, and Mr. Modem’s Newsletter and website. I’ll begin with SearchMaster. It’s a program that is the brainchild of a former transcriber named Jim Barker. Here’s a description of the program from the SearchMaster.tv website: SearchMaster is a Windows program designed specifically for court reporters, scopists, proofreaders, and text editors. SearchMaster is installed to your hard drive, from a CD, so that you can conduct the overwhelming majority of your research without going to the Internet or opening a book. • SearchMaster provides tools for conducting research in over 200 glossaries containing over 9.25 million references. • Allows users to view, search, and index single and multiple ASCII files/transcripts. Create a wildcard-searchable database of your transcripts in SearchMaster and you can locate any word, any number, any name in those files in seconds, even if you don’t remember the correct spelling. • Contains powerful Internet search engines. • Contains links to over 100 Internet research sites. • Allows users to find (and open) any files anywhere on their “My eyes had been opened to potential tools every good reporter should have.” 6 computer in seconds. • Allows users to highlight text directly from Web sites and copy that text directly into SearchMaster files for later viewing, searching, and/or indexing. • Provides tools for creating, searching, displaying, and indexing custom-made indexes and data files. If you’re not familiar with SearchMaster and its glossaries, you should visit the website at: www.searchmaster.tv and discover the depth of this mind-blowing resource. I use several of the glossaries almost on a weekly basis. There’s the Medical/Drug glossary where I can search medical terms and drug names using only letters I’m confident appear in the words. For instance, If I wanted to find out how to spell “sciatica,” I might start with “s*i*t*a,” (using the asterisk as a wildcard character). “Sciatica” would appear, with a great many other words that fit those parameters. I could either scroll through the alphabetical list or refine my search with more guesses as to the spelling until I find the word I’m looking for. If I’m not sure if this is the correct word, I can look it up in the digital Webster’s Unabridged Dictionary that SearchMaster sent me with my last subscription. The dictionary can be integrated to work from within SearchMaster or as a stand-alone program on your computer. Or you can right click on the word and send it to Google or one of several other reference resources for further research. The second glossary I use regularly is Colleges and Universities, which lists virtually every college and university in the world, along with the city and state where they’re located. There’s also one that lists high schools in the U.S. Thirdly, there’s Cities. You can search cities around the world by spelling or by state. Not sure if a city in South Dakota is spelled as one or two words? Look it up in SearchMaster. Oh, and remember the volumes of the Register of American Businesses I first saw back in the ‘70s? There’s a glossary in w w w. nvcra. org SearchMaster called Top Companies. I’ve saved the best glossaries for last: Doctors and Dentists, and Attorneys. There are over 1.2 MILLION doctors and dentists listed by city, state and specialty. There are over 1.3 MILLION listings of attorneys by city and state. Hmm, why would a court reporter ever need that kind of information? I’m sure you’ll think of some reason. But the glossaries are just one facet of SearchMaster. Let me tell you about my personal favorite feature in SearchMaster. I use Eclipse CAT software, and it is configured so that every time I create an ASCII in my software, a copy goes into a directory that is tied to SearchMaster. In that directory is an ASCII of every job I’ve done since I started using Eclipse. Using SearchMaster, I can select any or all of those jobs and do a search for words, names or numbers -- with or without wildcard characters — across the span of several years. If I run into an attorney I haven’t seen in some time and we’re chatting about how long it’s been since we last worked together, I can plug his name into the search field and it will show me – in context – each and every job where he appeared on my appearance page. I can then open the file(s) and see the entire deposition, including the caption. That usually sparks a conversation about my software and the power I have at my fingertips to search every one of the several hundred depositions I’ve taken in the last 6 years. I usually casually mention that I’ve never heard of ER or voicewriters being able to do that. And remember that recipe file box of doctors’ resumes the seasoned reporter kept back in the ‘70s? That’s replaced, too. I can search for every time I deposed any doctor and see the full context of his testimony. I’ve only scratched the surface of SearchMaster, but if you’re intimidated and think you could never learn to use these powerful features, think again. SearchMaster comes with an extensive video tutorial, narrated in the famous mellifluous voice of Jim Barker himself. You can even get NCRA CEUs for completing his tutorial. “There are over 1.2 million doctors and dentists listed by city, state and specialty.” calendar of upcoming events NCRA Annual Convention & Exposition August 6-9, 2009 Gaylord National Resort & Convention Center National Harbor, MD For more information: http://ncraonline.org/Events/Annual/?referrer=%2fdefault.htm Nevada CCR Exam Saturday, September 19, 2009 University of Reno Joe Crowley Student Union Bldg. 1665 N. Virginia Street Reno, NV NVCRA South Christmas Party Saturday, December 5, 2009, 6:00 p.m. Bootlegger Restaurant 7700 Las Vegas Boulevard, Las Vegas, NV NVCRA Annual Convention March 19-21, 2010, M Resort and Casino, Las Vegas, NV, featuring Mark Kislingbury’s Realtime Workshop NCRA 2011 Annual Convention Bally’s Las Vegas Las Vegas, NV 7 I’m confident in saying that if you’re not already using SearchMaster as your primary reference resource, you’re wasting valuable time and money. But wait! You say your budget is strained this quarter and you’ll have to delay your purchase of SearchMaster? There’s a reference webpage created by Jim Barker that is the home page on all of my computers. The address is: http://www.gosearchmaster. com/. Contained on this FREE web page are links to One-Look Dictionaries; Phonetic, Wildcard Dictionary & Thesaurus; Acronym Finder; and much, much more. My second pick as a court reporter resource is Mr. Modem, aka Richard Sherman. Richard was a court reporter in Phoenix, Arizona with the firm of Lea, Sherman & Habeski for 33 years. He was given NCRA’s Distinguished Service Award in 2000 for his contributions to the field of court reporting and holds the RDR certification. His interest in technology became a passion, speaking in seminars and keynote addresses – more than 500, in all – before he “retired” from the speaking circuit – and court reporting -- to become an advice guru on almost all subjects relating to computers and the internet. (Sorry – Macs not included, though a smattering of Linux is.) If you missed attending one of Richard’s seminars in the ‘80s and ‘90s, you missed hearing one of the most entertaining speakers on the circuit. At national reporter conventions, his seminars were standing room only. Richard assumed a super-hero identity (sans flowing cape) as Mr. Modem some years ago. Since then, he’s appeared on more than 400 radio and TV talk shows. He writes a nationally syndicated column that appears in more than 300 publications in the U.S. and Canada, and his “Mr. Modem’s Desktop” column appears each month in Smart Computing magazine. He is host of the “Mr. Modem Minute” on FOX-TV, and for the past eight years, he has co-hosted the weekly “Gutsy Geeks” radio show (www. gutsygeeks.com) on KFNX-AM in Phoenix. If you’re a member of NCRA, you’ve no doubt read some of his columns in the JCR. Beginning with this issue of Silver Statements, excerpts of Mr. Modem’s column will appear in these pages, thanks to his largess. For this article, though, I want to mention Mr. Modem’s Newsletter. Since early 2003 I have been a subscriber to his weekly newsletter. I know that date with specificity because I still have copies of every issue I’ve received since I subscribed. The cost is $4.95 per month, and I’ve been assured he has no intention of raising his rates now or in the future. The newsletter covers entirely different ground than SearchMaster. If SearchMaster became a replacement for the shelves of reference materials I used to have, Mr. Modem has replaced the computer expert that used to live next S U M M E R door, the go-to guy on all things computer. Mr. Modem covers Windows, the Internet and the World Wide Web, all in an entertaining, humor-laced format. I can’t begin to list the array of topics he covers in both question-and-answer format from subscribers, as well as detailed reports based on his personal testing of the latest web browser, the latest version(s) of Windows, or the best anti-virus programs on the market. His always entertaining newsletter arrives in my e-mail every Friday morning and it usually goes unread for a day or two until I can fully digest and often implement his latest advice. As I said, I have every issue of his newsletter archived since I began subscribing in 2003, but Mr. Modem has every issue archived since he began writing his column. That archive – fully searchable – is on his website and available anytime to current subscribers. That archive alone is an incredible resource to anyone who owns a computer. But that’s not the best part. This may be the best-kept secret on the World Wide Web: Mr. Modem responds to individual e-mail inquiries on any subject regarding computers, and he usually responds the same day. You should really read that last sentence again and digest what I’m saying. Let me phrase it another way: For less than $5 a month, you have a world-renown computer/software expert on retainer to answer YOUR specific computer questions. In the last year alone I’ve asked for advice on the best current anti-virus software, advice on the best current backup software, and advice on the best current encryption software. The word “current” is key here because the answers to all three questions change from year to year, sometimes month to month, and Mr. Modem is usually on top of any subject, having tested multiple versions in each category. I keep a manila file folder in my desk containing pages ripped from computer magazines I read monthly, on topics I think I might need information on in the future. I’ve discovered from years of doing that, by the time I need a certain piece of information, what I’ve culled from magazines is usually outdated. Mr. Modem is nothing if not current. To subscribe to Mr. Modem’s newsletter, go to: http://www. mrmodem.com/site/newsletter.html. So now you know about two of the best tools in my court reporting toolbox. The benefits I’ve received from these two sources are incalculable, and I share them with you because others have shared their secrets with me, from the well-heeled Kansan with the reference library to die for, to the veteran reporter who dispensed his best tip on personal reference cards. I pay tribute to them by following their examples. “For less than $5 a month, you have a world-renown computer/software expert on retainer to answer YOUR specific computer questions.” On the Record Submitted by Kevin Daniel 2 0 0 9 Q. Do you agree that some patients can intentionally exaggerate their complaints of pain? A. Absolutely. I have a family member that does that, so I can definitely tell you that. Maybe it’s time For a second opinion… We won’t tell you that parts such as disk drives, motors or LCD screens are not available for your older machines! 888/ 367-7836 www.stenodoctor.com Tâà{ÉÜ|éxw fxÜä|vx cÜÉä|wxÜ 2324 N. Batavia Street, Suite 116, Orange, CA 92865 9 S U M M E R 2 0 0 9 Hammering for Habitat For Humanity by Lori Judd, CCR, RMR and Barbara J. Johnson, CCR, RPR, FAPR When we heard about NCRA’s partnering with Habitat For Humanity as part of the 2009 Midyear conference, we got so very excited. We wondered, though, if there would be enough volunteers to even fill a bus. In spite of the fact that some of us had arrived late the night before, at 7:15 a.m. April 16th, a busload — standing room only — full of court reporters pulled away. WAY TO GO COURT REPORTERS!! The volunteers came from all over the USA and Canada. Nevada was well represented: Peggy and Robb Isom, Lori Judd, Karen Yates, and Barbara Johnson. We left our 4-star Sheraton Downtown Hotel, some with Starbucks Gucci drinks in hand, sunblock and bug spray close by. Driving through the Ninth Ward, we could still see the devastation from hurricanes Katrina and Rita. We also passed by many beautiful, newly rebuilt homes, as well as vacant lots where homes once stood, and homes in various stages of repair and restoration. Our initial staging area was a section of the Ninth Ward known as Musicians Row. This is the brain-child of New Orleans-born pianist/singer Harry Connick, Jr. and saxophonist Branford Marsalis, who were dedicated to bringing back and giving the New Orleans musicians a home. Their dream was to provide a jambalaya of colorful homes for the jambalaya of singers, drummers, keyboardists, and all flavors of musicians the area is known to house. Because of the nature of making a livin’ by giggin’, it’s difficult for musicians to have the kinds of paper records normally needed to purchase a home. Musicians Row is an attempt to work with those challenges, as well as to provide a neighborhood where these musicians can get together with their neighbors for front-porch jam sessions. New Orleans is a place where there is always a band playing somewhere. Many of those bands started out as random, chance meetings between musicians. Many future New Orleans bands will likely claim their first “rehearsal” took place on Musicians Row. This new neighborhood depends heavily on volunteer labor. Here is where the project leaders gave us our first safety training sessions. We took a few pictures, and then they sent us to work a few blocks away with “Catfish” and “Tuna” who we later learned were not fish, but were nicknames of our site project foremen. At our project site were two homes. We split into two groups, one group to do the siding on the house to the left and the other group to ascend to the rooftop for the roofing project on the house to the right. Again, more safety instruction, and directions to pick up our continued on page 15 “Looking around, you could witness teamwork in action.” NEVADA CERTIFIED COURT REPORTERS BOARD 500 N ort h R ain bo w Bo u le var d, S uite 3 00 L as Ve ga s, Ne va da 89 10 7 Tel: 70 2-44 8-8 14 0 Em ail: NV C CR @a o l. c om W eb site: ww w. crp tr.s ta te. nv. u s July 2009 SENATE BILL 34 Effective May 22, 2009 Sponsored by the Association of Judges of Limited Jurisdiction NRS 171.198 is hereby amended to read as follows: 1. Except as otherwise provided in subsection 2, a magistrate shall employ a certified court reporter to take down all the testimony and the proceedings on the hearing or examination and, within such time as the court may designate, have such testimony and proceedings transcribed into typewritten transcript. 2. A magistrate who presides over a preliminary hearing in a justice court, in any case other than in a case in which the death penalty is sought, may employ a certified court reporter to take down all the testimony and the proceedings on the hearing or appoint a person to use sound recording equipment to record all the testimony and the proceedings on the hearing. If the magistrate appoints a person to use sound recording equipment to record the testimony and proceedings on the hearing, the testimony and proceedings must be recorded and transcribed in the same manner as set forth in NRS 4.390 to 4.420, inclusive. Any transcript of the testimony and proceedings produced from a recording conducted pursuant to this subsection is subject to the provisions of this section in the same manner as a transcript produced by a certified court reporter. ASSEMBLY BILL 509 Effective October 1, 2009 Sponsored by the Nevada Certified Court Reporters Board NRS Chapter 656 is hereby amended as follows: • Revises the definitions applicable to the provisions governing court reporters. • Reporting procedures to fulfill the educational requirements to take an examination for a court reporter’s certificate. • Provide similar treatment to disciplinary action for certificate and license holders. • Grounds for disciplinary action for untimely delivery of a transcript. Log on to our website at www.crptr.state.nv.us to view the NRS language in its entirety. Click on “Nevada Statutes and Regulations” to view Senate Bill 34 and Assembly Bill 509. 11 S U M M E R Rule 3E. Fast Track Child Custody Appeals — Page 1 2 0 0 9 12 w w w. nvcra. org Rule 3E. Fast Track Child Custody Appeals — Page 2 13 S U M M E R Rule 3E. Fast Track Child Custody Appeals — Page 3 2 0 0 9 14 w w w. nvcra. org Rule 3E. Fast Track Child Custody Appeals — Page 4 Printed from the Official Nevada Law Library from the SourceTM Copyright 2009 15 Habitat for Humanity continued from page 7 gloves, tool belts and our hammers! Now that conjures up a picture that shakes the soul of every court reporter: HAMMERS, NAILS and FINGERS! We were all pretty clumsy at first, but with the patient guidance and precise instructions of the Habitat supervisors, we started feeling more at ease with the task at hand. The supervisors inspected our work, always demanding quality. Do-overs decreased as the morning drew to a close. By afternoon, we were on a roll, and looking around you could witness teamwork in action. Egos were left at the hotel. The roofing crew finished their house; the siding crew almost finished. We were particularly proud to work on the siding for the front porch of “our” home. Who knows, maybe that porch will someday be the launchpad for a new band! We shared our project site with a group of four retiree volunteers from California, who were there at their own expense for the week. They seemed a little skeptical of our group at first, but as the day wore on, and they noticed our attention to quality and detail (some would call it obsession), they accepted us as one of the group and we became fast friends. We happened to see them a few evenings later while walking along Bourbon Street and it was like a family meeting after a long absence. They told us they were able to complete the siding on “our” house. I think we speak for our entire group when we say that this was a most rewarding experience. By investing our time, and risking our livelihoods by placing our beloved hands and fingers directly in harm’s way, we all invested a little of ourselves in the Ninth Ward of New Orleans. As court reporters, sometimes we feel our talents are unappreciated. After working on this project, we have a greater respect not just for those that work for Habitat for Humanity, but for the various craftsmen that design and build these homes, day after day. We’re also extraordinarily grateful that we get to make a living in a climate-controlled environment, free from the risks of flying nails and kamikaze hammers. On the Record Submitted by Kevin Daniel Q. Oh, okay. But that was the phone number you had at the time of the incident? A. Um-hum. I think so, yeah. Pretty sure. I think. I don’t know. S U M M E R 2 0 0 9 Court Reporting Takes Another Hit by Kristy L. Clark, CCR Everyone remembers court reporting school. Some of us have fond memories and for those others, not so fond. But whether you look back with nostalgia or disdain, one truth remains: Our lives were changed forever after finishing our schooling. My journey to becoming a court reporter started off with a simple commercial advertisement by the court reporting school I attended. In 1997, at the naïve age of 23, I had never even heard of a court reporter before. The idea interested me enough to make the phone call, head to the school, and eventually begin my journey into a career that I still love. At the time I began school, there were two schools in Nevada: Las Vegas College and Truckee Meadows Community College. Online programs were not even a possible alternative at that point. So every night I would make the half-hour drive to court reporting school and the half-hour drive back home. Not too many years ago, Las Vegas College again moved its campus, this time to Henderson, Nevada. This left many reporting students facing long commuting times to finish their education, but yet they still had the opportunity to finish them. It seems our profession is preparing to take another hit with the news that our ONLY reporting school in Nevada, Las Vegas College, will be discontinuing their court reporting program, as it does not fall in line with the other 9- to 18-month programs that they are offering. Students currently enrolled in the program will be allowed to finish out their coursework, but no new students will begin. And although we will still be left with online court reporting programs, this is often not a viable alternative to the student that needs the discipline of the classroom setting. What this means to our profession is that we will have no one to turn the torch over to in years to come if we do not have the students coming out of a school that has prepared them adequately for the demands of our profession. We will be unable to fight electronic recording when we cannot offer the manpower to work our courtrooms. Years ago we lost the fight to ER in the district court courtrooms, and now we are on the verge of being pushed out of the justice court courtrooms. If Nevada stops producing new reporters from its schools, we have no chance to keep up with the demand of producing transcripts for trials, arbitrations, mediations, depositions, and the like. Attorneys and judges will be forced to turn to other methods for making the written record. Although at times work is slow in our field and we’re competitive for jobs, we cannot forget that smaller numbers of court reporters do not equal “job security.” Smaller numbers equal replacement of court reporters. I believe finding a way to keep court reporting schools in Nevada is a subject that every reporter in Nevada should hold close to their heart. After all, this is the profession you chose and spent those countless hours practicing behind your machine in order to get that elusive CCR number. 16 Dear Fellow Reporters: Twenty-plus years of reporting experience and I had my eyes opened today! I was waiting in the deposition office as it was yet to be determined which of the two deposition suites I was going into (there were two depos scheduled for the same time), when in walked the other court reporter. Now, here I was in black Ann Taylor kitten-heel slides, a longish black print skirt, silk blend shell and black casual blazer, not overtly tailored, but a jacket nonetheless, an outfit that I consider to be pulledtogether business appropriate. I opted not to wear pantyhose as it was 110-degrees out (my Las Vegas summer guilty pleasure) and I had my hair up in a tidy bun, nice barrette, refined jewelry, makeup. Now, I may not have a “happening” figure (admittedly some days I might body-wise resemble Danny DeVito in drag), but one thing I’ve learned from lo those many years of watching “Perry Mason” is that dressing sharp can cover a multitude of proportional sins. The other reporter -- a woman in her 30’s, I’m guessing — arrived wearing tall stiletto platform red-vinyl peep-toe pumps, tight black pants, a shiny belt, a low-cut striped, nearly sleeveless tight t-shirt, mussed hair, smacking gum underneath a blinding load of lip gloss. My first thought was “What disco is open at this hour?” And then my thoughts got a little sadder. Now, maybe my age is catching up with me or maybe my fashion sense is stuck in perpetual conservative mode and I’m not hep to the latest fashion trends, but in the first three seconds it takes to make an impression, I wasn’t discovering a whole lot of professionalism in my co-careerist. I am not sure what kind of image she was trying to project. It certainly wasn’t youthful sagaciousness. This appearance was not something I would expect sitting in a board room of high-powered attorneys on a high-profile case. Indeed, I’m not even sure this is an appearance I would want to take home to introduce to my family. And I certainly wouldn’t advocate this look as the dress code for a reporting firm. I’m sure she’s a perfectly nice lady and an able performer of her duties, but it does the profession a disservice when one does not dress for the seriousness and solemnity of the part. We are active and (hopefully) respected members of the legal community and should resemble such, not resemble a party girl moonlighting in stenography. Am I a frump? I don’t think so, but nothing puts a kink in my tail quicker than something that diminishes the pride I take in my chosen career. Wake up, Reporters! You’re representing a whole lot more than just your own identity when you head out on a job. Look the part, act the part, be the part. —Reporter-at-large Andrea Angwin, RPR, CSR, CCR w w w. nvcra. org letter to the Fellow Court Reporters, editor Something very special happened to me, and I would like to share it with all of you. On April 5, 2009 my dad passed away. My family and I all thought we had been preparing ourselves for this. Well, I suppose the preparing helped us all a wee bit. However, my brain was in a fog, and I wondered how I would ever be able to do this job. You are probably wondering how that could be considered a special thing. Well, here’s the thing: I have been a court reporter now for 18 years. I have always thought the men and women who do this extraordinary job are just that, extraordinary. After Dad’s passing, I spoke with a friend, Lynn Stubbs, and was telling her what had happened. This is where the amazing part comes into play. Lynn, knowing me as she does, called me back a while later informing me that she had just found coverage for the court. I work over at the Reno Justice Court. Lynn said, “Lisa, I have your court covered for this next week so you can be home with your family. I called a few other reporters for help, too, and they have agreed to do this work for you pro bono. I will not take no for an answer. I just wanted to let you know it’s covered. Take care and be with your family. Bye.” I was able to get in an, “Okay, Lynn,” and, “Thank you.” When I hung up, I just stood there in awe. Then when my mom saw me standing there stunned she asked what had happened. I told her, “Mom, Lynn just called and has covered my court. They are going to work there pro bono to help me out.” Well, we both just hugged each other and lost it. There were tears and laughter. We looked at each other and said, “You see, amazing things do come from these types of events!” I wanted to share that story with all of you and give a special heartwarming thank you to Barbara Johnson, Susan Kiger-Culp, Carol Hummel, Liza Chapin, and Lynn Stubbs for their truly selfless act of kindness. Each of these women covered a day for me so I could be home. So thank you. I had planned to take the week of spring break off to be with my daughter. I was able to take two weeks off and be with my family and recover a little bit from the loss of my dad. I have often thought, how do I repay them for what they did? I really don’t know how, except to thank them all for doing what they did and sharing it with others so you too can be a part of a special event created by a few very special court reporters. They may not have thought it was that big of a deal; however, it was enormous to me. And my heart goes out to each and every one of them. I thank you all for being you and for doing that random act of kindness for me. You have all inspired me to do the same for others. When I see there is an opportunity to help someone just like you did with me, I jump at it because I know the impact it had on me. Perhaps it will have that kind of impact on them, too, and they will go forward and do the same thing and our world will become an even better place to live because of the little random acts of kindness we all can deliver. I thank you, ladies! —Lisa A. Young 17 S U M M E R 2 0 0 9 Congratulations to the following people who passed the Nevada certification exam held on May 9, 2009: Ewa Barnes Kristin Jackson San Clemente, CA Reno, NV Robert Cangemi Shirley Koch-Smith Mentor, OH Traci Dokich Newport Beach, CA Irene Nakamura-Yamatoku Corona Del Mar, CA Jennifer Gibson Henderson, NV Torrance, CA The CCR exam this year was given by video Andrea Picard Las Vegas, NV CCR Examinees at the May 9 exam On the Record Q. Above the total cost of repairs, it says “Violation.” Do you see that? A. Um-hum. Q. Violation reads, “Red light/reduce speed at intersection.” Is that correct? A. Um-hum. Q. Where did you learn that there was a violation described in that manner? A. Well, according to my report, I wrote it, so I must have gotten it from the police officer. Q. Do you know what you meant when you wrote “red light”? A. The violation was a red light. Q. Meaning what? A. The violation was a red light; that the driver of this vehicle violated a red light. Q. Does that mean he ran the red? A. It means he violated it. The violation that he received, I haven’t got a copy of his ticket. I don’t know exactly how it reads. Q. I’m trying to glean from your report what you meant when you put “red light.” A. I meant the violation related to a red light. Q. And would violate a red light mean he had a red light facing his direction, controlling his progress through the intersection and he failed to yield to that red light? A. If that’s what a violation of the red light is, yes. Q. I have to ask you, because it’s your choice of words, so I want to know what you meant? A. I meant that the violation was the red light. —Submitted by Kevin Daniel 18 Eavesdropping on Internet Activity Q. I have reason to believe that some inappropriate things are occurring with a member of my family on the Internet. Is there any way I can monitor what is happening online when I’m not around? Thank you so much for being there, Mr. Modem. I don’t know where else I’d turn. A. There is a software program called Spector that will do exactly what you want. When you install it, Spector runs invisibly, so no one is aware of its presence. Even if it is discovered -- which is highly unlikely -- it cannot be easily removed or disabled. Spector (http://tinyurl.com/3rrv6b) works like a surveillance camera, taking a snapshot of whatever appears on the computer screen and saving it in a hidden location on your computer’s hard drive. A few seconds later, Spector takes another picture. In fact, Spector can automatically take a picture of the screen as frequently as once every second. Spector ($69) will record all chat conversations, instant messages, emails typed and opened, all Web sites visited, all programs launched, all keystrokes entered, anything and everything that occurs on the computer and on the Internet. You can return to the computer a few hours, a few w w w. nvcra. org days or even weeks later, enter your password, and review exactly what transpired on that system in the interim. Q. Would I be wise to switch all my email to Yahoo! from my present ISP? A. I see many, many people doing that these days, switching either to Yahoo! Mail (http:// mail.yahoo.com) or Gmail (www.gmail. com). There is a definite trend in that direction, primarily because Web-based mail is so reliable, plus it eliminates the need for an email program such as Outlook Express, Eudora, Thunderbird, etc. There is also the added convenience of being able to access continued on page 19 19 S U M M E R 2 0 0 9 Mom Captions Graduation by Denise Phipps, CCR, RDR, CRR, CBC, CCP Captions Unlimited provides CART services for several high school students in the Washoe County School District. I have approached the district over and over again about providing captioning for their graduations. The school district hasn’t had the funding. But this year, the National Court Reporters Foundation was gracious and provided part of the funding to caption ONE high school graduation. It just happened to be McQueen High School where my son was graduating, too. One of Matt’s friends is also a student at McQueen who uses our services. He received a full ride scholarship to Gallaudet (the prestigious university for students who are deaf). The district really wanted to provide services at this particular graduation. As you can imagine, I was so honored to use my skills to caption this particular graduation. Of course, many of our friends and acquaintances from elementary school on up to high school were there. They know that Matt’s mom is a court reporter/captioner, but don’t really “know” what I do. At the beginning of the graduation, there was an announcement that captioning would be provided by Captions Unlimited, and I began to write. I was so nervous. I’ve done well over 100 graduations now, but this was particularly important to me that I not make any mistakes. As the graduates’ names are being called, I don’t write. There really is no way to get the names correct because there is no order and they are calling them out very quickly. So we write [PRESENTATION OF DIPLOMAS] and then sit and wait for the turning of the tassels. As I was sitting there, I would listen as the drum majors would bang on their drums when a band member would come out and “I’ve done well over 100 graduations now, but this was particularly important to me that I not make any mistakes.” Ask Mr. Modem continued from page 18 mail from any computer with Internet access. In addition, when it’s time to purchase a new computer, because your mail resides on Yahoo’s or Gmail’s servers, there is no need to transfer mail folders, settings, or configure a new email program on the new system. Using your browser, you simply log into your mail account and you’re off and running. You can also create a free, “disposable” address at Yahoo! Mail or Gmail and use it for online shopping or for Web site or prod- Denise Phipps on special assignment receive their diploma. I began to have an internal war go on: “I really want to write something when my son comes out. Should I or shouldn’t I?” So I spoke with the audio visual school district employees and one other district administrator sitting nearby. And they said, “Go for it!” It just so happened that many of the football players decided to go last to receive their diplomas. My son volunteered to be the very last one and would end the ceremony by taking a bow. In the picture, you can see my caption that I threw up on the screen behind him. You can also see the school officials looking up at the screen. I’m sure everyone in attendance thought we had it choreographed, but in reality my son had no idea what I did until after the big day was over and we showed him the pictures. I received many high fives from the people sitting around me. And now I’m hoping that the school district will find funding every year for captioning services. One of Matt’s friends made this comment: “It was so cool. It was like a sing-along when all the songs were sung. We could see all the words on the screen!” uct registration purposes, in order to prevent spam and other annoying follow-up messages from cluttering up the inbox of your primary email account. While it ultimately is a matter of personal preference, Web-based mail does make a lot of sense and has many advantages. I prefer Gmail over Yahoo! Mail, but you can’t go wrong with either one. Q. My new computer shows time in the 1:30 PM format. I prefer the military version of time, that being 13:30. How can I change that? I’m using Windows XP. A. To display military time, go to your Control Panel > Regional and Language Options > Customize button > Time tab and choose HH:mm:ss from the drop-down menu. Click Apply > OK to save and exit. For plain-English answers to your questions by email, plus great computing tips, subscribe to Mr. Modem’s award-winning newsletter. Subscribe using Promo Code 4022 and receive TWO free months with your 12-month subscription (60 issues!) To view a sample issue or subscribe, visit www.MrModem.com.
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