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Wednesday, October 03, 2001

Court allegedly withheld tape


Transcribing firm makes complaint

By Janice Morse
The Cincinnati Enquirer

        HAMILTON — Alleging a violation of Ohio's public records law, a Hamilton court-reporting firm wants state agencies to stop Butler County from using “inexperienced and uneducated” personnel to transcribe court proceedings.

        Jane A. Fitch, president of Cincinnati-Dayton-Cleveland Stenographic Inc., on Tuesday faxed her complaint to the state auditor, attorney general, Supreme Court, ethics commission, area court judges, county commissioners and media.

        Ms. Fitch said she felt it necessary to call attention to circumstances “that appear to be severe improprieties and likely illegalities.”

        “There is a concerted effort on behalf of Butler County Area Court officials to control the production of court transcripts,” she said.

        Ms. Fitch says employees of Butler County Area III Court last week refused to provide her with a public record: a tape-recording of a hearing. Ms. Fitch requested the tape because the Butler County Prosecutor's Office hired her to produce a transcript from it.

        Kim Norris, spokeswoman for Ohio Auditor Jim Petro, said, “We believe (the tape) would be a public document and should be provided.”

        Denise Holcer, chief deputy clerk of the Area III court, cited “a misunderstanding.”

        She says the court has no system to make copies of tapes — and that Judge Robert Hendrickson ordered that the original tape remain in the building. Ms. Holcer said Ms. Fitch's firm was told to bring equipment to the court and make a copy.

        Ms. Fitch, however, says that's false.

        “We were denied access. Period,” she said.

        Judge Hendrickson couldn't be reached for comment.

        Ms. Fitch added, “These employees are supposedly doing transcripts on their own time. And if the original tapes are not to leave the court, how are these employees doing them on their own time, not county time?”

        Ms. Fitch also said there is an ethical issue about judges' employees preparing transcripts of hearings that involve those judges. “If a person wants to be a court reporter, they should work for a court-reporting firm, not a judge. And if someone wishes to work for a judge, they should not involve themselves in the business of court reporting,” she said.

        Ms. Holcer declined to address that issue, but acknowledged that personnel doing the transcripts have no specialized training.

       



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