The Unsigned Note Asking for Eleven Deleted Lines
You are an official court reporter in a Kentucky circuit court. Three weeks after a custody modification hearing, a paralegal for the mother calls. She says the judge struck 11 lines of the father's testimony after you left the bench and that those lines must be removed from the certified transcript before it is filed with the Court of Appeals. She faxes a handwritten note purportedly from the judge's chambers, but it is unsigned and has no case number. The transcript was delivered 12 days ago and has already been cited in a motion. The father's attorney has not been told. The paralegal says, 'It's no big deal-just reprint the pages and re-certify.' You still have the original stenotype notes and audio. The case involves a minor child, and the file is under a limited protective order.
1. What is your ethical and professional response to the paralegal's request to remove 11 lines and re-certify?
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Refuse to remove the lines. A certified transcript may be corrected only through a proper record correction, not by a party's request or an unsigned note. Removing testimony after delivery would falsify the record and could constitute a serious ethical violation. Tell the paralegal that you cannot alter the transcript without a written order from the judge, and that any correction must be disclosed to all parties. Do not accept the unsigned note as authority; it lacks a case number, a signature, and any indication that the father's attorney received notice. Preserve the original transcript, notes, and audio. If the judge did make a correction, ask for a signed order or an on-the-record correction with counsel present. Then prepare a corrected transcript that identifies the change, rather than silently reprinting pages. Re-certifying a changed transcript as if it were the original would be misleading. Because the case involves a minor and a protective order, also confirm who is entitled to the transcript before sending anything.
2. What steps should you take to verify the alleged correction and protect the record?
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First, contact the judge's chambers and ask whether any correction was made and whether it was on the record. Do not discuss the merits or ask the judge to decide the case off the record. Second, notify both attorneys in writing that a correction has been requested and that you will not change the transcript unless the court directs it on the record or by written order. Third, check the docket for any order. Fourth, preserve the original notes, audio, draft, and delivered transcript. If the judge issues a correction, follow the court's procedure: prepare a supplemental or corrected transcript with a clear statement of the original and corrected text, serve all parties, and file it. If the judge says no correction was made, keep the original and tell the paralegal in writing. If the protective order limits access, do not release the transcript to anyone not authorized, even if they claim to be from the mother's side; verify identity and authority.