Verbatim Testimony, Nonstandard Grammar, and Disputed Legal Terms
At a felony sentencing hearing in New Mexico district court, the defendant's mother testifies through an interpreter. She says, in English, 'He was on probation for the shoplifting, but they deferred it and then dismissed it.' The prosecutor asks, 'You mean he received a deferred sentence and a conditional discharge?' The witness answers, 'No, he pled nolo contendere and got a deferred adjudication.' Defense counsel objects that 'deferred adjudication' is not a New Mexico term, and the judge says, 'The record will reflect the witness's words.' Later, the witness says, 'I seen him at the courthouse when he was bound over after the preliminary hearing.' The interpreter rendered 'bound over' as 'sent to trial.' You must produce a verbatim transcript. The hearing also includes the terms 'magistrate court,' 'district court,' 'no contest,' and 'nolle prosequi.'
1. How do you transcribe the witness's grammar and the disputed legal terms?
Read the worked answer
Transcribe the witness's words verbatim, including 'I seen.' A verbatim transcript preserves grammar, dialect, and word choice; it is not the reporter's job to improve the witness's English. Do not change 'deferred adjudication' to 'deferred sentence,' even if the term is not used in New Mexico, because the judge expressly said the record would reflect the witness's words. The same applies to 'no contest' and 'nolo contendere': record each as spoken. If a term is unclear, use [inaudible] or [phonetic] rather than guessing. Reserve [sic] for obvious transcription of a written text or when necessary to show an error, and use it sparingly; it is not a tool for correcting testimony.
2. Should you use bracketed clarifications for 'bound over' and 'magistrate court'?
Read the worked answer
Bracketed clarifications should be limited to matters the reporter can establish, such as an inaudible word, a spelling, or a non-English term. Do not insert a legal definition or convert 'bound over' into 'sent to trial' just because you think the interpreter's rendering is imprecise. The judge has already ruled that the record will reflect the witness's words. If the interpreter's rendering is at issue, the attorneys can make a record and the judge can rule. The reporter may note that the witness testified through an interpreter and identify the interpreter, but should not become an advocate or legal expert.
3. What should the transcript show about the interpreter's rendering of 'bound over'?
Read the worked answer
The transcript should preserve the English interpretation as it was given, not the reporter's preferred translation. Note that the witness testified through an interpreter and, if known, the interpreter's name and language. If you believe the rendering was inaccurate, do not silently correct it; preserve the words and, if appropriate, note the concern for the judge outside the transcript. The court can order a corrected or amplified record after a hearing. The reporter's duty is accuracy and neutrality, not to decide which legal term is correct.