It’s one of the things we all know we should do regularly, but very few of us actually follow through – backing up the data on our computers. For most people, losing a hard drive they hadn’t backed up would be a major inconvenience (or heartbreaking if family photos were lost), but the stakes are much higher when a court reporter loses all of their computer files.

Court reporters, no matter the method, store their notes and audio files electronically. Freelance reporters almost always prepare a transcript within weeks after the date of a deposition, and once the official certified transcript is prepared the original notes and audio files are less important. 

Official court reporters, or courtroom-based court reporters, only prepare a transcript when one party places an order. In some criminal cases, such as murder trials, a transcript order could cover hearings taken years earlier that were never transcribed. If those files were destroyed in a hard drive crash, appellate courts wouldn’t have a complete and accurate record upon which to base their ruling. That could lead to the appellate court ordering an entirely new trial, from start to finish.

An appellate court in Texas is facing just such a dilemma. John Feit, a former priest who is now 86 years old, was convicted in 2017 of murdering one of his parishioners decades ago. He appealed the conviction, and the trial judge ordered the court reporter to prepare a transcript of all of the proceedings in the case, including pre-trial hearings held in 2016.

Unfortunately, those records “were lost after the hard drive belonging to [Julian] Alderette, [Judge Luis] Singleterry’s court reporter, ‘was dropped and damaged,’ according to an affidavit Alderette filed. As a result, Alderette was unable to provide the appeals court with a transcript of any 2016 hearings from Feit’s case.”
Feit’s appellate counsel, O. Rene Flores, has been unable to prepare a brief for the Court of Appeals presenting his case for reversing Feit’s conviction because he doesn’t have access to these transcripts. Hearings are ongoing before the trial judge to determine how to proceed. Hidalgo County District Attorney Ricardo Rodriguez, Jr. said he “‘feels confident'” prosecutors and Flores ‘will be able to agree and make a record of whatever hasn’t been turned over to the court of appeals.’ That would likely entail recreating a transcript of all 2016 hearings, which include Feit’s arraignment and three pre-trial hearings.”

Official court reporters are subject to records retention requirements promulgated by each state or by the federal government, depending upon the system in which they practice. Records of official court reporters are considered property of the court, not the court reporter. It’s unclear where the process broke down in the case of Judge Singleterry’s courtroom, but one thing that’s exceedingly clear is how important it is that court reporters, regardless of what records retention requirements they’re subject to, must be conscientious about backing up their notes. The lives and livelihoods of their fellow citizens depend on it.