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Redactions in trial transcripts

  • 11 Feb 2014 1:08 PM
    Message # 1495926

    Help me to know how you all are handling that.  I don't know if I have not had a transcript with juvenile names or if I just neglected to file a redacted copy in something I turned in, but I don't remember how to handle this with trials.


    My thinking is to send both the public defender's office, appellate division, an e-trans along with the State.  It is 1200 pages, plus another couple hundred in motions, so they will not be happy.  Is this the proper way to handle it?  I mean, they can't possibly get to the Clerk's office and sit there and read the transcript.  And then, I feel so strange letting nearly 1500 pages go to these attorneys who will have it at their disposal at no cost.  Is that something we are having to just accept?  I don't know of any other way around it.  I understand the copy to the PD doesn't matter as they get the copy, anyway.  I was more concerned about the State's copy. 


    Next, is there an easier way to do this?  Is it acceptable, even though the rule specificly says they are to put the page and line in their Notice of Redaction, for them to just submit a notice that broadly states, redact all references to this person, this person and this person?  That seems easier, but doesn't comport to the way I read the rules.  And then I plan to just word search those names.


    Also, I had a run-in with the Clerk's office the other day, and I wanted to know how everyone else handles this particular situation.  I have seven appeals going on right now with the longest transcripts being this one I just finished and another that's over 2,000 pages.  I am backlogged on criminal transcripts, and I am having a hard time staying focused, so I have a tendency when I am on a roll to stay up as long as I can or need to to complete things.  In the process of finishing an all nighter, I had switched gears and started proofing transcript against a tape because I had a question regarding the last ten pages of a transcript and needed to wait until I was at work to look in the file for something.  Well, when it came time to print it out, in my sleep deprived state, I forgot to go back and edit/proof those pages and handed the transcript in with those not proofed.  Plus, I had two pages of index that I neglected to put some exhibits on that I caught when I was wrapping up everything and making sure I had everything.  I also discovered that on those ten pages that had not been finished, I also had those ten plus another twenty pages of transcript that had the wrong footers. 


    So I did as our Clerk instructed us procedure is to be which is to submit a form stating that I am revising the transcript.  When I went to put these revised and corrected pages into the transcript, I was informed that I could not do that; that they would need to put those correct pages loose in the file with the wrong pages still intact within the volumes.  I kind of freaked and thought, they aren't going to know to look at these correct copies and they're going to see my 30 pages of errors!!!  So the only solution we came up with besides that was to amend those two volumes and reprint 250 pages of one volume to replace two pages of index and another 250 pages of another volume to replace the 30 pages of wrong footer and corrected final pages.  This seemed like a waste of paper and time, but maybe everyone is doing it this way.  I was extremely upset.  I am still sleep deprived and frankly, depressed, and so when I was told, "Well, maybe next time you should submit a proofed transcript", I kind of lost it.  I said, I submitted 1500 pages, of which 1485 WERE proofed!  I wasn't trying to pull a fast one!  I even wrote in my revision notice that I messed up!


    I realize I've rambled.  Hopefully you can make sense of my questions and help me out a little.  I have another question on these danged tapes, but I will save that for another day.  Please ignore typos.



  • 12 Feb 2014 12:18 PM
    Reply # 1496652 on 1495926
    Lance Oviatt (Administrator)

    I do not send a copy of the transcript for the very reason of payment you pointed out.  I send a key word index, that way they can just tell me the word and the page and line number where it should be redacted.  I believe the rule allows for either a key word index or pdf to be provided.  I only provide the pdf if they've paid for a copy, even then I still provide the key word index because it's much easier to prepare redactions from it than reviewing the entire transcript.

    As far as your proofing and substitution quandary, that's one I've never faced in Wyoming.  Idaho had a procedure in place for corrections to transcripts, that's something I would like to see us get in place.  Mistakes do happen, we're all human, and there should be a uniform and simple way to provide for correction.
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