Rule 35 - Electronic Recording Equipment - Official Court Record - Responsibility for Record(a) Electronic recording equipment will be installed in all courts for the purpose of recording all official court hearings. Such electronic recordings will constitute the official court record. It will be the responsibility of each judicial officer to require that the electronic recording equipment in court be operated only by a certified operator, or by an individual under the direct supervision of a certified operator during training, in such manner and under such conditions as to insure the production of a clear and completely understandable record of all proceedings.* (b) In this rule, the term "certified operator" means a person who has successfully completed a training course in the operation of electronic recording equipment in accordance with standard procedures established by the administrative director of courts.(c) Before commencing any proceedings required to be recorded, the judicial officer shall be satisfied that the electronic recording equipment is functioning properly. During all proceedings the certified operator shall monitor the electronic recording equipment in accordance with standards established by the administrative director of courts and immediately notify the judicial officer when it is uncertain that the record is clear and completely understandable. Where extraneous noises, interference, poor enunciation or other factors create doubt that the electronic record is clear and completely understandable, it will be the responsibility of the judicial officer to cause the doubtful proceeding to be repeated.(d) The electronic equipment operator shall be responsible for maintaining detailed, accurate and thoroughly legible log notes which correlate the tape position with described courtroom events. The administrative director of courts shall establish standard procedures for the form, preparation and storage of log notes.(e) The administrative director of courts shall establish policies, procedures and standards to assure the complete and accurate duplication of the electronic record and shall provide for a uniform safe method of permanent preservation of those original electronic records and log notes which are required to be preserved by the records retention schedule adopted under Administrative Rule 37.(f) The administrative director may authorize the use of video recording equipment to record any trial where the recordation of such proceedings is feasible. Such video recordings must be accomplished in accordance with procedures established by the administrative director of courts. The video record in conjunction with the electronic audio recording will constitute the official court record.Adopted by SCO 412 effective 7/1/1980; amended by SCO 554 effective 4/4/1983; by SCO 587 effective 6/1/1984; and by SCO 601 effective 6/1/1984 * Supreme Court Order 601 effective nunc pro tunc June 1, 1984, provides that those portions of Administrative Rule 35 which require operation of electronic recording equipment only by a certified operator as defined in paragraph (b) of the rule are suspended until further order of the court. All other portions of the rule, including the responsibility of the judicial officer to require electronic recording equipment operation in such manner and under such conditions as to insure the production of a clear and completely understandable record of all proceedings, remain in effect.
. CROSS REFERENCE: Administrative Bulletins 19 (Playback of Trial Testimony); 20 (Confidential Tapes); 21 (Tape Numbering Policy); 22 (Log Notes); 23 (Tape Security) .