Court adjusts to deaf attorney

From: Orlando Sentinel, FL - May 11, 2003

By Anthony Colarossi
Sentinel Staff Writer

May 12, 2003

Scott Harrison possessed all the qualities a public defender looks for in a young attorney. He was smart, confident, personable. He loved being in court.

In a field where talented people often move on to the private sector for better pay, Harrison boasted six years of trial-court experience. Orange-Osceola Public Defender Bob Wesley liked what he saw so much he recruited Harrison from a small court circuit in Pensacola.

But Harrison arrived in Orlando with a disability -- he is deaf, with an 80 percent hearing loss. Although he speaks clearly and reads lips perfectly, his deafness presents challenges.

Since arriving three months ago, Harrison has encountered problems that have forced trial delays and raised questions about how to accommodate courtworkers with disabilities.

During trials, when Harrison is not able to read lips, he needs "real-time" court reporting that allows him to read all the testimony live on a screen on his laptop computer.

Lately, Harrison said court reporters have not always been available when he needs them for trial.

Last week, he was forced to delay a trial because a court reporter was not available.

"It has gotten to the point where it concerns me when I want to go to trial, and I can't do it," Harrison said. "I'm not trying to make it harder for them [court officials]. They should understand that I have a job to do, too."

Court administrators point out that the problem is a matter of scheduling problems. When they were able to provide the real-time court reporter last week, Harrison did not appear in court. Harrison said he was ill that day.

Under the Americans with Disabilities Act, the courthouse must make reasonable accommodations for Harrison and anyone else in need of special assistance.

But real-time court reporters are in short supply. Of the 43 court reporters in the 9th Judicial Circuit covering Orange and Osceola, only five are certified in real-time reporting.

Another problem for Harrison is his assignment. He works in Circuit Judge Anthony Johnson's courtroom, one of three in the Orange County Courthouse that is wired for automated or electronic court reporting, which doesn't require someone to be in the courtroom.

Sending a real-time reporter to Johnson's courtroom would be redundant in most cases. In general, Johnson uses live court reporters only in first-degree murder cases where the death penalty is being considered.

To be certified in real time, court reporters need to show 96 percent accuracy in translating the spoken word into stenographic code on the first try. Once a reporter types in that code, a computer program translates it back into English. That testimony then is displayed on a computer screen much like closed-captioned programming appears on television.

Johnson and Chief Judge Belvin Perry Jr. said they will provide Harrison with the court reporting he needs, but they want him to provide 24-hour notice to allow court administration officers time to make scheduling changes.

"If we get 24 hours notice, then we would try to accommodate this gentleman," said Perry, who also questioned why Harrison was assigned to Johnson's courtroom.

"Why [Wesley] chose not to put him in the rest of the seven divisions that have stenographic court reporting is beyond me," Perry said. Wesley said he placed Harrison in Johnson's criminal division because of Harrison's trial experience. Now that the assistant public defender is familiar with the 80 or so clients, Wesley said, he's hesitant to pull him from the division.

"I didn't hire Scott as an example," Wesley said. "He's a damn good lawyer."

Another issue involved a recorded deposition. Harrison wanted the deposition transcribed so he could review the questions and answers for one of his cases.

"There's also the issue of not being able to hear the tapes," Harrison is heard telling Judge Johnson in a recording of his request, which he made last month.

"I can't help you with that," said Johnson, explaining that he allows transcripts only in murder cases.

On Friday, Johnson said he was concerned about the high cost of transcribing audio depositions and asked if Harrison might use another technology to review depositions.

Harrison maintains he needed the transcribed version.

"As far as my clients are concerned -- that we can't get the transcript for -- that's probably not good for anybody involved," he said.

When he worked as an assistant public defender in the 1st Circuit in Pensacola, the court provided him with the accommodations he needed, including real-time reporting.

"It was never a problem," said Debi Trollinger, an office manager with court administration for the 1st Circuit. "It was just planning and accommodating him. He was always good to work with."

Harrison, 33, lost most of his hearing at age 5 after having the mumps. He said he has experienced discrimination throughout his life.

But he doesn't feel he has been discriminated against at the courthouse.

"It's not overt discrimination," he said. "I would describe it as a lack of patience."

Wesley said he wants to work with Perry and Johnson to address the problem.

"I want to find a way we can resolve the situation and make it efficient for court and the clients," Wesley said. "I don't want to have it be a point of contention."

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