is issued to a user if the user’s accumulat- ed total for the quarter is less than $15.00. The accumulated total is set to zero imme- diately following each quarter’s end. Thus, once registered, any member of the public can access a recording essentially for free if there is limited activity in that quarter, greatly broadening public access to court hearings.
Since the May 2011 inception, the dig- ital audio hearings have been listened to approximately seven hundred times. The court merely tracks the number of hits, and not necessarily if the same parties listen multiple times. Even so, it seems obvious that the system is being well utilized. The service is also lightening fast. The digital audio recording of each hearing is posted to the docket generally within two hours of the conclusion of the day’s hearings, and in any event no longer than one business day after the conclusion of the day’s hearings. All hearings are recorded using the digi- tal audio recording system and posted to the docket in the case. Counsel should avoid introducing “personal identifying in- formation” into the record when question- ing witnesses or making other statements in court. Personal identifying information includes items such as social security num- bers, addresses, and names of minors. In the event that personal information is dis- closed in a hearing, upon oral motion at the conclusion of the hearing, the court will consider refraining from posting the audio recording to the docket. Counsel should take this opportunity to insure that the barn door is closed prior to the animal’s es- cape. As a further precaution, the court, in its discretion, may decide not to post any recording.
In addition to the above process by which parties can restrict access to record- ings where personal identifying informa- tion is mistakenly released at a hearing, parties can also request that digital audio
recordings not be made available for a par- ticular hearing. Parties seeking to restrict public access to the digital audio record- ing of a hearing are required to file an ap- plication showing good cause for restric- tion at least one full day prior to the com- mencement of the hearing, on notice to all attorneys involved in the hearing, the case trustee, and the Office of the U.S. Trustee. The burden shall be on the moving party to demonstrate grounds for restricting ac- cess under 11 U.S.C. § 107. The burden is great, as generally the equities weigh heav- ily in favor of allowing public access to the recording.
The digital audio recordings are an ex-
tremely valuable resource. Just like the 11:59:59 electronic filing deadline, the hearings can be accessed at all hours, con- tinually enabling the lawyer’s inevitable procrastination. Since the victorious attor- ney is often charged with preparing pro- posed orders following a hearing, the re- cordings are quite useful in cross-checking one’s notes of the judge’s directives. Par- ties can also utilize the recordings in an ef- fort to better their oral presentations. Be- cause of the nominal fee and ease of use, the digital audio recording system is a champion in the struggle to broaden public access to court hearings. Register for PAC- ER and give one a listen. ____________________ Jennifer Emens-Butler, Esq., is a partner at Obuchowski & Emens-Butler and previ- ously clerked for the United States Bank- ruptcy Court, District of Vermont, prior to joining the firm in 1998. The firm concen- trates in the field of bankruptcy, handling both debtor and creditor matters.
____________________ 1
Detailed information as to how to order writ-
ten transcripts is available on the court’s web- site at
http://www.vtb.uscourts.gov/issues/tran- scripts.php.
30
THE VERMONT BAR JOURNAL • SPRING 2012
www.vtbar.org
U.S. Bankruptcy Court
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