Lawyer Sues Over Courtroom Recording
Judge says system used for security reasons
Last updated Wednesday, August 10, 2005 10:42 PM CDT in Front
By Don Dailey
The Morning News
ROGERS -- A Rogers attorney, worried a courtroom microphone system might be recording secret conversations between lawyers and clients, has filed a lawsuit against Rogers' District Court and its judge.
Doug Norwood's complaint filed Wednesday alleges the system has been used to surreptitiously record private conversations between lawyers and defendants appearing in the court.
District Judge Doug Schrantz acknowledged Wednesday he authorized the recording in February or March for security reasons in response to an incident in which a defendant in court to be arraigned "cursed and threatened" the judge.
There was no bailiff in the court when the incident occurred, and Schrantz felt recording the proceedings would be useful to show what was said and the time frame should another incident occur, the judge said.
"It's not my intention that it be used for anything else than my security needs," Schrantz added.
Norwood's response to Schrantz's reason for recording in the court: "I personally don't believe that."
There are security cameras in the courtroom and the Police Department is next door, so the recording system is not needed for security, Norwood said.
Schrantz said a microphone-and-speaker system in the courtroom is connected to a computer's hard drive used to electronically record what is said in court. The microphones and speakers were installed when the courthouse was built, but weren't used until last year, when Schrantz started using them so he could better hear the proceedings.
Every minute of every court session has been recorded, but Schrantz said he hasn't gone back to listen to any of what had been recorded and wasn't sure how long the recordings are saved on the computer.
"This business of listening to Mr. Norwood or his clients is bogus," Schrantz said.
Norwood's complaint says he learned of the system when a court clerk told one of his secretaries about it following a trial in which Norwood represented a defendant.
The complaint goes on to say Norwood requested a copy of that trial and was charged for the time the computer technician spent transferring the recording to a computer disk.
Norwood's complaint also says the tape sounds like it has been altered, an accusation Schrantz also called "bogus."
The suit was filed in Benton County Circuit Court and seeks an injunction preventing future recordings and for existing recordings to be destroyed.
Norwood is also asking to be reimbursed for the cost of the computer technician's time, citing a portion of the Arkansas Freedom of Information Act that says public agencies cannot charge for time spent readying public documents for release.
City Attorney Ben Lipscomb said Wednesday he wasn't aware court proceedings were being recorded, but wouldn't comment further because he hadn't seen Norwood's complaint.
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