Judge is investigated amid controversy over courtroom audio-recording system
A Pennsylvania judge has been removed from hearing criminal cases, at her own request, amid a controversy over the audio-recording system at the Monroe County courthouse.
District Attorney E. David Christine Jr. is among those who are concerned the system may be picking up attorney conversations that are supposed to be confidential. His office is investigating whether Judge Jennifer Sibum attempted to access recorded conversations between lawyers that occurred when court was not in session, according to the Legal Intelligencer (sub. req.) and WFMZ.
“I have not met one attorney in the county of Monroe who hasn’t been deeply concerned about how the audio-recording system is currently being managed,” the DA said. “For any number of occasions there may have been times when lawyers sharing confidences between clients or counsel may have become part of the audio or digital archive.”
A court administrator said Sibum would not be available to comment, the Legal Intelligencer reports.
Signs posted at courtroom entrances now provide notice of the recording system and advise those who wish to have confidential conversations to go elsewhere. But that may be difficult for criminal defendants, Christine points out.
The Monroe County Bar Association has requested that the courthouse recording system be turned off while the situation is being sorted out, reports the Pocono Record. So far, that hasn’t occurred.
“Basically, that sign says, ‘speak at your own risk,’ when really the law in Pennsylvania is ‘intercept a private conversation at your own risk,’” Christine told the Legal Intelligencer.
Renee Kimball, who serves as a deputy court administrator, said the system records only on-the-record conversations, to insure they are included in transcripts. It is supposed to be turned off during sidebars and off-the-record conversations.
The court is always working to improve its functioning, she said, and has responded to concerns about recorded courtroom conversations by seeking input about best practices from the Administrative Office of Pennsylvania Courts and the National Center for State Courts. Officials also plan to reach out to bar leaders and provide more information about how the system works.
