Pay dispute could disrupt trials in east Pasco

Despite a contract, court reporters may balk at working at the Dade City courthouse partly because they are underpaid, they say.

By CHASE SQUIRES

© St. Petersburg Times,
published May 31, 2001

DADE CITY -- Court reporters, a fixture of courtroom life, are threatening to refuse east Pasco criminal court assignments as part of a pay dispute that could disrupt trials and criminal hearings.

The move would essentially amount to a strike for the cadre of reporters who record verbatim every motion, hearing and trial in the courtroom.

The response from Pinellas-Pasco Judicial Circuit Chief Judge Susan Schaeffer was swift and firm Wednesday. The action will not be tolerated, she said.

"I don't know that we have a problem at all," Schaeffer said. "They think they are going to impact us, and they are not."

A work stoppage by court reporters, targeting only the Dade City courthouse, would probably not be felt at first. Circuit Judge Maynard Swanson, who runs criminal court, is on vacation through next week.

But court reporters said they have a legitimate complaint, one that involves principle as much as money. They go to school for three years, they said. And when they start work, they toil long hours, are on call through weekends and vacations and receive no benefits. Often, they wait weeks for payment, they say.

They are independent contractors working for Christine Hawthorne's private court reporting firm. Hawthorne contracts with the county in east Pasco, then distributes the work to reporters working from a mobile home she rents behind the courthouse. Another firm handles the load in west Pasco. The head of that company could not be reached Wednesday for comment, but court reporters on the west side work under the same terms.

East side reporters said Wednesday they are tired of being underpaid -- and paid less than reporters in Pinellas County.

"This is a high-stress job," court reporter Gini Burrows said. "There's always the fear of making a mistake."

Hawthorne has five full-time court reporters at her office. She manages the business, provides an office, equipment and a secretary in exchange for 20 percent of the reporters' gross pay.

Of what's left, reporters pay taxes, buy and maintain more than $10,000 of equipment, pay for computer software, continuing education classes, and association dues. They do not get paid vacations, overtime pay, or health insurance.

Burrows, a single mother, lives without health insurance.

Working full time, nights and weekends, Hawthorne said a court reporter in east Pasco might gross $50,000, then lose up to half of that to expenses.

At issue is the rate structure for criminal courtroom work.

Under the contract with the circuit, paid out of the Pasco County budget, reporters make $30 for the first hour and $20 for subsequent hours or criminal court work, with a $50 minimum. Civil cases will not be affected because the private lawyers pay the court reporting fees in those cases, which typically could be higher.

In Pinellas, reporters get $30 every hour with a $75 minimum, increasing on Oct. 1 to $40 for the first hour and $33 for additional hours with a $100 minimum, said circuit attorney Debra Roberts.

Hawthorne said she supports her reporters, and in turn they credit her for operating with a smaller cut of their pay than other agencies. But, Hawthorne said, there is little she can do to get them a raise, and negotiations with the county have been slow.

Pasco County Administrator John Gallagher said it's too early in the budget process to know how much money will be available.

Schaeffer said different pay rates are negotiated in different counties. It's a matter of economics. Regardless, a contract is a contract, the judge said.

Schaeffer said she spoke with Hawthorne on Wednesday and made it clear a stoppage is unacceptable. Hawthorne, Schaeffer said, has a contract and must honor it. If that means that she is her company's only employee available to work criminal cases, she needs to be in a courtroom ready to record, Schaeffer said.

If not, Schaeffer said she will order the contract's performance bond cashed and will find her own court reporters with the money. And Hawthorne will be out of a contract.

"I think she's an honorable woman," the judge said. "I expect she will honor the contract."

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