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Sacramento Superior Court: Audio Recording of Fact-Finding Interviews

UPE met and conferred with representatives from Sacramento Superior Court regarding their plan to begin audio recording of fact-finding interviews.  Fact-finding interviews include investigations of disciplinary violations and HR complaint investigations.  Both the subjects of the investigation and witnesses would have their interviews recorded.  The Court stated they wished to make the change after the Judicial Council requested records of a previous interview, and the Court could produce none.  The Court views the use of audio recording as the best way to capture the content of interviews accurately.

California law requires two party consent for audio recording.  UPE ensured that the Court will provide members with the option of opting out of audio recording.  Furthermore, UPE made it clear to the Court that they cannot hold a member’s decision to opt out of recording against them.  In addition, UPE proposed, and the Court agreed, that members will be entitled to a copy of the audio recording immediately after the interview.   Further, if members wish, they may record the meeting themselves as they make it clear they are doing so.   Members will be asked to sign a written consent at the start of the audio recording to indicate they agree to have the interview recorded.  Members are asked to contact UPE immediately if they are recorded without consent or if the Court fails to provide a copy of the recording after the interview.

UPE would like to thank governing board members Tammi Boxer, Shawn Boxer, Andrea Howard, Christina Arcuri, Julie Valdivia and Liz Teklinsky for their participation and advocacy.




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