District court trials a 'shouting match'
Acoustics in restored courtroom so bad that attorneys forced to raise voices to be heard
By BARRY HALVORSON bhalvorson@journal-spectator.com

In television and movie courtroom dramas, actors playing attorneys will raise their voice, take a dramatic pause and shake their finger at a witness to get them to confess to having actually committed the crime.

In real-life in the district courtroom of the renovated Wharton County Courthouse, attorneys are being forced to raise their voice simply so they can be heard, take a pause to allow an 18- wheeler time to clear the courthouse square and sign with their hand to make sure the judge, court reporter, witness and jury actually heard what was being said.

"We are struggling with the acoustics of the building," 329th District Judge Randy Clapp said. Clapp is assigned to the courthouse courtroom.

"In carefully restoring the building, it also included the horrible acoustics and echoes. I don't think that was actually part of the planning process for the restoration."

The Texas Historical Commission Project Architect for Wharton County is Mark Cowan.

He said he was only recently made aware of the local problem and has not yet received any official notice from the county. He added such problems are not unique to Wharton County and historical in nature.

"It actually is fairly common with the older courthouses," he said. "The courtrooms were designed in a time before electric amplification so they have some of the same characteristics of an unamplified stage when people had to project to be heard."

He added that since fewer people attend trials, it adds to the acoustical problems.

"At the turn of the century, you might have had the gallery half full or more," he said.

"A lot of people attended trials in part as local entertainment," Cowan said. "And the bodies absorbed some of the sound. The people aren't there now so the building is more 'alive' now to sound than it historically was in the past."

Among those most impacted is Clapp's court reporter, Joy Wuthrich. Responsible for keeping an accurate record of any proceeding, she said the sound problems add to the challenge of making sure the record is right.

"If I don't understand something, I make sure people repeat it," she said.

"I do plug in my recording equipment, but with the echo problem, a lot of the time the recordings are hard to understand. I tend to pretend the recording equipment is broken so I make sure I get the transcriptions right during the trial."

She added that prior to the renovation, the courtroom acoustics were "great" based on her experience as a court reporter, something she started doing in 1989.

"It's much worse now," she said. "In the old courthouse, before the renovation, things were quite good."

In addition to judges and court reporters, attorneys are also having to deal with and adapt to the changed acoustics of the courtroom.

That list includes District Attorney Josh McCown along with the three other primary candidates for the position, his Republican opponent Dawn Allison and Democratic Primary candidates John C. Maher Jr. and John Roades.

And while all are in agreement that the restoration was successful in creating a beautiful building, it lacks something as a day to day work place.

"Actually, I don't know if the acoustics can be fixed although Judge Clapp has promised to look into it," McCown said.

"We recently held a hearing in the courtroom and the people in the gallery could hear very little if any of the proceedings. It's also difficult for the court reporter because of the echoing effect."

He said some of the problems relate directly back to the historical accuracy of the restoration, so the problem is not the fault of any one particular individual.

"In the old courthouses, they didn't have the air conditioning, modern heating or computers that we now use," he said.

"I'm all for the historical accuracy, but I would hope that we can obtain some waivers that will increase the functionality of the courthouse."

Having been present at some of those hearings McCown mentioned, Allison agreed the individual with the most problems due to the change is the court reporter, but added she felt it would have a negative impact during criminal trials.

"I think it is going to be an issue because it will be difficult for the jurors because they will have problems hearing the attorneys and witnesses. That has to be a concern."

Allison added that the changed acoustics also create problems for defense attorneys, saying there are no longer any nooks or crannies in the courtroom they can pull their clients to the side to discuss confidential matters.

The echoes carry the sound to several parts of the courtroom. Maher agreed those side conversations add to the problems.

"I don't think that people can actually hear the nature of those conversations, but they add to the cacophony of the courtroom noise," he said.

"And it is going to be a real dilemma for jury cases. Attorneys don't mind raising their voices - it's what we do - but it will change how we prepare witnesses. Those people are already intimidated about having to be in court and are reluctant sometimes to speak up. Every case is going to be a new experience for a while until people adjust."

Roades agreed for the need for attorneys to make the adjustments, adding those attending trials will have to adjust as well.

"The acoustics are not what we expected and are not what the public has grown used to in a modern courtroom."

In addition to the interior noise pollution and problems, the court is also faced with interference from outside sounds, in particular the large truck traffic that moves through the downtown square.

Clapp said proceedings have to momentarily stop each time a truck passes beside the courthouse, particularly when forced to shift gears.

Cowan said that is as much a problem with the design of downtown as it is a result of the restoration.

"Wharton has a beautiful downtown, but much of it is masonry construction," he said. "But the sound is an acoustical issue of the square itself because of the masonry.

"There is always going to be a problem with a lot of noise on the square. Ideally, the city could route that truck traffic around the square or possibly have timed traffic lights that will reduce the travel time in the blocks beside the courthouse carrying the heavy traffic. In the 1800's when these courthouses were built, they didn't have this kind of traffic."

Cowan added the THC has seen similar problems in many of its restored courthouses, particularly those located in more rural counties with courthouses located on or near major traffic routes.

He said the THC has contracted with an acoustical engineering firm to do a survey of the various problems and come up with some potential solutions.

The survey started before the completion of the Wharton project so it is not part of the study, but could benefit from its findings.

In discussing the local issues, Cowan said some of the problems being reported in Wharton were not expected because of some of the design elements of the courthouse.

He said engineers anticipated the wood floors providing some sound absorption while the window are considered to be "acoustically transparent" in that they don't bounce sound waves.

Some possible solutions that could be considered, Cowan said, include making adjustments to the sound system and adding discrete speakers for the judge, court reporter, attorneys and jury, adding sound damping tile or cushions to the gallery benches.

Cowan said the THC is very interested in working with the county to make sure the courthouse remains viable and that there should be no reason the commission and the county shouldn't be able to work together to resolve the problem. But he added that there are still some guidelines that will have to be followed.

In discussing the matter, Judge Clapp indicated he was considering requesting drapes be added to the windows as sound dampeners. Cowan said that probably would not be a viable alternative.

"We want the courtroom to be functional, but with the least visual impact on the historic space," he said.

"It will probably be handled on a step by step basis with minimal changes at each step. And draperies would be way out at the end of the list."