House File 2369 - Introduced HOUSE FILE 2369 BY SWAIM , R. OLSON , ZIRKELBACH , LENSING , WINCKLER , BURT , WESSEL-KROESCHELL , STECKMAN , RUNNING-MARQUARDT , BEARD , WILLEMS , KEARNS , BAILEY , MERTZ , MASCHER , BERRY , H. MILLER , THEDE , LYKAM , BELL , COHOON , GAYMAN , BAUDLER , WINDSCHITL , ARNOLD , HANSON , GASKILL , FREVERT , WHITEAD , BUKTA , D. OLSON , S. OLSON , KAUFMANN , SANDS , GRASSLEY , SODERBERG , TJEPKES , PETTENGILL , FORRISTALL , HEATON , DE BOEF , L. MILLER , SWEENEY , HUSEMAN , HORBACH , MAY , VAN ENGELENHOVEN , CHAMBERS , DOLECHECK , ROBERTS , SORENSON , HAGENOW , PAULSEN , RAECKER , TYMESON , KOESTER , LUKAN , ALONS , STRUYK , DRAKE , SCHULTZ , HELLAND , RAYHONS , WATTS , COWNIE , WORTHAN , SCHULTE , KRESSIG , KUHN , REASONER , T. OLSON , FORD , FICKEN , MAREK , PALMER , WENTHE , ABDUL-SAMAD , THOMAS , KELLEY , WENDT , JACOBY , and SCHUELLER A BILL FOR An Act relating to shorthand reporters. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5126YH (11) 83 jm/rj

H.F. 2369 Section 1. Section 68B.39, Code 2009, is amended to read as 1 follows: 2 68B.39 Supreme court rules. 3 1. The supreme court of this state shall prescribe rules 4 establishing a code of ethics for officials and employees of 5 the judicial branch of this state, and the immediate family 6 members of the officials and employees. Rules prescribed under 7 this paragraph shall include provisions relating to the receipt 8 or acceptance of gifts and honoraria, interests in public 9 contracts, services against the state, and financial disclosure 10 which are substantially similar to the requirements of this 11 chapter. The rules shall not require disclosure of certified 12 shorthand reporter compensation authorized pursuant to section 13 602.3202. 14 2. The supreme court of this state shall also prescribe 15 rules which relate to activities by officials and employees of 16 the judicial branch which constitute conflicts of interest. 17 Sec. 2. Section 232.41, Code 2009, is amended to read as 18 follows: 19 232.41 Reporter Certified shorthand reporter required. 20 Stenographic notes or mechanical or electronic recordings 21 shall be taken A certified shorthand reporter shall take 22 stenographic notes of all court hearings held pursuant to this 23 division unless waived by the parties. The child shall not be 24 competent to waive the reporting requirement, but waiver may 25 be made for the child by the child’s counsel or guardian ad 26 litem. Matters which must be reported under the provisions of 27 this section shall be reported in the same manner as required 28 in section 624.9. 29 Sec. 3. Section 232.94, Code 2009, is amended to read as 30 follows: 31 232.94 Reporter Certified shorthand reporter required. 32 Stenographic notes or electronic or mechanical recordings 33 shall be taken A certified shorthand reporter shall take 34 stenographic notes of all court hearings held pursuant to this 35 -1- LSB 5126YH (11) 83 jm/rj 1/ 13

H.F. 2369 division unless waived by the parties. The child shall not be 1 competent to waive the reporting requirement, but waiver may 2 be made for the child by the child’s counsel or guardian ad 3 litem. Matters which must be reported under the provisions of 4 this section shall be reported in the same manner as required 5 in section 624.9. 6 Sec. 4. Section 232.115, Code 2009, is amended to read as 7 follows: 8 232.115 Reporter Certified shorthand reporter required. 9 Stenographic notes or electronic or mechanical recordings 10 shall be taken A certified shorthand reporter shall take 11 stenographic notes of all court hearings held pursuant to this 12 division unless waived by the parties. The child shall not be 13 competent to waive the reporting requirement, but waiver may 14 be made for the child by the child’s counsel or guardian ad 15 litem. Matters which must be reported under the provisions of 16 this section shall be reported in the same manner as required 17 in section 624.9. 18 Sec. 5. Section 602.1102, subsection 6, Code 2009, is 19 amended to read as follows: 20 6. Court Appointed certified shorthand reporters. 21 Sec. 6. Section 602.1214, subsection 4, Code 2009, is 22 amended to read as follows: 23 4. The district court administrator shall employ and 24 supervise all employees of the district court except 25 court certified shorthand reporters, clerks of the district 26 court, employees of the clerks of the district court, juvenile 27 court officers, and employees of juvenile court officers. 28 Sec. 7. Section 602.1301, subsection 2, paragraph a, 29 subparagraph (6), Code 2009, is amended to read as follows: 30 (6) Court Certified shorthand reporters. 31 Sec. 8. Section 602.1502, subsections 2 and 3, Code 2009, 32 are amended to read as follows: 33 2. Court Certified shorthand reporters who are employed 34 on an emergency basis in the district court shall be paid not 35 -2- LSB 5126YH (11) 83 jm/rj 2/ 13

H.F. 2369 more than their usual and customary fees, while employed by the 1 court. Payments shall be made at least once each month. 2 3. Court Certified shorthand reporters shall be paid 3 compensation for transcribing their notes as provided in 4 section 602.3202, but shall not work on outside depositions 5 during the hours for which they are compensated as a court 6 employee. 7 Sec. 9. Section 602.1612, subsection 4, Code 2009, is 8 amended to read as follows: 9 4. A retired justice or judge may be authorized by the 10 order of assignment to appoint a temporary court certified 11 shorthand reporter, who shall receive the compensation 12 and expense reimbursement provided by law for a regular 13 court certified shorthand reporter in the court to which the 14 justice or judge is assigned. 15 Sec. 10. Section 602.2104, subsection 2, Code 2009, is 16 amended to read as follows: 17 2. In case of a hearing before the commission, written 18 notice of the charge and of the time and place of hearing shall 19 be mailed to a judicial officer or an employee of the judicial 20 branch at the person’s residence at least twenty days prior to 21 the time set for hearing. Hearing shall be held in the county 22 where the judicial officer or employee of the judicial branch 23 resides unless the commission and the judicial officer or 24 employee of the judicial branch agree to a different location. 25 The judicial officer shall continue to perform judicial duties 26 during the pendency of the charge and the employee shall 27 continue to perform the employee’s assigned duties, unless 28 otherwise ordered by the commission. The attorney general 29 shall prosecute the charge before the commission on behalf of 30 the state. A judicial officer or employee of the judicial 31 branch may defend and has the right to participate in person 32 and by counsel, to cross-examine, to be confronted by the 33 witnesses, and to present evidence in accordance with the 34 rules of civil procedure. A complete record shall be made 35 -3- LSB 5126YH (11) 83 jm/rj 3/ 13

H.F. 2369 of the evidence by a court certified shorthand reporter. In 1 accordance with its findings on the evidence, the commission 2 shall dismiss the charge or make application to the supreme 3 court to retire, discipline, or remove the judicial officer or 4 to discipline or remove an employee of the judicial branch. 5 Sec. 11. Section 602.3201, Code 2009, is amended to read as 6 follows: 7 602.3201 Requirement of certification —— use of title. 8 A person shall not engage in the profession of shorthand 9 reporting unless the person is certified pursuant to this 10 chapter, or otherwise exempted pursuant to section 602.6603, 11 subsection 4 6 . Only a person who is certified by the board 12 may assume the title of certified shorthand reporter, or use 13 the abbreviation C.S.R., or any words, letters, or figures to 14 indicate that the person is a certified shorthand reporter. 15 Sec. 12. Section 602.3202, Code Supplement 2009, is amended 16 to read as follows: 17 602.3202 Transcript fee. 18 1. Certified shorthand reporters are entitled to receive 19 compensation for transcribing their official notes as set by 20 rule of the supreme court, to be paid for in all cases by the 21 party ordering the transcription. 22 2. This section shall not be used to offset or reduce the 23 compensation paid to a certified shorthand reporter as a court 24 employee and any effort to confiscate compensation received for 25 transcribing a certified shorthand reporter’s official notes 26 pursuant to this section shall be considered a taking. 27 Sec. 13. NEW SECTION . 602.3204 Transcription delay —— 28 unpaid leave. 29 A party to an appeal may petition the supreme court 30 requesting the court find that an unreasonable delay in the 31 preparation of the appeal transcript has occurred. Upon a 32 finding that an unreasonable delay has occurred the court may 33 place the appointed certified shorthand reporter on unpaid 34 leave until the transcript is completed. 35 -4- LSB 5126YH (11) 83 jm/rj 4/ 13

H.F. 2369 Sec. 14. NEW SECTION . 602.3205 Certified shorthand reporter 1 liaison duties. 2 1. The appointed certified shorthand reporters in each 3 judicial district shall designate an appointed certified 4 shorthand reporter in the judicial district to act as a 5 liaison with the clerk of the supreme court to ensure appeal 6 transcripts from the judicial district are handled in a timely 7 manner. 8 2. If an appointed certified shorthand reporter is placed 9 on unpaid leave pursuant to section 602.3204, the certified 10 shorthand reporter liaison or the liaison’s designee for the 11 judicial district shall reassign the remaining appointed 12 certified shorthand reporters within the judicial district to 13 ensure that any proceeding requiring a stenographic record is 14 recorded. 15 Sec. 15. Section 602.6603, Code 2009, is amended to read as 16 follows: 17 602.6603 Court reporters Appointment of certified shorthand 18 and uncertified shorthand reporters and duties . 19 1. Each district judge shall appoint a court certified 20 shorthand reporter who shall, upon the request of a party in a 21 civil or criminal case, report the evidence and proceedings in 22 the case, and perform all duties as provided by law. 23 2. Each district associate judge may appoint a 24 court certified shorthand reporter, subject to the approval of 25 the chief judge of the judicial district. The chief judge of 26 each judicial district shall calculate the certified shorthand 27 reporter-to-district associate judge ratio in the judicial 28 district as of January 1, 2009. Any subsequent calculation of 29 the certified shorthand reporter-to-district associate judge 30 ratio in the judicial district shall not fall below the ratio 31 that existed on January 1, 2009. Certified shorthand reporters 32 appointed by a district judge or otherwise assigned to a 33 district judge shall not be included in the calculation of the 34 ratio under this subsection. 35 -5- LSB 5126YH (11) 83 jm/rj 5/ 13

H.F. 2369 3. A district associate judge shall use a certified 1 shorthand reporter, upon the request of a party, for all 2 criminal trials or hearings, juvenile proceedings, and in civil 3 cases where the amount in controversy exceeds the small claims 4 jurisdictional amount pursuant to section 631.1. 5 4. An appointed certified shorthand reporter not presently 6 involved with reporting the evidence and proceedings in a case 7 with a judge may be reassigned to other judicial branch duties 8 as specified by the chief judge or certified shorthand reporter 9 liaison pursuant to section 602.3205. 10 3. 5. If a chief judge of a judicial district determines 11 that it is necessary to employ an additional court certified 12 shorthand reporter because of an extraordinary volume of work, 13 or because of the temporary illness or incapacity of a regular 14 court certified shorthand reporter, the chief judge may appoint 15 a temporary court certified shorthand reporter who shall serve 16 as required by the chief judge. 17 4. 6. If a regularly appointed court certified 18 shorthand reporter becomes disabled, or if a vacancy occurs 19 in a regularly appointed court certified shorthand reporter 20 position, and notwithstanding any other provision of the law 21 to the contrary, the judge may appoint a competent uncertified 22 shorthand reporter for a period of time of up to six months, 23 upon verification by the chief judge that a diligent but 24 unsuccessful search has been conducted to appoint a certified 25 shorthand reporter to the position and, in a disability case, 26 that the regularly appointed court certified shorthand reporter 27 is disabled. An uncertified shorthand reporter shall not be 28 reappointed to the position unless the reporter becomes a 29 certified shorthand reporter within the period of appointment 30 under this subsection. If an uncertified shorthand reporter 31 is appointed pursuant to this subsection, the uncertified 32 shorthand reporter shall be treated as a certified shorthand 33 reporter for all purposes including oaths, fees, and other 34 official duties. 35 -6- LSB 5126YH (11) 83 jm/rj 6/ 13

H.F. 2369 7. If a reassignment occurs pursuant to section 602.3205 and 1 a proceeding requiring a stenographic record is unable to be 2 recorded, the chief judge, notwithstanding any other provision 3 of the law to the contrary, may contract with a certified or 4 uncertified shorthand reporter who has not been appointed as a 5 shorthand reporter for the judicial branch to ensure that any 6 proceeding requiring a stenographic record is recorded. If an 7 uncertified shorthand reporter is appointed pursuant to this 8 subsection, the uncertified shorthand reporter shall be treated 9 as a certified shorthand reporter for all purposes including 10 oaths, fees, and other official duties. 11 5. 8. Except as provided in subsection 4 subsections 6 12 and 7 , a person shall not be appointed to the position of 13 court certified shorthand reporter of the district court unless 14 the person has been certified as a shorthand reporter by the 15 board of examiners under article 3. 16 6. 9. Each court certified shorthand reporter shall take an 17 oath faithfully to perform the duties of office, which shall be 18 filed in the office of the clerk of district court. 19 7. 10. A court certified shorthand reporter may be removed 20 for cause with due process by the judicial officer making the 21 appointment. 22 8. 11. If a judge dies, resigns, retires, is removed 23 from office, becomes disabled, or fails to be retained in 24 office and the judicial vacancy is eligible to be filled, 25 the court certified shorthand reporter appointed by the 26 judge shall serve as a court certified shorthand reporter, as 27 directed by the chief judge or the chief judge’s designee, 28 until the successor judge appoints a successor court certified 29 shorthand reporter. The court certified shorthand reporter 30 shall receive the reporter’s regular salary and benefits 31 during the period of time until a successor court certified 32 shorthand reporter is appointed or until the currently 33 appointed court certified shorthand reporter is reappointed. 34 Sec. 16. Section 602.8102, subsection 99, Code 2009, is 35 -7- LSB 5126YH (11) 83 jm/rj 7/ 13

H.F. 2369 amended to read as follows: 1 99. Collect jury fees and court certified 2 shorthand reporter fees as required by chapter 625. 3 Sec. 17. Section 602.8103, subsection 4, paragraphs g, h, 4 and j, Code 2009, are amended to read as follows: 5 g. Court Certified shorthand reporters’ notes and certified 6 transcripts of those notes in civil cases, ten years after 7 final disposition of the case. For purposes of this section, 8 “final disposition” means one year after dismissal of the case, 9 after judgment or decree without appeal, or after procedendo or 10 dismissal of appeal is filed in cases where appeal is taken. 11 h. Court Certified shorthand reporters’ notes and 12 certified transcripts of those notes in criminal cases, ten 13 years after dismissal of all charges, or ten years after the 14 expiration of all sentences imposed or the date probation 15 is granted, whichever later occurs. For purposes of this 16 subsection , “sentences imposed” include all sentencing options 17 pursuant to section 901.5. 18 j. Court Certified shorthand reporters’ notes and certified 19 transcripts of those notes in mental health hearings under 20 section 229.12 and substance abuse hearings under section 21 125.82, ninety days after the respondent has been discharged 22 from involuntary custody. 23 Sec. 18. Section 602.9206, unnumbered paragraph 1, Code 24 2009, is amended to read as follows: 25 Section 602.1612 does not apply to a senior judge but does 26 apply to a retired senior judge. During the tenure of a senior 27 judge, if the judge is able to serve, the judge may be assigned 28 by the supreme court to temporary judicial duties on courts of 29 this state without salary for an aggregate of thirteen weeks 30 out of each twelve-month period, and for additional weeks with 31 the judge’s consent. A senior judge shall not be assigned to 32 judicial duties on the supreme court unless the judge has been 33 appointed to serve on the supreme court prior to retirement. 34 While serving on temporary assignment, a senior judge has 35 -8- LSB 5126YH (11) 83 jm/rj 8/ 13

H.F. 2369 and may exercise all of the authority of the office to which 1 the judge is assigned, shall continue to be paid the judge’s 2 annuity as senior judge, shall be reimbursed for the judge’s 3 actual expenses to the extent expenses of a district judge 4 are reimbursable under section 602.1509, may, if permitted 5 by the assignment order, appoint a temporary court certified 6 shorthand reporter, who shall be paid the remuneration and 7 reimbursement for actual expenses provided by law for a 8 reporter in the court to which the senior judge is assigned, 9 and, if assigned to the court of appeals or the supreme court, 10 shall be given the assistance of a law clerk and a secretary 11 designated by the court administrator of the judicial branch 12 from the court administrator’s staff. Each order of temporary 13 assignment shall be filed with the clerks of court at the 14 places where the senior judge is to serve. 15 Sec. 19. Section 622.53, Code 2009, is amended to read as 16 follows: 17 622.53 Judicial record —— state or federal courts. 18 A judicial record of this state, including the filed 19 certified shorthand notes of the official court certified 20 shorthand reporter as transcribed or of a court of the United 21 States may be proved by the production of the original judicial 22 record , or a copy of it the original judicial record certified 23 by the clerk or person having the legal custody of it the 24 original judicial record , authenticated by the custodian’s 25 seal of office, if there is a seal. That of another state may 26 be proved by the attestation of the clerk and the seal of the 27 court annexed, if there is a seal, together with a certificate 28 of a judge, chief justice, or presiding magistrate that the 29 attestation is in due form of law. 30 Sec. 20. Section 624.9, Code 2009, is amended to read as 31 follows: 32 624.9 Detailed report of trial. 33 In all appealable actions triable by ordinary or equitable 34 proceedings, any party thereto shall be entitled to have 35 -9- LSB 5126YH (11) 83 jm/rj 9/ 13

H.F. 2369 reported the whole proceedings upon the trial or hearing, and 1 the court shall direct the a certified shorthand reporter to 2 make such report in writing , or shorthand, or by stenographic 3 means which shall contain the date of the commencement of the 4 trial, the proceedings impaneling the jury, and any objections 5 thereto with the rulings thereon, the oral testimony at 6 length, and all offers thereof, all objections thereto, the 7 rulings thereon, the identification as exhibits, by letter 8 or number or other appropriate mark, of all written or other 9 evidence offered, and by sufficient reference thereto, made 10 in the report, to make certain the object or thing offered, 11 all objections to such evidence and the rulings thereon, all 12 motions or other pleas orally made and the rulings thereon, 13 the fact that the testimony was closed, the portions of 14 arguments objected to, when so ordered by the court, all 15 objections thereto with the rulings thereon, all oral comments 16 or statements of the court during the progress of the trial, 17 and any exceptions taken thereto, the fact that the jury is 18 instructed, all objections and exceptions to instructions given 19 by the court on its own motion, the fact that the case is given 20 to the jury, the return of the verdict and action thereon of 21 whatever kind, and any other proceedings before the court or 22 jury which might be preserved and made of record by bill of 23 exceptions, and shall note that exception was saved by the 24 party adversely affected to every ruling made by the court. 25 Sec. 21. Section 625.8, subsection 2, Code Supplement 2009, 26 is amended to read as follows: 27 2. The clerk of the district court shall tax as a court 28 cost a fee of forty dollars per day for the services of a 29 court certified shorthand reporter. 30 Sec. 22. Section 631.11, subsection 3, Code Supplement 31 2009, is amended to read as follows: 32 3. Record. Upon the trial, the judicial magistrate shall 33 make detailed minutes of the testimony of each witness and 34 append the exhibits or copies thereof to the record. The 35 -10- LSB 5126YH (11) 83 jm/rj 10/ 13

H.F. 2369 proceedings upon trial shall not be reported by a certified 1 court shorthand reporter, unless the party provides the 2 reporter at such party’s expense. If the proceedings are 3 not reported by a certified court shorthand reporter, the 4 magistrate shall cause the proceedings upon trial to be 5 recorded electronically, and both parties shall be notified 6 in advance of that recording. If the proceedings have been 7 recorded electronically, the recording shall be retained under 8 the jurisdiction of the magistrate unless appealed, and upon 9 appeal shall be transcribed only by a person designated by the 10 court under the supervision of the magistrate. 11 Sec. 23. Section 631.13, subsection 4, paragraph a, 12 unnumbered paragraph 2, Code 2009, is amended to read as 13 follows: 14 If the record, in the opinion of the deciding judge, 15 is inadequate for the purpose of rendering a judgment on 16 appeal, the judge may order that additional evidence be 17 presented relative to one or more issues, and may enter any 18 other order which is necessary to protect the rights of the 19 parties. The judge shall take minutes of any additional 20 evidence, but the hearing shall not be reported by a certified 21 court shorthand reporter. 22 Sec. 24. Section 908.2, subsection 2, Code 2009, is amended 23 to read as follows: 24 2. The magistrate may order the alleged parole violator 25 confined in the county jail or may order the alleged parole 26 violator released on bail under terms and conditions as the 27 magistrate may require. Admittance to bail is discretionary 28 with the magistrate and is not a matter of right. A person 29 for whom bail is set may make application for amendment of 30 bail to a district judge or district associate judge having 31 jurisdiction to amend the order. The motion shall be promptly 32 set for hearing and a stenographic record shall be made of the 33 hearing. 34 EXPLANATION 35 -11- LSB 5126YH (11) 83 jm/rj 11/ 13

H.F. 2369 This bill relates to shorthand reporters. 1 The bill prohibits the Iowa supreme court from requiring, by 2 rule, disclosure of transcription compensation received by a 3 certified shorthand reporter pursuant to Code section 602.3202. 4 The bill specifies that a certified court reporter 5 shall take stenographic notes of all proceedings involving 6 delinquency, child in need of assistance, and termination of 7 parental rights. 8 The bill specifies that transcription compensation earned 9 pursuant to Code section 602.3202 shall not be used to offset 10 or reduce the compensation paid to a certified shorthand 11 reporter as a court employee and any effort to confiscate 12 compensation received for transcribing their official notes 13 shall be considered a taking. 14 The bill allows a party during the pendency of an appeal 15 to petition the Iowa supreme court requesting the court find 16 that an unreasonable delay in the preparation of the appeal 17 transcript has occurred. The bill provides that upon a finding 18 that an unreasonable delay has occurred the court may place 19 the certified shorthand reporter on unpaid leave until the 20 transcript is completed. 21 The bill provides that certified shorthand reporters in 22 each judicial district shall designate a certified shorthand 23 reporter in the judicial district to act as a liaison with the 24 clerk of the supreme court to ensure appeal transcripts from 25 the judicial district are prepared in a timely manner. 26 Under the bill, if a certified shorthand reporter is placed 27 on unpaid leave due to an unreasonable delay in the preparation 28 of an appeal transcript, the certified shorthand reporter 29 liaison or the liaison’s designee for the judicial district 30 shall reassign the remaining certified shorthand reporters 31 within the judicial district to ensure that any proceeding that 32 requires a stenographic record is recorded. If a reassignment 33 occurs under the bill and a proceeding requiring a stenographic 34 record is unable to be recorded, the chief judge may contract 35 -12- LSB 5126YH (11) 83 jm/rj 12/ 13

H.F. 2369 with a certified or uncertified shorthand reporter who has 1 not been appointed as a certified shorthand reporter for the 2 judicial branch to ensure that any proceeding requiring a 3 stenographic record is recorded. The bill provides that if an 4 uncertified shorthand reporter is appointed, the uncertified 5 reporter shall be treated as a certified shorthand reporter for 6 purposes of oaths, fees, and other judicial duties. 7 The bill requires the chief judge of each judicial district 8 to calculate the certified shorthand reporter-to-district 9 associate judge ratio in the judicial district as of January 10 1, 2009. The bill prohibits any subsequent calculation of the 11 certified shorthand reporter-to-district associate judge ratio 12 in the judicial district to fall below the ratio that existed 13 on January 1, 2009. The bill also prohibits a certified 14 shorthand reporter appointed by a district judge or otherwise 15 assigned to a district judge to be included in the calculation 16 of the ratio. 17 The bill specifies that a district associate judge, upon the 18 request of a party, shall use a certified shorthand reporter in 19 all criminal trials or hearings, juvenile proceedings, and in 20 civil cases where the amount in controversy exceeds the small 21 claims jurisdictional amount established under Code section 22 631.1. 23 The bill specifies that a certified shorthand reporter not 24 presently involved with reporting the evidence and proceedings 25 in a case with a judge may be reassigned to other judicial 26 branch duties as specified by the chief judge or certified 27 shorthand reporter liaison. 28 The bill changes the designation “court reporter” to 29 “certified shorthand reporter” in most places the designation 30 appears in the Code. 31 -13- LSB 5126YH (11) 83 jm/rj 13/ 13