HOUSE FILE 137

BY  KAUFMANN, ALONS, ARNOLD, BALTIMORE, BAUDLER, BERRY, BYRNES, CHAMBERS, COHOON, COWNIE, DOLECHECK, FORRISTALL, FRY, GAINES, GASKILL, HAGENOW, HALL, HEATON, HEDDENS, HELLAND, HUSEMAN, ISENHART, JACOBY, KAJTAZOVIC, KEARNS, KELLEY, KLEIN, KOESTER, KRESSIG, LUKAN, LYKAM, MASCHER, L. MILLER, MURPHY, R. OLSON, S. OLSON, PAUSTIAN, PETTENGILL, QUIRK, RASMUSSEN, RAYHONS, SCHULTE, J. SMITH, M. SMITH, SODERBERG, STECKMAN, SWAIM, THEDE, VAN ENGELENHOVEN, VANDER LINDEN, WAGNER, WENTHE, WILLEMS, WINCKLER, WINDSCHITL, WORTHAN, SANDS, and SCHULTZ

A BILL FOR

An Act relating to shorthand reporters.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 68B.39, Code 2011, is amended to read as follows:
   68B.39  Supreme court rules.
   1.  The supreme court of this state shall prescribe rules establishing a code of ethics for officials and employees of the judicial branch of this state, and the immediate family members of the officials and employees. Rules prescribed under this paragraph shall include provisions relating to the receipt or acceptance of gifts and honoraria, interests in public contracts, services against the state, and financial disclosure which are substantially similar to the requirements of this chapter.  The rules shall not require disclosure of certified shorthand reporter compensation authorized pursuant to section 602.3202.
   2.  The supreme court of this state shall also prescribe rules which relate to activities by officials and employees of the judicial branch which constitute conflicts of interest.
   Sec. 2.  Section 232.41, Code 2011, is amended to read as follows:
   232.41Reporter Certified shorthand reporter required.
   Stenographic notes or mechanical or electronic recordings shall be taken A certified shorthand reporter shall take stenographic notes of all court hearings held pursuant to this division unless waived by the parties. The child shall not be competent to waive the reporting requirement, but waiver may be made for the child by the child’s counsel or guardian ad litem. Matters which must be reported under the provisions of this section shall be reported in the same manner as required in section 624.9.
   Sec. 3.  Section 232.94, Code 2011, is amended to read as follows:
   232.94Reporter Certified shorthand reporter required.
   Stenographic notes or electronic or mechanical recordings shall be taken A certified shorthand reporter shall take stenographic notes of all court hearings held pursuant to this division unless waived by the parties. The child shall not be competent to waive the reporting requirement, but waiver may be made for the child by the child’s counsel or guardian ad litem. Matters which must be reported under the provisions of this section shall be reported in the same manner as required in section 624.9.
   Sec. 4.  Section 232.115, Code 2011, is amended to read as follows:
   232.115Reporter Certified shorthand reporter required.
   Stenographic notes or electronic or mechanical recordings shall be taken A certified shorthand reporter shall take stenographic notes of all court hearings held pursuant to this division unless waived by the parties. The child shall not be competent to waive the reporting requirement, but waiver may be made for the child by the child’s counsel or guardian ad litem. Matters which must be reported under the provisions of this section shall be reported in the same manner as required in section 624.9.
   Sec. 5.  Section 602.1102, subsection 6, Code 2011, is amended to read as follows:
   6.  Court Appointed certified shorthand reporters.
   Sec. 6.  Section 602.1214, subsection 4, Code 2011, is amended to read as follows:
   4.  The district court administrator shall employ and supervise all employees of the district court except court certified shorthand reporters, clerks of the district court, employees of the clerks of the district court, juvenile court officers, and employees of juvenile court officers.
   Sec. 7.  Section 602.1301, subsection 2, paragraph a, subparagraph (6), Code 2011, is amended to read as follows:
   (6)  Court certified shorthand reporters.
   Sec. 8.  Section 602.1502, subsections 2 and 3, Code 2011, are amended to read as follows:
   2.  Court Certified shorthand reporters who are employed on an emergency basis in the district court shall be paid not more than their usual and customary fees, while employed by the court. Payments shall be made at least once each month.
   3.  Court Certified shorthand reporters shall be paid compensation for transcribing their notes as provided in section 602.3202, but shall not work on outside depositions during the hours for which they are compensated as a court employee.
   Sec. 9.  Section 602.1612, subsection 4, Code 2011, is amended to read as follows:
   4.  A retired justice or judge may be authorized by the order of assignment to appoint a temporary court certified shorthand reporter, who shall receive the compensation and expense reimbursement provided by law for a regular court certified shorthand reporter in the court to which the justice or judge is assigned.
   Sec. 10.  Section 602.2104, subsection 2, Code 2011, is amended to read as follows:
   2.  In case of a hearing before the commission, written notice of the charge and of the time and place of hearing shall be mailed to a judicial officer or an employee of the judicial branch at the person’s residence at least twenty days prior to the time set for hearing. Hearing shall be held in the county where the judicial officer or employee of the judicial branch resides unless the commission and the judicial officer or employee of the judicial branch agree to a different location. The judicial officer shall continue to perform judicial duties during the pendency of the charge and the employee shall continue to perform the employee’s assigned duties, unless otherwise ordered by the commission. The attorney general shall prosecute the charge before the commission on behalf of the state. A judicial officer or employee of the judicial branch may defend and has the right to participate in person and by counsel, to cross-examine, to be confronted by the witnesses, and to present evidence in accordance with the rules of civil procedure. A complete record shall be made of the evidence by a court certified shorthand reporter. In accordance with its findings on the evidence, the commission shall dismiss the charge or make application to the supreme court to retire, discipline, or remove the judicial officer or to discipline or remove an employee of the judicial branch.
   Sec. 11.  Section 602.3201, Code 2011, is amended to read as follows:
   602.3201  Requirement of certification —— use of title.
   A person shall not engage in the profession of shorthand reporting unless the person is certified pursuant to this chapter, or otherwise exempted pursuant to section 602.6603, subsection 4 6. Only a person who is certified by the board may assume the title of certified shorthand reporter, or use the abbreviation C.S.R., or any words, letters, or figures to indicate that the person is a certified shorthand reporter.
   Sec. 12.  Section 602.3202, Code 2011, is amended to read as follows:
   602.3202  Transcript fee.
    1.  Certified shorthand reporters are entitled to receive compensation for transcribing their official notes as set by rule of the supreme court, to be paid for in all cases by the party ordering the transcription.
   2.  This section shall not be used to offset or reduce the compensation paid to a certified shorthand reporter as a court employee and any effort to confiscate compensation received for transcribing a certified shorthand reporter’s official notes pursuant to this section shall be considered a taking. 
   Sec. 13.  NEW SECTION.  602.3204  Transcription delay —— unpaid leave.
   A party to an appeal may petition the supreme court requesting the court find that an unreasonable delay in the preparation of the appeal transcript has occurred. Upon a finding that an unreasonable delay has occurred the court may place the appointed certified shorthand reporter on unpaid leave until the transcript is completed.
   Sec. 14.  NEW SECTION.  602.3205  Certified shorthand reporter liaison duties.
   1.  The appointed certified shorthand reporters in each judicial district shall designate an appointed certified shorthand reporter in the judicial district to act as a liaison with the clerk of the supreme court to ensure appeal transcripts from the judicial district are handled in a timely manner.
   2.  If an appointed certified shorthand reporter is placed on unpaid leave pursuant to section 602.3204, the certified shorthand reporter liaison or the liaison’s designee for the judicial district shall reassign the remaining appointed certified shorthand reporters within the judicial district to ensure that any proceeding requiring a stenographic record is recorded.
   Sec. 15.  Section 602.6603, Code 2011, is amended to read as follows:
   602.6603Court reporters Appointment of certified shorthand and uncertified shorthand reporters and duties.
   1.  Each district judge shall appoint a court certified shorthand reporter who shall, upon the request of a party in a civil or criminal case, report the evidence and proceedings in the case, and perform all duties as provided by law.
   2.  Each district associate judge may appoint a court certified shorthand reporter, subject to the approval of the chief judge of the judicial district.  The chief judge of each judicial district shall calculate the certified shorthand reporter-to-district associate judge ratio in the judicial district as of January 1, 2009. Any subsequent calculation of the certified shorthand reporter-to-district associate judge ratio in the judicial district shall not fall below the ratio that existed on January 1, 2009. Certified shorthand reporters appointed by a district judge or otherwise assigned to a district judge shall not be included in the calculation of the ratio under this subsection.
   3.  A district associate judge shall use a certified shorthand reporter, upon the request of a party, for all criminal trials or hearings, juvenile proceedings, and in civil cases where the amount in controversy exceeds the small claims jurisdictional amount pursuant to section 631.1.
   4.  An appointed certified shorthand reporter not presently involved with reporting the evidence and proceedings in a case with a judge may be reassigned to other judicial branch duties as specified by the chief judge or certified shorthand reporter liaison pursuant to section 602.3205. 
   3.5.  If a chief judge of a judicial district determines that it is necessary to employ an additional court certified shorthand reporter because of an extraordinary volume of work, or because of the temporary illness or incapacity of a regular court certified shorthand reporter, the chief judge may appoint a temporary court certified shorthand reporter who shall serve as required by the chief judge.
   4.6.  If a regularly appointed court certified shorthand reporter becomes disabled, or if a vacancy occurs in a regularly appointed court certified shorthand reporter position, and notwithstanding any other provision of the law to the contrary, the judge may appoint a competent uncertified shorthand reporter for a period of time of up to six months, upon verification by the chief judge that a diligent but unsuccessful search has been conducted to appoint a certified shorthand reporter to the position and, in a disability case, that the regularly appointed court certified shorthand reporter is disabled. An uncertified shorthand reporter shall not be reappointed to the position unless the reporter becomes a certified shorthand reporter within the period of appointment under this subsection.  If an uncertified shorthand reporter is appointed pursuant to this subsection, the uncertified shorthand reporter shall be treated as a certified shorthand reporter for all purposes including oaths, fees, and other official duties. 
   7.  If a reassignment occurs pursuant to section 602.3205 and a proceeding requiring a stenographic record is unable to be recorded, the chief judge, notwithstanding any other provision of the law to the contrary, may contract with a certified or uncertified shorthand reporter who has not been appointed as a shorthand reporter for the judicial branch to ensure that any proceeding requiring a stenographic record is recorded. If an uncertified shorthand reporter is appointed pursuant to this subsection, the uncertified shorthand reporter shall be treated as a certified shorthand reporter for all purposes including oaths, fees, and other official duties.
   5.8.  Except as provided in subsection 4 subsections 6 and 7, a person shall not be appointed to the position of court certified shorthand reporter of the district court unless the person has been certified as a shorthand reporter by the board of examiners under article 3.
   6.9.  Each court certified shorthand reporter shall take an oath faithfully to perform the duties of office, which shall be filed in the office of the clerk of district court.
   7.10.  A court certified shorthand reporter may be removed for cause with due process by the judicial officer making the appointment.
   8.11.  If a judge dies, resigns, retires, is removed from office, becomes disabled, or fails to be retained in office and the judicial vacancy is eligible to be filled, the court certified shorthand reporter appointed by the judge shall serve as a court certified shorthand reporter, as directed by the chief judge or the chief judge’s designee, until the successor judge appoints a successor court certified shorthand reporter. The court certified shorthand reporter shall receive the reporter’s regular salary and benefits during the period of time until a successor court certified shorthand reporter is appointed or until the currently appointed court certified shorthand reporter is reappointed.
   Sec. 16.  Section 602.8102, subsection 99, Code 2011, is amended to read as follows:
   99.  Collect jury fees and court certified shorthand reporter fees as required by chapter 625.
   Sec. 17.  Section 602.8103, subsection 4, paragraphs g, h, and j, Code 2011, are amended to read as follows:
   g.  Court Certified shorthand reporters’ notes and certified transcripts of those notes in civil cases, ten years after final disposition of the case. For purposes of this section, “final disposition” means one year after dismissal of the case, after judgment or decree without appeal, or after procedendo or dismissal of appeal is filed in cases where appeal is taken.
   h.  Court Certified shorthand reporters’ notes and certified transcripts of those notes in criminal cases, ten years after dismissal of all charges, or ten years after the expiration of all sentences imposed or the date probation is granted, whichever later occurs. For purposes of this subsection,“sentences imposed” include all sentencing options pursuant to section 901.5.
   j.  Court Certified shorthand reporters’ notes and certified transcripts of those notes in mental health hearings under section 229.12 and substance abuse hearings under section 125.82, ninety days after the respondent has been discharged from involuntary custody.
   Sec. 18.  Section 602.9206, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   Section 602.1612 does not apply to a senior judge but does apply to a retired senior judge. During the tenure of a senior judge, if the judge is able to serve, the judge may be assigned by the supreme court to temporary judicial duties on courts of this state without salary for an aggregate of thirteen weeks out of each twelve-month period, and for additional weeks with the judge’s consent. A senior judge shall not be assigned to judicial duties on the supreme court unless the judge has been appointed to serve on the supreme court prior to retirement. While serving on temporary assignment, a senior judge has and may exercise all of the authority of the office to which the judge is assigned, shall continue to be paid the judge’s annuity as senior judge, shall be reimbursed for the judge’s actual expenses to the extent expenses of a district judge are reimbursable under section 602.1509, may, if permitted by the assignment order, appoint a temporary court certified shorthand reporter, who shall be paid the remuneration and reimbursement for actual expenses provided by law for a reporter in the court to which the senior judge is assigned, and, if assigned to the court of appeals or the supreme court, shall be given the assistance of a law clerk and a secretary designated by the court administrator of the judicial branch from the court administrator’s staff. Each order of temporary assignment shall be filed with the clerks of court at the places where the senior judge is to serve.
   Sec. 19.  Section 622.53, Code 2011, is amended to read as follows:
   622.53  Judicial record —— state or federal courts.
   A judicial record of this state, including the filed certified shorthand notes of the official court certified shorthand reporter as transcribed or of a court of the United States may be proved by the production of the original judicial record, or a copy of it the original judicial record certified by the clerk or person having the legal custody of it the original judicial record, authenticated by the custodian’s seal of office, if there is a seal. That of another state may be proved by the attestation of the clerk and the seal of the court annexed, if there is a seal, together with a certificate of a judge, chief justice, or presiding magistrate that the attestation is in due form of law.
   Sec. 20.  Section 624.9, Code 2011, is amended to read as follows:
   624.9  Detailed report of trial.
   In all appealable actions triable by ordinary or equitable proceedings, any party thereto shall be entitled to have reported the whole proceedings upon the trial or hearing, and the court shall direct the a certified shorthand reporter to make such report in writing,or shorthand, or by stenographic means which shall contain the date of the commencement of the trial, the proceedings impaneling the jury, and any objections thereto with the rulings thereon, the oral testimony at length, and all offers thereof, all objections thereto, the rulings thereon, the identification as exhibits, by letter or number or other appropriate mark, of all written or other evidence offered, and by sufficient reference thereto, made in the report, to make certain the object or thing offered, all objections to such evidence and the rulings thereon, all motions or other pleas orally made and the rulings thereon, the fact that the testimony was closed, the portions of arguments objected to, when so ordered by the court, all objections thereto with the rulings thereon, all oral comments or statements of the court during the progress of the trial, and any exceptions taken thereto, the fact that the jury is instructed, all objections and exceptions to instructions given by the court on its own motion, the fact that the case is given to the jury, the return of the verdict and action thereon of whatever kind, and any other proceedings before the court or jury which might be preserved and made of record by bill of exceptions, and shall note that exception was saved by the party adversely affected to every ruling made by the court.
   Sec. 21.  Section 625.8, subsection 2, Code 2011, is amended to read as follows:
   2.  The clerk of the district court shall tax as a court cost a fee of forty dollars per day for the services of a court certified shorthand reporter.
   Sec. 22.  Section 631.11, subsection 3, Code 2011, is amended to read as follows:
   3.  Record.  Upon the trial, the judicial magistrate shall make detailed minutes of the testimony of each witness and append the exhibits or copies thereof to the record. The proceedings upon trial shall not be reported by a certified court certified shorthand reporter, unless the party provides the reporter at such party’s expense. If the proceedings are not reported by a certified court certified shorthand reporter, the magistrate shall cause the proceedings upon trial to be recorded electronically, and both parties shall be notified in advance of that recording. If the proceedings have been recorded electronically, the recording shall be retained under the jurisdiction of the magistrate unless appealed, and upon appeal shall be transcribed only by a person designated by the court under the supervision of the magistrate.
   Sec. 23.  Section 631.13, subsection 4, paragraph a, unnumbered paragraph 2, Code 2011, is amended to read as follows:
   If the record, in the opinion of the deciding judge, is inadequate for the purpose of rendering a judgment on appeal, the judge may order that additional evidence be presented relative to one or more issues, and may enter any other order which is necessary to protect the rights of the parties. The judge shall take minutes of any additional evidence, but the hearing shall not be reported by a certified court shorthand reporter.
   Sec. 24.  Section 908.2, subsection 2, Code 2011, is amended to read as follows:
   2.  The magistrate may order the alleged parole violator confined in the county jail or may order the alleged parole violator released on bail under terms and conditions as the magistrate may require. Admittance to bail is discretionary with the magistrate and is not a matter of right. A person for whom bail is set may make application for amendment of bail to a district judge or district associate judge having jurisdiction to amend the order. The motion shall be promptly set for hearing and a stenographic record shall be made of the hearing.
EXPLANATION
   This bill relates to shorthand reporters.
   The bill prohibits the Iowa supreme court from requiring, by rule, disclosure of transcription compensation received by a certified shorthand reporter pursuant to Code section 602.3202.
   The bill specifies that a certified court reporter shall take stenographic notes of all proceedings involving delinquency, child in need of assistance, and termination of parental rights.
   The bill specifies that transcription compensation earned pursuant to Code section 602.3202 shall not be used to offset or reduce the compensation paid to a certified shorthand reporter as a court employee and any effort to confiscate compensation received for transcribing their official notes shall be considered a taking.
   The bill allows a party during the pendency of an appeal to petition the Iowa supreme court requesting the court find that an unreasonable delay in the preparation of the appeal transcript has occurred. The bill provides that upon a finding that an unreasonable delay has occurred the court may place the certified shorthand reporter on unpaid leave until the transcript is completed.
   The bill provides that certified shorthand reporters in each judicial district shall designate a certified shorthand reporter in the judicial district to act as a liaison with the clerk of the supreme court to ensure appeal transcripts from the judicial district are prepared in a timely manner.
   Under the bill, if a certified shorthand reporter is placed on unpaid leave due to an unreasonable delay in the preparation of an appeal transcript, the certified shorthand reporter liaison or the liaison’s designee for the judicial district shall reassign the remaining certified shorthand reporters within the judicial district to ensure that any proceeding that requires a stenographic record is recorded. If a reassignment occurs under the bill and a proceeding requiring a stenographic record is unable to be recorded, the chief judge may contract with a certified or uncertified shorthand reporter who has not been appointed as a certified shorthand reporter for the judicial branch to ensure that any proceeding requiring a stenographic record is recorded. The bill provides that if an uncertified shorthand reporter is appointed, the uncertified reporter shall be treated as a certified shorthand reporter for purposes of oaths, fees, and other judicial duties.
   The bill requires the chief judge of each judicial district to calculate the certified shorthand reporter-to-district associate judge ratio in the judicial district as of January 1, 2009. The bill prohibits any subsequent calculation of the certified shorthand reporter-to-district associate judge ratio in the judicial district to fall below the ratio that existed on January 1, 2009. The bill also prohibits a certified shorthand reporter appointed by a district judge or otherwise assigned to a district judge to be included in the calculation of the ratio.
   The bill specifies that a district associate judge, upon the request of a party, shall use a certified shorthand reporter in all criminal trials or hearings, juvenile proceedings, and in civil cases where the amount in controversy exceeds the small claims jurisdictional amount established under Code section 631.1.
   The bill specifies that a certified shorthand reporter not presently involved with reporting the evidence and proceedings in a case with a judge may be reassigned to other judicial branch duties as specified by the chief judge or certified shorthand reporter liaison.
   The bill changes the designation “court reporter” to “certified shorthand reporter” in most places the designation appears in the Code.