Senate File 2301 - Introduced SENATE FILE 2301 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2257) A BILL FOR An Act relating to shorthand reporters. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5126SV (1) 83 jm/rj
S.F. 2301 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 5126SV (1) 83 jm/rj 1/ 13
S.F. 2301 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 5126SV (1) 83 jm/rj 2/ 13
S.F. 2301 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 5126SV (1) 83 jm/rj 3/ 13
S.F. 2301 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 5 . 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 5126SV (1) 83 jm/rj 4/ 13
S.F. 2301 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 court 24 reporter, subject to the approval of the chief judge of the 25 judicial district. 26 2. Each district associate judge shall appoint a certified 27 shorthand reporter who shall, upon the request of a party in 28 a civil or criminal case, report the evidence and proceedings 29 in the case, and perform all duties as provided in this 30 subsection. A district associate judge shall use a certified 31 shorthand reporter, upon the request of a party, for all 32 criminal trials or hearings, juvenile proceedings, and in civil 33 cases where the amount in controversy exceeds the small claims 34 jurisdictional amount pursuant to section 631.1. 35 -5- LSB 5126SV (1) 83 jm/rj 5/ 13
S.F. 2301 3. An appointed certified shorthand reporter not presently 1 involved with reporting the evidence and proceedings in a case 2 with a judge may be reassigned to other judicial branch duties 3 as specified by the chief judge or certified shorthand reporter 4 liaison pursuant to section 602.3205. 5 3. 4. If a chief judge of a judicial district determines 6 that it is necessary to employ an additional court certified 7 shorthand reporter because of an extraordinary volume of work, 8 or because of the temporary illness or incapacity of a regular 9 court certified shorthand reporter, the chief judge may appoint 10 a temporary court certified shorthand reporter who shall serve 11 as required by the chief judge. 12 4. 5. If a regularly appointed court certified 13 shorthand reporter becomes disabled, or if a vacancy occurs 14 in a regularly appointed court certified shorthand reporter 15 position, and notwithstanding any other provision of the law 16 to the contrary, the judge may appoint a competent uncertified 17 shorthand reporter for a period of time of up to six months, 18 upon verification by the chief judge that a diligent but 19 unsuccessful search has been conducted to appoint a certified 20 shorthand reporter to the position and, in a disability case, 21 that the regularly appointed court certified shorthand reporter 22 is disabled. An uncertified shorthand reporter shall not be 23 reappointed to the position unless the reporter becomes a 24 certified shorthand reporter within the period of appointment 25 under this subsection. If an uncertified shorthand reporter 26 is appointed pursuant to this subsection, the uncertified 27 shorthand reporter shall be treated as a certified shorthand 28 reporter for all purposes including oaths, fees, and other 29 official duties. 30 6. If a reassignment occurs pursuant to section 602.3205 and 31 a proceeding requiring a stenographic record is unable to be 32 recorded, the chief judge, notwithstanding any other provision 33 of the law to the contrary, may contract with a certified or 34 uncertified shorthand reporter who has not been appointed as a 35 -6- LSB 5126SV (1) 83 jm/rj 6/ 13
S.F. 2301 shorthand reporter for the judicial branch to ensure that any 1 proceeding requiring a stenographic record is recorded. If an 2 uncertified shorthand reporter is appointed pursuant to this 3 subsection, the uncertified shorthand reporter shall be treated 4 as a certified shorthand reporter for all purposes including 5 oaths, fees, and other official duties. 6 5. 7. Except as provided in subsection 4 subsections 5 7 and 6 , a person shall not be appointed to the position of 8 court certified shorthand reporter of the district court unless 9 the person has been certified as a shorthand reporter by the 10 board of examiners under article 3. 11 6. 8. Each court certified shorthand reporter shall take an 12 oath faithfully to perform the duties of office, which shall be 13 filed in the office of the clerk of district court. 14 7. 9. A court certified shorthand reporter may be removed 15 for cause with due process by the judicial officer making the 16 appointment. 17 8. 10. If a judge dies, resigns, retires, is removed 18 from office, becomes disabled, or fails to be retained in 19 office and the judicial vacancy is eligible to be filled, 20 the court certified shorthand reporter appointed by the 21 judge shall serve as a court certified shorthand reporter, as 22 directed by the chief judge or the chief judge’s designee, 23 until the successor judge appoints a successor court certified 24 shorthand reporter. The court certified shorthand reporter 25 shall receive the reporter’s regular salary and benefits 26 during the period of time until a successor court certified 27 shorthand reporter is appointed or until the currently 28 appointed court certified shorthand reporter is reappointed. 29 Sec. 16. Section 602.8102, subsection 99, Code 2009, is 30 amended to read as follows: 31 99. Collect jury fees and court certified 32 shorthand reporter fees as required by chapter 625. 33 Sec. 17. Section 602.8103, subsection 4, paragraphs g, h, 34 and j, Code 2009, are amended to read as follows: 35 -7- LSB 5126SV (1) 83 jm/rj 7/ 13
S.F. 2301 g. Court Certified shorthand reporters’ notes and certified 1 transcripts of those notes in civil cases, ten years after 2 final disposition of the case. For purposes of this section, 3 “final disposition” means one year after dismissal of the case, 4 after judgment or decree without appeal, or after procedendo or 5 dismissal of appeal is filed in cases where appeal is taken. 6 h. Court Certified shorthand reporters’ notes and 7 certified transcripts of those notes in criminal cases, ten 8 years after dismissal of all charges, or ten years after the 9 expiration of all sentences imposed or the date probation 10 is granted, whichever later occurs. For purposes of this 11 subsection , “sentences imposed” include all sentencing options 12 pursuant to section 901.5. 13 j. Court Certified shorthand reporters’ notes and certified 14 transcripts of those notes in mental health hearings under 15 section 229.12 and substance abuse hearings under section 16 125.82, ninety days after the respondent has been discharged 17 from involuntary custody. 18 Sec. 18. Section 602.9206, unnumbered paragraph 1, Code 19 2009, is amended to read as follows: 20 Section 602.1612 does not apply to a senior judge but does 21 apply to a retired senior judge. During the tenure of a senior 22 judge, if the judge is able to serve, the judge may be assigned 23 by the supreme court to temporary judicial duties on courts of 24 this state without salary for an aggregate of thirteen weeks 25 out of each twelve-month period, and for additional weeks with 26 the judge’s consent. A senior judge shall not be assigned to 27 judicial duties on the supreme court unless the judge has been 28 appointed to serve on the supreme court prior to retirement. 29 While serving on temporary assignment, a senior judge has 30 and may exercise all of the authority of the office to which 31 the judge is assigned, shall continue to be paid the judge’s 32 annuity as senior judge, shall be reimbursed for the judge’s 33 actual expenses to the extent expenses of a district judge 34 are reimbursable under section 602.1509, may, if permitted 35 -8- LSB 5126SV (1) 83 jm/rj 8/ 13
S.F. 2301 by the assignment order, appoint a temporary court certified 1 shorthand reporter, who shall be paid the remuneration and 2 reimbursement for actual expenses provided by law for a 3 reporter in the court to which the senior judge is assigned, 4 and, if assigned to the court of appeals or the supreme court, 5 shall be given the assistance of a law clerk and a secretary 6 designated by the court administrator of the judicial branch 7 from the court administrator’s staff. Each order of temporary 8 assignment shall be filed with the clerks of court at the 9 places where the senior judge is to serve. 10 Sec. 19. Section 622.53, Code 2009, is amended to read as 11 follows: 12 622.53 Judicial record —— state or federal courts. 13 A judicial record of this state, including the filed 14 certified shorthand notes of the official court certified 15 shorthand reporter as transcribed or of a court of the United 16 States may be proved by the production of the original judicial 17 record , or a copy of it the original judicial record certified 18 by the clerk or person having the legal custody of it the 19 original judicial record , authenticated by the custodian’s 20 seal of office, if there is a seal. That of another state may 21 be proved by the attestation of the clerk and the seal of the 22 court annexed, if there is a seal, together with a certificate 23 of a judge, chief justice, or presiding magistrate that the 24 attestation is in due form of law. 25 Sec. 20. Section 624.9, Code 2009, is amended to read as 26 follows: 27 624.9 Detailed report of trial. 28 In all appealable actions triable by ordinary or equitable 29 proceedings, any party thereto shall be entitled to have 30 reported the whole proceedings upon the trial or hearing, and 31 the court shall direct the a certified shorthand reporter to 32 make such report in writing , or shorthand, or by stenographic 33 means which shall contain the date of the commencement of the 34 trial, the proceedings impaneling the jury, and any objections 35 -9- LSB 5126SV (1) 83 jm/rj 9/ 13
S.F. 2301 thereto with the rulings thereon, the oral testimony at 1 length, and all offers thereof, all objections thereto, the 2 rulings thereon, the identification as exhibits, by letter 3 or number or other appropriate mark, of all written or other 4 evidence offered, and by sufficient reference thereto, made 5 in the report, to make certain the object or thing offered, 6 all objections to such evidence and the rulings thereon, all 7 motions or other pleas orally made and the rulings thereon, 8 the fact that the testimony was closed, the portions of 9 arguments objected to, when so ordered by the court, all 10 objections thereto with the rulings thereon, all oral comments 11 or statements of the court during the progress of the trial, 12 and any exceptions taken thereto, the fact that the jury is 13 instructed, all objections and exceptions to instructions given 14 by the court on its own motion, the fact that the case is given 15 to the jury, the return of the verdict and action thereon of 16 whatever kind, and any other proceedings before the court or 17 jury which might be preserved and made of record by bill of 18 exceptions, and shall note that exception was saved by the 19 party adversely affected to every ruling made by the court. 20 Sec. 21. Section 625.8, subsection 2, Code Supplement 2009, 21 is amended to read as follows: 22 2. The clerk of the district court shall tax as a court 23 cost a fee of forty dollars per day for the services of a 24 court certified shorthand reporter. 25 Sec. 22. Section 631.11, subsection 3, Code Supplement 26 2009, is amended to read as follows: 27 3. Record. Upon the trial, the judicial magistrate shall 28 make detailed minutes of the testimony of each witness and 29 append the exhibits or copies thereof to the record. The 30 proceedings upon trial shall not be reported by a certified 31 court shorthand reporter, unless the party provides the 32 reporter at such party’s expense. If the proceedings are 33 not reported by a certified court shorthand reporter, the 34 magistrate shall cause the proceedings upon trial to be 35 -10- LSB 5126SV (1) 83 jm/rj 10/ 13
S.F. 2301 recorded electronically, and both parties shall be notified 1 in advance of that recording. If the proceedings have been 2 recorded electronically, the recording shall be retained under 3 the jurisdiction of the magistrate unless appealed, and upon 4 appeal shall be transcribed only by a person designated by the 5 court under the supervision of the magistrate. 6 Sec. 23. Section 631.13, subsection 4, paragraph a, 7 unnumbered paragraph 2, Code 2009, is amended to read as 8 follows: 9 If the record, in the opinion of the deciding judge, 10 is inadequate for the purpose of rendering a judgment on 11 appeal, the judge may order that additional evidence be 12 presented relative to one or more issues, and may enter any 13 other order which is necessary to protect the rights of the 14 parties. The judge shall take minutes of any additional 15 evidence, but the hearing shall not be reported by a certified 16 court shorthand reporter. 17 Sec. 24. Section 908.2, subsection 2, Code 2009, is amended 18 to read as follows: 19 2. The magistrate may order the alleged parole violator 20 confined in the county jail or may order the alleged parole 21 violator released on bail under terms and conditions as the 22 magistrate may require. Admittance to bail is discretionary 23 with the magistrate and is not a matter of right. A person 24 for whom bail is set may make application for amendment of 25 bail to a district judge or district associate judge having 26 jurisdiction to amend the order. The motion shall be promptly 27 set for hearing and a stenographic record shall be made of the 28 hearing. 29 EXPLANATION 30 This bill relates to shorthand reporters. 31 The bill prohibits the Iowa supreme court from requiring, by 32 rule, disclosure of transcription compensation received by a 33 certified shorthand reporter pursuant to Code section 602.3202. 34 The bill specifies that a certified court reporter 35 -11- LSB 5126SV (1) 83 jm/rj 11/ 13
S.F. 2301 shall take stenographic notes of all proceedings involving 1 delinquency, child in need of assistance, and termination of 2 parental rights. 3 The bill specifies that transcription compensation earned 4 pursuant to Code section 602.3202 shall not be used to offset 5 or reduce the compensation paid to a certified shorthand 6 reporter as a court employee and any effort to confiscate 7 compensation received for transcribing their official notes 8 shall be considered a taking. 9 The bill allows a party during the pendency of an appeal 10 to petition the Iowa supreme court requesting the court find 11 that an unreasonable delay in the preparation of the appeal 12 transcript has occurred. The bill provides that upon a finding 13 that an unreasonable delay has occurred the court may place 14 the certified shorthand reporter on unpaid leave until the 15 transcript is completed. 16 The bill provides that certified shorthand reporters in 17 each judicial district shall designate a certified shorthand 18 reporter in the judicial district to act as a liaison with the 19 clerk of the supreme court to ensure appeal transcripts from 20 the judicial district are prepared in a timely manner. 21 Under the bill, if a certified shorthand reporter is placed 22 on unpaid leave due to an unreasonable delay in the preparation 23 of an appeal transcript, the certified shorthand reporter 24 liaison or the liaison’s designee for the judicial district 25 shall reassign the remaining certified shorthand reporters 26 within the judicial district to ensure that any proceeding that 27 requires a stenographic record is recorded. If a reassignment 28 occurs under the bill and a proceeding requiring a stenographic 29 record is unable to be recorded, the chief judge may contract 30 with a certified or uncertified shorthand reporter who has 31 not been appointed as a certified shorthand reporter for the 32 judicial branch to ensure that any proceeding requiring a 33 stenographic record is recorded. The bill provides that if an 34 uncertified shorthand reporter is appointed, the uncertified 35 -12- LSB 5126SV (1) 83 jm/rj 12/ 13
S.F. 2301 reporter shall be treated as a certified shorthand reporter for 1 purposes of oaths, fees, and other judicial duties. 2 The bill strikes a provision allowing a district associate 3 judge to appoint a court reporter upon approval of the chief 4 judge and permits each district associate judge to appoint a 5 certified shorthand reporter who shall, upon the request of 6 a party in a civil or criminal case, report the evidence and 7 proceedings in a case before the district associate judge. 8 The bill specifies that a district associate judge, upon the 9 request of a party, shall use a certified shorthand reporter in 10 all criminal trials or hearings, juvenile proceedings, and in 11 civil cases where the amount in controversy exceeds the small 12 claims jurisdictional amount established under Code section 13 631.1. 14 The bill specifies that a certified shorthand reporter not 15 presently involved with reporting the evidence and proceedings 16 in a case with a judge may be reassigned to other judicial 17 branch duties as specified by the chief judge or certified 18 shorthand reporter liaison. 19 The bill changes the designation “court reporter” to 20 “certified shorthand reporter” in most places the designation 21 appears in the Code. 22 -13- LSB 5126SV (1) 83 jm/rj 13/ 13