House
File
137
-
Introduced
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.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
68B.39,
Code
2011,
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
2011,
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
2011,
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
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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
2011,
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
2011,
is
19
amended
to
read
as
follows:
20
6.
Court
Appointed
certified
shorthand
reporters.
21
Sec.
6.
Section
602.1214,
subsection
4,
Code
2011,
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
court
25
certified
shorthand
reporters,
clerks
of
the
district
court,
26
employees
of
the
clerks
of
the
district
court,
juvenile
court
27
officers,
and
employees
of
juvenile
court
officers.
28
Sec.
7.
Section
602.1301,
subsection
2,
paragraph
a,
29
subparagraph
(6),
Code
2011,
is
amended
to
read
as
follows:
30
(6)
Court
certified
shorthand
reporters.
31
Sec.
8.
Section
602.1502,
subsections
2
and
3,
Code
2011,
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
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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
2011,
is
8
amended
to
read
as
follows:
9
4.
A
retired
justice
or
judge
may
be
authorized
by
the
order
10
of
assignment
to
appoint
a
temporary
court
certified
shorthand
11
reporter,
who
shall
receive
the
compensation
and
expense
12
reimbursement
provided
by
law
for
a
regular
court
certified
13
shorthand
reporter
in
the
court
to
which
the
justice
or
judge
14
is
assigned.
15
Sec.
10.
Section
602.2104,
subsection
2,
Code
2011,
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
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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
2011,
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
2011,
is
amended
to
read
as
16
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
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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
2011,
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
certified
shorthand
reporter,
subject
to
the
approval
of
the
25
chief
judge
of
the
judicial
district.
The
chief
judge
of
each
26
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.
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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
shorthand
18
reporter
becomes
disabled,
or
if
a
vacancy
occurs
in
a
19
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.
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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
and
12
7
,
a
person
shall
not
be
appointed
to
the
position
of
court
13
certified
shorthand
reporter
of
the
district
court
unless
the
14
person
has
been
certified
as
a
shorthand
reporter
by
the
board
15
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
from
23
office,
becomes
disabled,
or
fails
to
be
retained
in
office
24
and
the
judicial
vacancy
is
eligible
to
be
filled,
the
court
25
certified
shorthand
reporter
appointed
by
the
judge
shall
26
serve
as
a
court
certified
shorthand
reporter,
as
directed
27
by
the
chief
judge
or
the
chief
judge’s
designee,
until
the
28
successor
judge
appoints
a
successor
court
certified
shorthand
29
reporter.
The
court
certified
shorthand
reporter
shall
receive
30
the
reporter’s
regular
salary
and
benefits
during
the
period
31
of
time
until
a
successor
court
certified
shorthand
reporter
32
is
appointed
or
until
the
currently
appointed
court
certified
33
shorthand
reporter
is
reappointed.
34
Sec.
16.
Section
602.8102,
subsection
99,
Code
2011,
is
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amended
to
read
as
follows:
1
99.
Collect
jury
fees
and
court
certified
shorthand
2
reporter
fees
as
required
by
chapter
625
.
3
Sec.
17.
Section
602.8103,
subsection
4,
paragraphs
g,
h,
4
and
j,
Code
2011,
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
2011,
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
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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
are
4
reimbursable
under
section
602.1509
,
may,
if
permitted
by
the
5
assignment
order,
appoint
a
temporary
court
certified
shorthand
6
reporter,
who
shall
be
paid
the
remuneration
and
reimbursement
7
for
actual
expenses
provided
by
law
for
a
reporter
in
the
8
court
to
which
the
senior
judge
is
assigned,
and,
if
assigned
9
to
the
court
of
appeals
or
the
supreme
court,
shall
be
given
10
the
assistance
of
a
law
clerk
and
a
secretary
designated
by
11
the
court
administrator
of
the
judicial
branch
from
the
court
12
administrator’s
staff.
Each
order
of
temporary
assignment
13
shall
be
filed
with
the
clerks
of
court
at
the
places
where
the
14
senior
judge
is
to
serve.
15
Sec.
19.
Section
622.53,
Code
2011,
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
2011,
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
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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
2011,
is
amended
26
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
court
29
certified
shorthand
reporter.
30
Sec.
22.
Section
631.11,
subsection
3,
Code
2011,
is
amended
31
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
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proceedings
upon
trial
shall
not
be
reported
by
a
certified
1
court
certified
shorthand
reporter,
unless
the
party
provides
2
the
reporter
at
such
party’s
expense.
If
the
proceedings
are
3
not
reported
by
a
certified
court
certified
shorthand
reporter,
4
the
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
2011,
is
amended
to
read
as
13
follows:
14
If
the
record,
in
the
opinion
of
the
deciding
judge,
is
15
inadequate
for
the
purpose
of
rendering
a
judgment
on
appeal,
16
the
judge
may
order
that
additional
evidence
be
presented
17
relative
to
one
or
more
issues,
and
may
enter
any
other
order
18
which
is
necessary
to
protect
the
rights
of
the
parties.
The
19
judge
shall
take
minutes
of
any
additional
evidence,
but
the
20
hearing
shall
not
be
reported
by
a
certified
court
shorthand
21
reporter.
22
Sec.
24.
Section
908.2,
subsection
2,
Code
2011,
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
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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
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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.
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