Bill Text: OR SB635 | 2013 | Regular Session | Introduced

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Bill Title: Relating to court reporting.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB635 Detail]

Download: Oregon-2013-SB635-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1269

                         Senate Bill 635

Sponsored by COMMITTEE ON JUDICIARY

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires judge to appoint certified shorthand reporter for
aggravated murder proceedings. Authorizes State Court
Administrator to establish policies for use of reporters.
  Authorizes appointment of stenographic reporter or
voice-writing reporter.
  Repeals provision establishing speed requirements for shorthand
reporting.

                        A BILL FOR AN ACT
Relating to court reporting; amending ORS 8.340, 8.415, 8.420,
  8.440 and 8.455; and repealing ORS 8.430.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 8.340 is amended to read:
  8.340. (1) It is the duty of each official reporter of the
circuit court, justice court or municipal court to attend the
court for which the reporter is appointed at such times as the
judge or justice of the peace may direct.
  (2) A circuit court reporter shall be appointed under a
personnel plan established by the Chief Justice of the Supreme
Court. Reporters for a justice or municipal court are not subject
to this subsection.
  (3) A reporter is an officer of the court in which the reporter
serves and of any court to which an appeal is made whenever the
reporter has recorded the proceedings that are the subject of the
appeal.
  (4) Upon the trial or hearing of any cause, the judge or
justice of the peace upon the motion of the judge or justice of
the peace may, and upon the request of either party shall, order
a report of the proceedings. The reporter shall, in the manner
provided in subsection   { - (5) - }   { + (6) + } of this
section, make a report of the oral testimony and other
proceedings of the trial or hearing to the extent required by the
court or by the requesting party.
   { +  (5)(a) Notwithstanding subsection (4) of this section,
the judge shall appoint a certified shorthand reporter for any
trial involving a charge of aggravated murder, as defined in ORS
163.095, and for any other proceeding involving a charge of
aggravated murder as designated by the State Court Administrator.
The State Court Administrator may establish policies and
procedures for the use of certified shorthand reporters in trials
and other proceedings involving a charge of aggravated murder,
including designating the types of proceedings for which a
reporter will be used. The reporter shall make a record of the
oral testimony and other proceedings of the trial or hearing
using the reporting method for which the reporter is certified. A
record made under this subsection is the official record of the
proceedings.
  (b) A reporter providing services under paragraph (a) of this
subsection must be certified in stenographic or voice-writing
reporting under ORS 8.415 to 8.455 or by a nationally recognized
certification program.
  (c) If a certified shorthand reporter is not available for
appointment under this subsection, or if a reporter appointed
under this subsection is not available at any time during the
trial or hearing, the court shall provide for an appropriate
alternative method for preserving an accurate official record of
the proceedings and the preparation of a transcript, if
necessary.
  (d) The office of the State Court Administrator shall pay the
costs of reporting services required by paragraph (a) of this
subsection. + }
    { - (5) - }   { + (6) Except as provided in subsection (5) of
this section, + } when a report is required, the reporter shall:
  (a) Take accurate notes   { - by shorthand or by means of a
mechanical or electronic typing device - }  { +  using the
reporting method for which the reporter is certified + }; or
  (b) Make audio records pursuant to policies and procedures
established by the State Court Administrator.
    { - (6) - }   { + (7) + } The notes or audio records of the
official reporter or a reporter providing services under
 { - subsection (7) - }  { + subsections (5) and (8) + } of this
section shall be filed in the office of the clerk of the court
subject to the provisions of ORS 7.120 and except as provided in
ORS 19.385.
    { - (7)(a) - }   { + (8)(a) + } In any circuit court
proceeding in which the court uses audio recording or video
recording, any party may, with reasonable notice to the trial
court, arrange for the reporting of the proceeding by
 { - stenographic means. A reporter providing stenographic
reporting services under this paragraph shall be - }   { + a
reporter + } certified in   { - shorthand - }   { + stenographic
or voice-writing + } reporting under ORS 8.415 to 8.455 or by a
nationally recognized certification program. The party arranging
for reporting of the proceeding by   { - stenographic means - }
 { + a certified shorthand reporter + } must provide the court
with the name of the reporter and an address and telephone number
where the reporter may be contacted.
  (b) If all parties to the proceedings agree, the
  { - stenographic - }  reporting of the proceedings by a
 { + certified shorthand + } reporter arranged for by a party may
be used by the parties during the proceedings.
  (c) If all parties to the proceedings agree, the
  { - stenographic - }  reporting of the proceedings by a
 { + certified shorthand + } reporter arranged for by a party is
the official record of the proceedings for the purpose of a
transcript on appeal. For all other purposes, the official record
of the proceedings shall be the record produced by the reporting
 { - technique - }   { + method + } used by the court, unless
otherwise ordered by the court.
  (d) Unless other parties agree to pay all or part of the cost
of the reporter, the party arranging for the reporting of the
  { - proceeding by stenographic means - }   { + proceedings by a
certified shorthand reporter + } under this subsection must pay
all costs of the reporter and the cost of providing copies of the
transcript to the court.
  SECTION 2. ORS 8.415 is amended to read:

  8.415. As used in ORS 8.415 to 8.455, unless the context
requires otherwise:
  (1) 'Administrator' means the State Court Administrator.
  (2) 'Advisory committee' means the Certified Shorthand
Reporters Advisory Committee created in ORS 8.455.
  (3) 'Certified shorthand reporter' means an individual who has
been certified to engage in the practice of   { - shorthand - }
 { +  stenographic or voice-writing + } reporting under ORS 8.415
to 8.455  { +  or by a nationally recognized certification
program + }.
  (4) '  { - Shorthand - }   { + Stenographic + } reporting'
means the making and transcribing of a verbatim record of any
court proceeding, deposition, hearing or other   { - matter where
the verbatim record is required or requested by any court, grand
jury, attorney or referee to be made - }   { + proceeding + } by
means of a written system of either manual or machine shorthand
procedures.
   { +  (5) 'Voice-writing reporting' means the making and
transcribing of a verbatim record of any court proceeding,
deposition, hearing or other proceeding by:
  (a) Recording the words in the proceeding using a voice
silencer for subsequent transcription; or
  (b) Using a speech-recognition computer-assisted transcription
program. + }
  SECTION 3. ORS 8.420 is amended to read:
  8.420. (1) The State Court Administrator shall verify the
qualifications of shorthand reporters to be certified and shall
issue the certificate of shorthand reporter to qualified
applicants. { +  A shorthand reporter may be certified to perform
stenographic reporting, voice-writing reporting or both. + }
  (2) The administrator shall adopt policies necessary to
administer ORS 8.415 to 8.455 and may appoint any committees
necessary to function in accordance with ORS 8.415 to 8.455.
  (3) The administrator shall:
  (a) Adopt policies establishing the qualifications necessary
for the issuance of a certificate of certified shorthand
reporter;
  (b) Determine the qualifications of persons applying for
certificates under ORS 8.415 to 8.455;
  (c) Adopt policies for the examination of applicants and the
issuing of certificates under ORS 8.415 to 8.455;
  (d) Grant certificates to qualified applicants upon compliance
with ORS 8.415 to 8.455 and policies of the administrator;
  (e) Establish continuing education requirements for biennial
renewal of certificates;
  (f) Collect fees as set by the administrator;
  (g) Require the biennial renewal of all certificates;
  (h) Establish a code of conduct and grounds for disciplinary
action; and
  (i) Investigate complaints regarding court reporters.
  (4) The Certified Shorthand Reporters Advisory Committee shall
recommend:
  (a) Standards establishing the qualifications necessary for the
issuance of a certificate of certified shorthand reporter;
  (b) Qualifications required of persons applying for
certificates under ORS 8.415 to 8.455;
  (c) Procedures for the examination of applicants and the
issuing of certificates under ORS 8.415 to 8.455;
  (d) Certificates be granted by the administrator to qualified
applicants upon compliance with ORS 8.415 to 8.455 and policies
of the administrator;
  (e) Continuing education requirements for biennial renewal of
certificates;
  (f) A code of conduct and grounds for suspension or revocation
of certificates or other disciplinary action to the
administrator;
  (g) Investigation of complaints regarding court reporters at
the direction of the administrator; and
  (h) Any corrective action that may be required.
  SECTION 4. ORS 8.440 is amended to read:
  8.440. (1) The State Court Administrator may:
  (a) Revoke, suspend or refuse to issue any certificate
described in ORS 8.415 to 8.455 or policies of the administrator.
  (b) Require additional education or training.
  (2) The administrator may revoke, suspend or refuse to issue
any certificate described in ORS 8.415 to 8.455 or policies of
the administrator in the case of a violation of any provision of
ORS 8.415 to 8.455 or policies of the administrator.
  (3) The administrator may require additional education or
training if the administrator finds the person engages in or has
engaged in conduct that evidences a lack of knowledge or ability
to apply skills of   { - shorthand - }   { + stenographic or
voice-writing + } reporting.
  SECTION 5. ORS 8.455 is amended to read:
  8.455. (1) There is created a Certified Shorthand Reporters
Advisory Committee consisting of seven members appointed by the
State Court Administrator as follows:
  (a) Four members of the advisory committee shall be persons
skilled in the practice of   { - shorthand - }   { + stenographic
or voice-writing + } reporting and shall have been engaged
continuously in the practice of   { - shorthand - }
 { + stenographic or voice-writing + } reporting for a period of
not less than five years prior to the date of appointment as a
member of the advisory committee.  Appointees shall be certified
under ORS 8.415 to 8.455. Of the  { +  certified + } shorthand
reporter members, two shall be official reporters and two shall
be free-lance reporters;
  (b) Two members of the advisory committee shall be members of
the Oregon State Bar; and
  (c) One member of the advisory committee shall be a public
member and not be a reporter or a member of the Oregon State Bar
or related thereto. The public member is entitled to compensation
and expenses as provided in ORS 292.495.
  (2) The term of a member of the advisory committee shall be
three years. A member is eligible for reappointment to the
advisory committee. Vacancies occurring shall be filled by
appointment for the unexpired term.
  (3) The advisory committee shall organize by the election of
one of its members as president and one as secretary.
  (4) A majority of the advisory committee shall constitute a
quorum for all purposes.
  SECTION 6.  { + ORS 8.430 is repealed. + }
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