Bill Text: MS HB404 | 2013 | Regular Session | Introduced
Bill Title: Court reporters; regulate procedures related to the recording of legal proceedings.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB404 Detail]
Download: Mississippi-2013-HB404-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary A
By: Representative Baker
House Bill 404
AN ACT TO PROHIBIT A COURT REPORTER OR ANY OTHER PERSON WHO RECORDS, IN ANY MANNER, A LEGAL PROCEEDING FROM HAVING ANY INTEREST IN THE LEGAL PROCEEDING THAT IS BEING RECORDED; TO REQUIRE COURT REPORTERS AND COURT REPORTING FIRMS TO FOLLOW CERTAIN RULES AND PROCEDURES; TO REQUIRE A COURT REPORTER OR ANY OTHER PERSON WHO RECORDS A LEGAL PROCEEDING TO PROVIDE AN ITEMIZED STATEMENT OF ALL RATES AND CHARGES FOR ALL SERVICES THAT HAVE BEEN OR WILL BE PROVIDED BY THE COURT REPORTER OR THE COURT REPORTING FIRM TO ANY PARTY TO THE LITIGATION AT ANY TIME DURING OR AFTER A PROCEEDING; TO REQUIRE THE BOARD OF CERTIFIED COURT REPORTERS TO ENFORCE PENALTIES FOR VIOLATIONS OF THIS ACT; TO AMEND SECTION 9-13-105, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) No court reporter or any other person employed or contracted by any party to a legal proceeding to record the legal proceeding for purposes of creating a transcript or other document for use in a court of law or quasi-court of law,
shall record, in any manner, any legal proceeding, if such person is:
(i) A party to the legal action being recorded;
(ii) A relative, employee or attorney of one (1) of the parties to the legal action;
(iii) Someone with a financial interest in the legal action or its outcome; or
(iv) A relative, employee, or attorney of someone with a financial interest in the legal action or its outcome.
(b) For purposes of this act, the term "court reporter" includes:
(i) Any court reporter, business, entity or firm, wherever based, in connection with any court or other legal or quasi-legal proceeding commenced or maintained in this state; or
(ii) Services provided by any court reporter, business, entity, or firm based in this state in connection with any court or other legal or quasi-legal proceeding that is commenced or maintained in a foreign jurisdiction. Court reporters, businesses, entities or firms providing or arranging for such court reporting services are subject to this act even if such businesses, entities or firms are not subject to registration or other regulatory oversight in this state. The provisions of this act apply to any legal proceeding conducted in the state, whether parties appear in person or by remote means.
(2) Before accepting an assignment, the court reporter and/or business, entity or firm providing or arranging for court reporting services is obligated to make reasonable efforts to ascertain whether any arrangement exists which is prohibited under this act. A legal proceeding shall include, but not be limited to, a court proceeding, a deposition, an administrative hearing, an arbitration hearing, examinations under oath, mediations and sworn statements.
SECTION 2. Court reporters shall not:
(a) Enter into an oral or written contractual agreement for more than one (1) case, action, or proceeding with any attorney, party to an action, insurance company, third-party administrator, or any other person or entity that has a financial interest in the case, action, or proceeding;
(b) Give any economic or other advantage to any party, or their attorney, representative, agent, or insurer without offering it to all parties;
(c) Base the compensation of the court reporter on the outcome of the proceeding or otherwise give the court reporter or court reporting firm a financial interest in the action;
(d) Offer or provide court reporting services where payment for those services will be made contingent on the outcome of the action restricting the noticing attorney from using the court reporter of the attorney's choice;
(d) Include a court reporter, or firm providing court reporter services, on any list of preferred providers of court reporting services;
(e) Allow the format, content, or body of the original transcript to be manipulated to increase the cost of the transcript; or
(f) Provide additional advocacy and litigation support services that are not offered on equal terms to all parties to a proceeding, including, but not limited to, trial preparation assistance and deposition summaries.
SECTION 3. (1) At any time during or following the conclusion of a legal proceeding, an attorney or a party to that proceeding has the right to an itemized statement of all rates and charges for all services that have been or will be provided by the court reporter or business, entity or firm providing or arranging for court reporting services to any party to the litigation.
(2) The Board of Certified Court Reporters, upon request, shall also be provided with an itemized invoice of all rates and charges for services that have been provided.
SECTION 4. The provisions of this act shall not be waived by any disclosure, agreement, stipulation, or by any other means for any reason.
SECTION 5. The provisions of this act shall not limit the authority of a governmental entity from hiring, employing or contracting with a court reporter on a long-term basis under the state bidding laws.
SECTION 6. Penalties for violations of this act shall include:
(a) The transcript shall be deemed void and ineligible for admission into a court of law or for use or submission in any arbitration or other legal or administrative proceeding; and
(b) The Board of Certified Court Reporters may fine or sanction the person individually and the firm that employs such person, if applicable, in the following manner:
(i) For the first violation, no less than Five Thousand Dollars ($5,000);
(ii) For the second violation, Two Thousand Five Hundred Dollars ($2,500.00); and
(iii) For each subsequent violation, the amount provided in subparagraph (ii) plus an additional Two Thousand Five Hundred Dollars ($2,500.00) per violation.
(c) A disciplinary proceeding before the Board of Certified Court Reporters, which may result in penalties, which include, but are not limited to, suspension or revocation of the license, registration, or certificate of the court reporter and the court reporting firm, if applicable.
SECTION 7. Section 9-13-105, Mississippi Code of 1972, is amended as follows:
9-13-105. The board is charged with the duty and vested with the power and authority:
(a) To determine the content of and administer examinations to be given to applicants for certification as a court reporter.
(b) To determine an applicant's ability to make a verbatim record of proceedings which may be used in any court in this state by any recognized system designated by the board and to pass upon the eligibility of applicants for certification.
(c) To issue certificates to those found qualified as court reporters who are in compliance with Section 9-13-109.
(d) To promulgate, amend and revise regulations relevant to its duties as necessary to implement this chapter. Such regulations shall be consistent with the provisions of Sections 9-13-101 through 9-13-121 and shall not be effective until approved by the Supreme Court.
(e) To make studies and, from time to time, recommendations to the Supreme Court concerning matters pertaining to court reporters.
(f) To account to the Supreme Court in all fiscal matters following recognized accounting procedures of the State Auditor.
(g) To exercise jurisdiction over disciplinary matters with regard to certified court reporters, those reporters granted temporary permission as noncertified or nonresident court reporters, those holding themselves out in the State of Mississippi to be court reporters and anyone engaged in the unauthorized practice of court reporting within the State of Mississippi in accordance with rules and regulations adopted by the board.
(h) To enter into contracts, hire staff and do such other things as may be necessary to implement the provisions of Sections 9-13-101 through 9-13-121.
(i) To enforce the provisions of House Bill No.____, 2013 Regular Session, and hold disciplinary hearings required by those provisions.
SECTION 8. This act shall take effect and be in force from and after July 1, 2013.
