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. + } ----------