REPEALING SECTION 12-222, ARIZONA REVISED STATUTES; AMENDING TITLE 32,
ARIZONA REVISED STATUTES, BY ADDING CHAPTER 40; MAKING AN APPROPRIATION;
RELATING TO COURT REPORTERS.
Be it enacted by the Legislature of the State of Arizona:
Section 1.
Section
Sec. 2. Title 32, Arizona Revised Statutes, is amended by adding chapter 40, to read:
1. "BOARD" MEANS THE BOARD OF CERTIFIED COURT REPORTERS.
2. "CERTIFY" MEANS BOARD AUTHORIZATION TO ENGAGE IN ACTIVITIES
REGULATED BY THE BOARD.
3. "CERTIFIED COURT REPORTER" MEANS A PERSON WHO IS CERTIFIED BY THE
BOARD AND WHO RECORDS AND TRANSCRIBES A VERBATIM RECORD IN ANY SWORN
PROCEEDING BY MEANS OF WRITTEN SYMBOLS OR ABBREVIATIONS IN SHORTHAND OR
MACHINE WRITING.
B. A CERTIFIED COURT REPORTER SHALL SIGN AND CERTIFY EACH TRANSCRIPT
THAT THE CERTIFIED COURT REPORTER PREPARES BEFORE THE TRANSCRIPT MAY BE USED
IN COURT.
C. A CERTIFIED COURT REPORTER SHALL INCLUDE THE TITLE "CERTIFIED COURT
REPORTER" AND THE REPORTER'S CERTIFICATE NUMBER ON THE TITLE OR COVER PAGE
OF ANY TRANSCRIPT, ON ANY BUSINESS CARD, ADVERTISEMENT OR LETTERHEAD AND ON
THE CERTIFICATE OF ANY TRANSCRIPT.
D. IT IS UNLAWFUL FOR ANY PERSON WHO IS NOT CERTIFIED PURSUANT TO THIS
CHAPTER TO REPRESENT ONESELF AS A CERTIFIED COURT REPORTER OR TO ENGAGE IN
THE ACTIVITIES OR PERFORM THE DUTIES OF A COURT REPORTER AS DEFINED IN
SECTION 32-4002.
1. THE CHIEF JUSTICE OF THE SUPREME COURT OR THE CHIEF JUSTICE'S
DESIGNEE.
2. ONE JUDGE OF THE COURT OF APPEALS WHO IS APPOINTED BY THE CHIEF
JUSTICE OF THE SUPREME COURT.
3. ONE SUPERIOR COURT JUDGE WHO IS APPOINTED BY THE CHIEF JUSTICE OF
THE SUPREME COURT.
4. TWO COURT REPORTERS WHO ARE RESIDENTS OF THIS STATE, WHO HAVE BEEN
OFFICIAL COURT REPORTERS FOR AT LEAST FIVE YEARS AND WHO ARE APPOINTED BY THE
CHIEF JUSTICE OF THE SUPREME COURT.
5. TWO COURT REPORTERS WHO ARE RESIDENTS OF THIS STATE, WHO HAVE BEEN
FREELANCE COURT REPORTERS FOR AT LEAST FIVE YEARS AND WHO ARE APPOINTED BY
THE CHIEF JUSTICE OF THE SUPREME COURT.
6. ONE ATTORNEY WHO IS A RESIDENT OF THIS STATE, WHO HAS BEEN LICENSED
TO PRACTICE LAW IN THIS STATE FOR AT LEAST FIVE YEARS AND WHO IS APPOINTED
BY THE CHIEF JUSTICE OF THE SUPREME COURT.
7. ONE PUBLIC MEMBER WHO HAS BEEN A RESIDENT OF THIS STATE FOR AT
LEAST FIVE YEARS AND WHO IS APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME
COURT.
B. MEMBERS APPOINTED PURSUANT TO SUBSECTION A, PARAGRAPHS 2 THROUGH
7 SERVE FIVE YEAR TERMS. THE CHIEF JUSTICE SHALL FILL A VACANCY FOR ANY
UNEXPIRED PORTION OF A TERM IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
C. A MAJORITY OF THE MEMBERS SHALL ELECT A CHAIRPERSON.
D. PUBLIC MEMBERS OF THE BOARD ARE NOT ELIGIBLE TO RECEIVE
COMPENSATION BUT ARE ELIGIBLE TO RECEIVE REIMBURSEMENT FOR EXPENSES PURSUANT
TO TITLE 38, CHAPTER 4, ARTICLE 2.
E. THE BOARD SHALL KEEP A RECORD OF ITS MEETINGS AND ALL OFFICIAL
ACTIONS AND SHALL MAINTAIN A REGISTER OF ALL APPLICANTS FOR CERTIFICATION AND
A ROSTER OF ALL CERTIFIED COURT REPORTERS. THE BOARD SHALL DESIGNATE THE
LOCATION WHERE IT MAINTAINS THE REGISTER AND ROSTER.
1. RECOMMEND AND THE SUPREME COURT SHALL ADOPT RULES TO IMPLEMENT AND
ENFORCE THIS CHAPTER.
2. DETERMINE THROUGH TESTING AND OTHER MEANS AN APPLICANT'S ABILITY
TO MAKE A VERBATIM RECORD OF PROCEEDINGS THAT MAY BE USED IN ANY COURT BY
MEANS OF WRITTEN SYMBOLS OR ABBREVIATIONS IN SHORTHAND OR MACHINE WRITING.
3. ISSUE CERTIFICATES TO QUALIFIED APPLICANTS.
4. MAKE RECOMMENDATIONS TO THE SUPREME COURT CONCERNING MATTERS
PERTAINING TO CERTIFIED COURT REPORTERS.
5. RECOMMEND AND THE SUPREME COURT SHALL SET FEES PURSUANT TO SECTION
32-4008.
6. REQUIRE CONTINUING EDUCATION.
7. ON ITS OWN MOTION OR ON RECEIPT OF A COMPLAINT, INVESTIGATE,
PROSECUTE AND ADJUDICATE ALLEGED VIOLATIONS OF THIS CHAPTER, AS APPROPRIATE.
8. IMPOSE CEASE AND DESIST ORDERS, ISSUE LETTERS OF CONCERN OR
WARNINGS OR ORDER REVOCATION OR SUSPENSION OF CERTIFICATION FOR VIOLATIONS
OF THIS CHAPTER AND ASSESS COSTS ASSOCIATED WITH THESE ACTIVITIES. THESE
COSTS SHALL BE DEPOSITED IN THE BOARD OF CERTIFIED COURT REPORTERS FUND
ESTABLISHED BY SECTION 32-4007.
9. ADOPT A CODE OF CONDUCT FOR COURT REPORTERS.
10. REQUIRE EACH APPLICANT TO SUBMIT A FULL SET OF FINGERPRINTS TO THE
BOARD FOR THE PURPOSE OF OBTAINING A STATE AND FEDERAL CRIMINAL RECORDS CHECK
PURSUANT TO SECTION 41-1750 AND PUBLIC LAW 92-544. THE DEPARTMENT OF PUBLIC
SAFETY MAY EXCHANGE THIS FINGERPRINT DATA WITH THE FEDERAL BUREAU OF
INVESTIGATION.
B. FOR THE PURPOSES OF INVESTIGATIONS OR HEARINGS UNDER THIS CHAPTER,
THE BOARD MAY ADMINISTER OATHS AND AFFIRMATIONS, SUBPOENA WITNESSES, TAKE
EVIDENCE AND REQUIRE THE PRODUCTION OF DOCUMENTS, RECORDS OR INFORMATION,
EITHER KEPT IN ORIGINAL FORM OR ELECTRONICALLY STORED OR RECORDED, OR OTHER
ITEMS THAT ARE RELEVANT OR MATERIAL TO THE INQUIRY.
C. IF A PERSON REFUSES TO OBEY A SUBPOENA ISSUED PURSUANT TO THIS
SECTION, THE BOARD MAY REQUEST THE SUPERIOR COURT TO ISSUE AN ORDER THAT
REQUIRES THE APPEARANCE BY A PERSON OR THE PRODUCTION OF DOCUMENTS OR OTHER
ITEMS, OR BOTH. THE COURT MAY TREAT THE FAILURE TO OBEY THE ORDER AS
CONTEMPT OF COURT AND MAY PUNISH THE CONTEMPT.
B. MONIES DEPOSITED IN THE BOARD OF CERTIFIED COURT REPORTERS FUND ARE
CONTINUOUSLY APPROPRIATED AND ARE EXEMPT FROM THE PROVISIONS OF SECTION
35-190 RELATING TO LAPSING OF APPROPRIATIONS.
C. THE SUPREME COURT MAY RECEIVE AND EXPEND MONIES FROM THE FUND FOR
THE PURPOSES OF THIS CHAPTER.
D. THE STATE TREASURER SHALL INVEST MONIES IN THE FUND. INTEREST
EARNED ON FUND MONIES SHALL BE DEPOSITED IN THE FUND.
1. EXAMINATION FEES.
2. CERTIFICATE APPLICATION FEES.
3. CERTIFICATE RENEWAL FEES.
4. TEMPORARY CERTIFICATE APPLICATION FEES.
5. TEMPORARY CERTIFICATE RENEWAL FEES.
1. BE AT LEAST EIGHTEEN YEARS OF AGE.
2. BE A CITIZEN OR LEGAL RESIDENT OF THE UNITED STATES.
3. SATISFY THE EXAMINATION REQUIREMENTS OF SECTION 32-4022.
4. BE OF GOOD MORAL CHARACTER.
5. POSSESS A HIGH SCHOOL DIPLOMA OR GENERAL EQUIVALENCY DIPLOMA OR
A SIMILAR DOCUMENT OR CERTIFICATE.
6. DEMONSTRATE REASONABLE PROFICIENCY IN MAKING VERBATIM RECORDS OF
TRIAL OR JUDICIAL OR RELATED PROCEEDINGS THROUGH THE APPLICANT'S ABILITY TO
PASS A BOARD APPROVED EXAMINATION FOR CERTIFICATION.
7. COMPLY WITH THE LAWS AND COURT RULES GOVERNING COURT REPORTERS IN
THIS STATE.
8. PAY THE FEES ESTABLISHED BY THE BOARD PURSUANT TO SECTION 32-4008.
1. ONE YEAR OF EXPERIENCE IN MAKING VERBATIM RECORDS OF MEETINGS,
CONFERENCES, HEARINGS OR JUDICIAL OR RELATED PROCEEDINGS BY MEANS OF WRITTEN
SYMBOLS OR ABBREVIATIONS IN SHORTHAND OR MACHINE WRITING AND IN TRANSCRIBING
THESE RECORDS.
2. A VERIFIED CERTIFICATE OF THE SATISFACTORY COMPLETION OF A
PRESCRIBED COURSE OF STUDY FROM A COURT REPORTING SCHOOL OR A CERTIFICATE
FROM A SCHOOL THAT EVIDENCES THE EQUIVALENT PROFICIENCY AND THE ABILITY TO
MAKE A VERBATIM RECORD OF MATERIAL THAT IS DICTATED PURSUANT TO RULES ADOPTED
BY THE BOARD.
3. A NATIONAL COURT REPORTERS ASSOCIATION'S REGISTERED PROFESSIONAL
REPORTER OR REGISTERED MERIT REPORTER CERTIFICATE.
4. A VALID CERTIFICATE TO PRACTICE COURT REPORTING THAT IS ISSUED BY
A STATE OTHER THAN THIS STATE IF THE OTHER STATE'S REQUIREMENTS AND
CERTIFYING EXAMINATION ARE SUBSTANTIALLY SIMILAR TO OR MORE STRINGENT THAN
THOSE IN THIS STATE.
B. THE EXAMINATION FOR CERTIFICATION CONSISTS OF THE FOLLOWING TWO
PARTS:
1. A NATIONAL COURT REPORTERS ASSOCIATION'S REGISTERED PROFESSIONAL
REPORTER EXAMINATION OR AN ALTERNATIVE EXAMINATION APPROVED BY THE SUPREME
COURT.
2. A WRITTEN KNOWLEDGE TEST OF RULES OF THE SUPREME COURT OF ARIZONA
AND STATUTES OF THIS STATE RELATING TO COURT REPORTERS.
C. THE BOARD SHALL CONTINUALLY REVIEW THE CONTENT AND SUBJECT MATTER
OF THE EXAMINATION AND SHALL MAKE CHANGES AS DEEMED NECESSARY.
D. THE BOARD SHALL HOLD EXAMINATIONS AT LEAST SEMIANNUALLY AND SHALL
SET THE TIME AND PLACE FOR THE EXAMINATIONS.
E. THE BOARD SHALL ISSUE A CERTIFICATE TO AN APPLICANT WHO PASSES THE
EXAMINATION AND MEETS THE OTHER REQUIREMENTS FOR CERTIFICATION. AN APPLICANT
WHO HAS PASSED A NATIONAL COURT REPORTERS ASSOCIATION'S REGISTERED
PROFESSIONAL REPORTER EXAMINATION OR A NATIONAL COURT REPORTERS ASSOCIATION'S
REGISTERED MERIT REPORTER EXAMINATION AND THE TEST PRESCRIBED BY SUBSECTION
B, PARAGRAPH 2 MAY APPLY FOR CERTIFICATION WITHOUT TAKING AND PASSING THE
EXAMINATION PRESCRIBED BY SUBSECTION B, PARAGRAPH 1, AND THE BOARD MAY ISSUE
THE APPLICANT A CERTIFICATE IF THE APPLICANT SUBMITS ALL OF THE FOLLOWING TO
THE BOARD:
1. PROOF THAT THE APPLICANT HOLDS A CURRENT NATIONAL COURT REPORTERS
ASSOCIATION'S REGISTERED PROFESSIONAL REPORTER OR REGISTERED MERIT REPORTER
DESIGNATION.
2. A COPY OF THE APPLICANT'S NATIONAL COURT REPORTERS ASSOCIATION'S
REGISTERED PROFESSIONAL REPORTER OR REGISTERED MERIT REPORTER CERTIFICATE.
3. PROOF OF PAYMENT OF ALL DUES AND FEES REQUIRED BY THE BOARD.
F. AN APPLICANT WHO FAILS TO PASS THE EXAMINATION PRESCRIBED BY
SUBSECTION B, PARAGRAPH 2 MAY APPLY FOR REEXAMINATION AT ANY TIME.
G. AN APPLICANT SHALL BE DISQUALIFIED FROM TAKING ANY FUTURE
EXAMINATION IF THE BOARD DETERMINES THAT THE APPLICANT ENGAGED IN FRAUD,
DISHONESTY OR CORRUPTION WHILE TAKING THE EXAMINATION.
B. THE CERTIFICATE HOLDER IS RESPONSIBLE FOR APPLYING FOR A RENEWAL
CERTIFICATE. ON RECEIPT OF THE RENEWAL APPLICATION AND THE RENEWAL FEE, THE
BOARD SHALL ISSUE THE APPLICANT A NEW CERTIFICATE FOR ONE YEAR, EXCEPT THAT
THE BOARD SHALL DENY THE ISSUANCE OF A RENEWAL CERTIFICATE IF THE BOARD
FINDS THAT THE APPLICANT HAS VIOLATED THIS CHAPTER.
C. A CERTIFICATE HOLDER SHALL INFORM THE BOARD OF ANY NAME OR ADDRESS
CHANGE WITHIN THIRTY DAYS AFTER THE CHANGE OCCURS.
D. A CERTIFICATE HOLDER SHALL INCLUDE WITH THE APPLICATION FOR RENEWAL
DOCUMENTATION SATISFACTORY TO THE BOARD THAT THE CERTIFICATE HOLDER HAS
SUCCESSFULLY COMPLETED AT LEAST TEN HOURS OF BOARD APPROVED CONTINUING
EDUCATION EACH YEAR.
1. THE APPLICANT COMMITTED FRAUD OR MISREPRESENTATION IN APPLYING FOR
A CERTIFICATE IN THIS STATE OR ANOTHER STATE.
2. THE APPLICANT WAS CONVICTED OF A FELONY OFFENSE OR ANY OTHER
OFFENSE INVOLVING MORAL TURPITUDE.
3. THE APPLICANT WAS ADJUDICATED INSANE OR INCOMPETENT.
4. THE APPLICANT ENGAGED IN FRAUD, DISHONESTY OR CORRUPTION ON A
CERTIFICATION EXAMINATION IN ANOTHER STATE.
5. THE APPLICANT IS SUBJECT TO REVOCATION OR SUSPENSION OF A
CERTIFICATE PURSUANT TO SECTION 32-4041.
B. THE BOARD SHALL REFUSE TO ISSUE A CERTIFICATE OR TO RENEW A
CERTIFICATE IF THE BOARD FINDS THAT EITHER OF THE FOLLOWING APPLIES:
1. THE APPLICANT DOES NOT MEET THE REQUIREMENTS UNDER SECTION 32-4021.
2. THE APPLICANT IS CURRENTLY ON PROBATION, PAROLE OR COMMUNITY
SUPERVISION OR IS NAMED IN AN OUTSTANDING ARREST WARRANT.
1. UNPROFESSIONAL CONDUCT.
2. VIOLATIONS OF THIS CHAPTER.
3. GROSS NEGLIGENCE OR INCOMPETENCE IN THE PERFORMANCE OF DUTIES.
4. FRAUD, DISHONESTY OR CORRUPTION.
5. INABILITY TO PERFORM THE DUTIES OF A COURT REPORTER AT A LEVEL OF
SKILL THAT IS REQUIRED BY THE BOARD.
6. AIDING OR ASSISTING ANOTHER PERSON TO ENGAGE IN THE VERBATIM
REPORTING OF ANY JUDICIAL PROCEEDING IF THE OTHER PERSON IS NOT A CERTIFIED
COURT REPORTER.
7. CONVICTION OF A FELONY OFFENSE OR ANY OTHER OFFENSE INVOLVING MORAL
TURPITUDE.
8. ADJUDICATION OF INSANITY OR INCOMPETENCY.
B. BEFORE REVOKING OR SUSPENDING A CERTIFICATE, THE BOARD SHALL GIVE
A CERTIFICATE HOLDER NOTICE AND AN OPPORTUNITY FOR A HEARING PURSUANT TO ITS
RULES.
Sec. 3.
A. The board of certified court reporters shall grant temporary certificates to practice court reporting pursuant to this act to persons who, to the satisfaction of the board, are either:
1. Eligible to serve as court reporters pursuant to section 32-4021, paragraphs 3 and 6, Arizona Revised Statutes, as added by this act, who are actively employed as court reporters in this state on the effective date of this act and who have applied for a temporary certificate by January 1, 2000.
2. Not actively employed as court reporters in this state on the effective date of this act or who have not applied for a temporary certificate by January 1, 2000, but who are eligible for examination under section 32-4022, Arizona Revised Statutes, as added by this act.
B. All temporary certificates shall be renewed annually and may not be renewed beyond December 31, 2002, except that the board may renew temporary certificates after December 31, 2002 due to extenuating circumstances.
C. Applicants for certification under this section shall submit their
request to the board of certified court reporters. The board may require
applicants to include signed affidavits from three attorneys or judges for
whom the court reporter has reported depositions or other judicial
proceedings and prepared transcripts.
Sec. 4.
A. Notwithstanding section 32-4004, Arizona Revised Statutes, as added
by this act, the initial terms of members of the board of certified court
reporters are:
1. Three terms ending on January 1, 2003.
2. Three terms ending on January 1, 2004.
3. Three terms ending on January 1, 2005.
B. The chief justice of the supreme court shall make all subsequent
appointments as prescribed by statute.
Sec. 5.
A. The sum of $30,000 is appropriated in fiscal year 1999-2000 from
the state general fund to the board of certified court reporters fund
established by section 32-4007, Arizona Revised Statutes, as added by this
act, for the start-up and operating costs of the board of certified court
reporters.
B. Notwithstanding section 32-4007, Arizona Revised Statutes, as added
by this act, the state treasurer shall deposit twenty per cent of the monies
collected pursuant to title 32, chapter 40, Arizona Revised Statutes, in the
state general fund until all monies appropriated pursuant to subsection A of
this section are repaid to the state general fund. The state treasurer shall
transfer the remaining eighty per cent of the monies collected to the board
of certified court reporters fund established by section 32-4007, Arizona Revised Statutes, as added by this act. If the monies are not repaid in full
by June 30, 2001, the state treasurer shall transfer from the board of
certified court reporters fund to the state general fund monies that are
necessary to repay in full the amount appropriated in subsection A of this
section. If the amount of monies remaining in the board of certified court
reporters fund on June 30, 2001 is less than the remaining amount owed to the
state general fund, the state treasurer shall continue to deposit twenty per
cent of the monies collected pursuant to title 32, chapter 40, Arizona Revised Statutes, after June 30, 2001 in the state general fund until the
amount is fully repaid and shall charge interest to the fund on the monies
owed at a rate that is determined by the state treasurer and that equals the
average rate the monies would have earned through investment if they had been
state general fund monies.
APPROVED BY THE GOVERNOR MAY 19, 1999.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 19, 1999.
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