S.B. 155

1

COURT REPORTER AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Craig A. Peterson
5 AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS AND THE JUDICIAL CODE;
6 CREATING THE CERTIFIED SHORTHAND REPORTERS LICENSING ACT TO BE
7 ADMINISTERED BY THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL
8 LICENSING WITHIN THE DEPARTMENT OF COMMERCE; AND CREATING THE
9 COURT REPORTER ACT TO BE ADMINISTERED BY THE COURTS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 26-4-21, as last amended by Chapter 38, Laws of Utah 1993
13 77-10a-13, as last amended by Chapter 5, Laws of Utah 1991
14 77-10a-20, as enacted by Chapter 318, Laws of Utah 1990
15 ENACTS:
16 58-74-101, Utah Code Annotated 1953
17 58-74-102, Utah Code Annotated 1953
18 58-74-201, Utah Code Annotated 1953
19 58-74-301, Utah Code Annotated 1953
20 58-74-302, Utah Code Annotated 1953
21 58-74-303, Utah Code Annotated 1953
22 58-74-401, Utah Code Annotated 1953
23 58-74-501, Utah Code Annotated 1953
24 58-74-502, Utah Code Annotated 1953
25 78-56-101, Utah Code Annotated 1953
26 78-56-102, Utah Code Annotated 1953
27 78-56-106, Utah Code Annotated 1953

1 RENUMBERS AND AMENDS:
2 78-56-103, (Renumbered from 78-56-15, as last amended by Chapter 198, Laws of Utah 1996)
3 78-56-104, (Renumbered from 78-56-16.1, as last amended by Chapter 79, Laws of Utah 1996)
4 78-56-105, (Renumbered from 78-56-1.1, as last amended by Chapter 268, Laws of Utah 1991)
5 78-56-107, (Renumbered from 78-56-3, as last amended by Chapter 197, Laws of Utah 1963)
6 78-56-108, (Renumbered from 78-56-4, as last amended by Chapter 166, Laws of Utah 1983)
7 78-56-109, (Renumbered from 78-56-6, Utah Code Annotated 1953)
8 78-56-110, (Renumbered from 78-56-8, as last amended by Chapters 101 and 248, Laws of
9 Utah 1988)
10 78-56-111, (Renumbered from 78-56-19, as last amended by Chapter 204, Laws of Utah 1995)
11 REPEALS:
12 78-56-2, as last amended by Chapter 237, Laws of Utah 1987
13 78-56-5, Utah Code Annotated 1953
14 78-56-7, Utah Code Annotated 1953
15 78-56-13, as last amended by Chapter 187, Laws of Utah 1985
16 78-56-14, as last amended by Chapter 198, Laws of Utah 1996
17 78-56-16, as last amended by Chapter 187, Laws of Utah 1985
18 78-56-17, as last amended by Chapter 187, Laws of Utah 1985
19 78-56-18, Utah Code Annotated 1953
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 26-4-21 is amended to read:
22 26-4-21. Authority of county attorney or district attorney to subpoena witnesses and
23 compel testimony -- Determination if decedent died by unlawful means.
24 (1) The district attorney or county attorney having criminal jurisdiction may subpoena
25 witnesses and compel testimony concerning the death of any person and have such testimony
26 reduced to writing under his direction and may employ a [stenographer] shorthand reporter for that
27 purpose at the same compensation as is allowed to reporters in the district courts. When the
28 testimony has been taken down by the [stenographer] shorthand reporter, a transcript thereof, duly
29 certified, shall constitute the deposition of the witness.
30 (2) Upon review of all facts and testimony taken concerning the death of a person, the
31 district attorney or county attorney having criminal jurisdiction shall determine if the decedent died

- 2 -

1 by unlawful means and shall also determine if criminal prosecution shall be instituted.
2 Section 2. Section 58-74-101 is enacted to read:
3 CHAPTER 74. CERTIFIED SHORTHAND REPORTERS LICENSING ACT
4 Part 1. General Provisions
5 58-74-101. Title.
6 This chapter is known as the "Certified Shorthand Reporters Licensing Act."
7 Section 3. Section 58-74-102 is enacted to read:
8 58-74-102. Definitions.
9 In addition to the definitions in Section 58-1-102, as used in this chapter:
10 (1) "Board" means the Certified Shorthand Reporters Licensing Board created in Section
11 58-74-201.
12 (2) "Certified Shorthand Reporter" means any person licensed under this chapter who is
13 engaged in the practice of shorthand reporting.
14 (3) "Official Court Reporter" means a certified shorthand reporter employed by the courts.
15 (4) "Official Court Transcriber" means a person certified in accordance with rules of the
16 Judicial Council as competent to transcribe into written form an audio or video recording of court
17 proceedings.
18 (5) "Practice of shorthand reporting" means the practice of making a verbatim record,
19 using symbols or abbreviations, of any trial, proceeding, or hearing before any court, or before any
20 referee, master, board, or commission of this state or its political subdivisions.
21 (6) "Registered Professional Reporter" means any person who has successfully completed
22 and passed the Registered Professional Reporter Examination of the National Shorthand Reporters
23 Association and holds a certificate from that organization to that effect.
24 (7) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-74-501.
25 (8) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-74-502.
26 Section 4. Section 58-74-201 is enacted to read:
27 58-74-201. Board.
28 (1) There is created the Certified Shorthand Reporters Licensing Board consisting of four
29 persons licensed in accordance with this chapter and engaged as shorthand reporters within this
30 state continuously for at least five years previous to appointment and one member of the general
31 public.

- 3 -

1 (2) The board shall be appointed and serve in accordance with Section 58-1-201.
2 (3) The duties and responsibilities of the board shall be in accordance with Sections
3 58-1-202 and 58-1-203. In addition, the board shall designate one of its members on a permanent
4 or rotating basis to:
5 (a) assist the division in reviewing complaints concerning the unlawful or unprofessional
6 conduct of a licensee; and
7 (b) advise the division in its investigation of these complaints.
8 (4) A board member who has, under Subsection (3), reviewed a complaint or advised in
9 its investigation may be disqualified from participating with the board when the board serves as
10 a presiding officer of an administrative proceeding concerning the complaint.
11 Section 5. Section 58-74-301 is enacted to read:
12 Part 3. Licensing
13 58-74-301. Licensure required.
14 (1) A license is required to engage in the practice of shorthand reporting.
15 (2) The division shall issue to any person who qualifies under this chapter a license to
16 practice shorthand reporting.
17 Section 6. Section 58-74-302 is enacted to read:
18 58-74-302. Qualifications for licensure.
19 (1) Each applicant for licensure as a certified shorthand reporter under this chapter shall:
20 (a) be at least 18 years of age;
21 (b) be a citizen of the United States;
22 (c) submit an application in a form prescribed by the division;
23 (d) pay a fee determined by the department under Subsection 63-38-3(2);
24 (e) possess a high degree of skill and ability in the art of shorthand reporting;
25 (f) produce satisfactory evidence of good moral character; and
26 (g) submit evidence that they have completed and passed the Registered Professional
27 Reporter Examination of the National Shorthand Reporters Association or its equivalent.
28 (2) Any person granted a certificate to practice as a certified shorthand reporter shall be
29 known as a certified shorthand reporter and may use the abbreviation, "C.S.R.," as long as their
30 certificate is current and valid.
31 Section 7. Section 58-74-303 is enacted to read:

- 4 -

1 58-74-303. Term of license -- Expiration -- Renewal.
2 (1) The division shall issue each license under this chapter in accordance with a two-year
3 renewal cycle established by rule. The division may by rule extend or shorten a renewal cycle by
4 as much as one year to stagger the renewal cycles it administers.
5 (2) Each license automatically expires on the expiration date shown on the license unless
6 the licensee renews it in accordance with Section 58-1-308.
7 Section 8. Section 58-74-401 is enacted to read:
8 Part 4. License Denial and Discipline
9 58-74-401. Grounds for denial of license -- Disciplinary proceedings.
10 Grounds for refusing to issue a license to an applicant, for refusing to renew the license of
11 a licensee, for revoking, suspending, restricting, or placing on probation the license of a licensee,
12 for issuing a public or private reprimand to a licensee, and for issuing a cease and desist order shall
13 be in accordance with Sections 58-1-401 and 78-56-104.
14 Section 9. Section 58-74-501 is enacted to read:
15 Part 5. Unprofessional Conduct -- Penalties
16 58-74-501. Unlawful conduct.
17 (1) It is unlawful for any person not licensed in accordance with this chapter to assume the
18 title or use the abbreviation C.S.R. or any other similar words, letters, figures, or abbreviation to
19 indicate that the person using them is a certified shorthand reporter.
20 (2) Violation of this provision is a class A misdemeanor.
21 Section 10. Section 58-74-502 is enacted to read:
22 58-74-502. Unprofessional conduct.
23 "Unprofessional conduct" includes:
24 (1) conduct unbecoming a person licensed as a certified shorthand reporter or which is
25 detrimental to the interests of the public;
26 (2) willful or negligent betrayal or disclosure of confidential information about which the
27 licensee becomes knowledgeable as a result of or incidental to his practice as a licensee;
28 (3) false or deceptive representation of a licensee's skills, competence, capability, or
29 resources as a certified shorthand reporter;
30 (4) offering, undertaking, or agreeing to undertake an assignment as a certified shorthand
31 reporter for which the licensee is not qualified, for which the licensee cannot complete the

- 5 -

1 assignment in a timely manner, or for which the licensee does not have the resources to complete
2 the assignment as agreed in a professional manner;
3 (5) use of fraud, deception, misrepresentation, misstatement, omission, or any unlawful
4 or unethical means in applying for and obtaining a license under this chapter;
5 (6) employing of another or aiding and abetting the employment of another in practice as
6 a certified shorthand reporter when it is known or should have been known by the licensee that the
7 person employed was not licensed as a certified shorthand reporter;
8 (7) the use of any chemical, drug, or alcohol in any unlawful manner or in any manner
9 which negatively affects the ability of the licensee to competently practice as a certified shorthand
10 reporter;
11 (8) impersonating another person licensed under this chapter;
12 (9) willfully and intentionally making any false or fraudulent record in the performance
13 of his duties as a certified shorthand reporter;
14 (10) any conduct contrary to the recognized standards and ethics of the profession of a
15 certified shorthand reporter;
16 (11) gross incompetence in practice as a certified shorthand reporter;
17 (12) violation of any provision of this chapter or rules promulgated to regulate the practice
18 of shorthand reporters;
19 (13) conviction of a felony or any other crime which is considered by the board to
20 represent activity detrimental to the public interest as that interest is reflected in the licensee
21 continuing to practice as a certified shorthand reporter; or
22 (14) attesting to or "signing off" on the transcript of any recorded proceeding unless that
23 proceeding was recorded by that person while physically present at the proceeding or was
24 personally transcribed by that person from an electronically recorded process.
25 Section 11. Section 77-10a-13 is amended to read:
26 77-10a-13. Location -- Who may be present -- Witnesses -- Witnesses who are
27 subjects -- Evidence -- Contempt -- Notice -- Record of proceedings -- Disclosure.
28 (1) The managing judge shall designate the place where the grand jury meets. The grand
29 jury may, upon request and with the permission of the managing judge, meet and conduct business
30 any place within the state. Subject to the approval of the managing judge the grand jury shall
31 determine the times at which it meets.

- 6 -

1 (2) (a) Attorneys representing the state, special prosecutors appointed under Section
2 77-10a-12, the witness under examination, interpreters when needed, counsel for a witness, and
3 a [stenographer] court reporter or operator of a recording device to record the proceedings may be
4 present while the grand jury is in session.
5 (b) No person other than the jurors may be present while the grand jury is deliberating.
6 (3) (a) The attorneys representing the state and the special prosecutors may subpoena
7 witnesses to appear before the grand jury and may subpoena evidence in the name of the grand jury
8 without the prior approval or consent of the grand jury or the court. The jury may request that
9 other witnesses or evidence be subpoenaed.
10 (b) Subpoenas may be issued in the name of the grand jury to any person located within
11 the state and for any evidence located within the state or as otherwise provided by law.
12 (c) The managing judge may enter any order necessary to secure compliance with any
13 subpoena issued in the name of the grand jury.
14 (4) (a) Any witness who appears before the grand jury shall be advised, by the attorney
15 for the state or the special prosecutor, of his right to be represented by counsel.
16 (b) A witness who is also a subject as defined in Section 77-10a-1 shall at the time he
17 appears as a witness be advised:
18 (i) of his right to be represented by counsel;
19 (ii) that he is a subject;
20 (iii) that he may claim his privilege against self-incrimination; and
21 (iv) of the general scope of the grand jury's investigation.
22 (c) A witness who is also a target as defined in Section 77-10a-1 shall at the time he
23 appears as a witness, be advised:
24 (i) of his right to be represented by counsel;
25 (ii) that he is a target;
26 (iii) that he may claim his privilege against self-incrimination;
27 (iv) that the attorney for the state, the special prosecutor, or the grand jury is in possession
28 of substantial evidence linking him to the commission of a crime for which he could be charged;
29 and
30 (v) of the general nature of that charge and of the evidence that would support the charge.
31 (d) This subsection does not require the attorney for the state, the special prosecutor, or

- 7 -

1 the grand jury to disclose to any subject or target the names or identities of witnesses, sources of
2 information, or informants, or disclose information in detail or in a fashion that would jeopardize
3 or compromise any ongoing criminal investigation or endanger any person or the community.
4 (5) (a) The grand jury shall receive evidence without regard for the formal rules of
5 evidence, except the grand jury may receive hearsay evidence only under the same provisions and
6 limitations that apply to preliminary hearings.
7 (b) Any person, including a witness who has previously testified or produced books,
8 records, documents, or other evidence, may present exculpatory evidence to the attorney
9 representing the state or the special prosecutor and request that it be presented to the grand jury,
10 or request to appear personally before the grand jury to testify or present evidence to that body.
11 The attorney for the state or the special prosecutor shall forward the request to the grand jury.
12 (c) When the attorney for the state or the special prosecutor is personally aware of
13 substantial and competent evidence negating the guilt of a subject or target that might reasonably
14 be expected to lead the grand jury not to indict, he shall present or otherwise disclose the evidence
15 to the grand jury before the grand jury is asked to indict that person.
16 (6) (a) The managing judge has the contempt power and authority inherent in the court
17 over which he presides and as provided by statute.
18 (b) When a witness in any proceeding before or ancillary to any grand jury appearance
19 refuses to comply with an order from the managing judge to testify or provide other information,
20 including any book, paper, document, record, recording, or other material without having a
21 recognized privilege, the attorney for the state or special prosecutor may apply to the managing
22 judge for an order directing the witness to show cause why he should not be held in contempt.
23 (c) After submission of the application and a hearing at which the witness is entitled to be
24 represented by counsel, the managing judge may hold the witness in contempt and order that he
25 be confined, upon a finding that the refusal was not privileged.
26 (d) A hearing may not be held under this part unless 72 hours notice is given to the witness
27 who has refused to comply with the order to testify or provide other information, except a witness
28 may be given a shorter notice if the managing judge upon a showing of special need so orders.
29 (e) Any confinement for refusal to comply with an order to testify or produce other
30 information shall continue until the witness is willing to give the testimony or provide the
31 information. A period of confinement may not exceed the term of the grand jury, including

- 8 -

1 extensions, before which the refusal to comply with the order occurred. In any event the
2 confinement may not exceed one year.
3 (f) A person confined under this subsection for refusal to testify or provide other
4 information concerning any transaction, set of transactions, event, or events may not be again
5 confined under this subsection or for criminal contempt for a subsequent refusal to testify or
6 provide other information concerning the same transaction, set of transactions, event, or events.
7 (g) Any person confined under this section may be admitted to bail or released in
8 accordance with local procedures pending the determination of an appeal taken by him from the
9 order of his confinement unless the appeal affirmatively appears to be frivolous or taken for delay.
10 Any appeal from an order of confinement under this section shall be disposed of as soon as
11 practicable, pursuant to an expedited schedule and in no event more than 30 days from the filing
12 of the appeal.
13 (7) (a) All proceedings, except when the grand jury is deliberating or voting, shall be
14 recorded stenographically or by an electronic recording device. An unintentional failure of any
15 recording to reproduce all or any portion of a proceeding does not affect the validity of any
16 prosecution or indictment. The recording or reporter's notes or any transcript prepared from them
17 shall remain in the custody or control of the attorney for the state or the special prosecutor unless
18 otherwise ordered by the managing judge in a particular case.
19 (b) A grand juror, an interpreter, a [stenographer] court reporter, an operator of a recording
20 device, a typist who transcribes recorded testimony, an attorney for the state or special prosecutor,
21 or any person to whom disclosure is made under the provisions of this section may not disclose
22 matters occurring before the grand jury except as otherwise provided in this section. A knowing
23 violation of this provision may be punished as a contempt of court.
24 (c) Disclosure otherwise prohibited by this section of matters occurring before the grand
25 jury, other than its deliberations and the vote of any grand juror, may be made to:
26 (i) an attorney for the state or a special prosecutor for use in the performance of that
27 attorney's duty; and
28 (ii) government personnel, including those of state, local, and federal entities and agencies,
29 as are considered necessary by the attorney for the state or special prosecutor to assist him in the
30 performance of his duty to enforce the state's criminal laws.
31 (d) Any person to whom matters are disclosed under this section may not utilize that grand

- 9 -

1 jury material for any purpose other than assisting the attorney for the state or the special prosecutor
2 in performance of that attorney's duty to enforce the state's criminal laws. An attorney for the state
3 or the special prosecutor shall promptly provide the managing judge with the names of the persons
4 to whom the disclosure has been made and shall certify that the attorney has advised the person
5 of his obligation of secrecy under this section.
6 (e) Disclosure otherwise prohibited by this section of matters occurring before the grand
7 jury may also be made when:
8 (i) directed by the managing judge or by any court before which the indictment that
9 involves matters occurring before the grand jury that are subject to disclosure is to be tried,
10 preliminary to or in connection with a judicial proceeding;
11 (ii) permitted by the managing judge at the request of the defendant, upon a showing that
12 grounds may exist for a motion to dismiss the indictment because of matters occurring before the
13 grand jury;
14 (iii) the disclosure is made by an attorney for the state or the special prosecutor to another
15 state or local grand jury or a federal grand jury;
16 (iv) permitted by the managing judge at the request of an attorney for the state or the
17 special prosecutor, upon a showing that the matters may disclose a violation of federal criminal
18 law, to an appropriate official of the federal government for the purpose of enforcing federal law;
19 or
20 (v) showing of special need is made and the managing judge is satisfied that disclosure
21 of the information or matters is essential for the preparation of a defense.
22 (f) When the matters are transcripts of testimony given by witnesses, the state or special
23 prosecutor intends to call in the state's case in chief in any trial upon an indictment returned by the
24 grand jury before which the witnesses testified, the attorney for the state or the special prosecutor
25 shall, no later than 30 days before trial, provide the defendant with access to the transcripts. The
26 attorney for the state or the special prosecutor shall at the same time provide the defendant with
27 access to all exculpatory evidence presented to the grand jury prior to indictment.
28 (g) When the managing judge orders disclosure of matters occurring before the grand jury,
29 disclosure shall be made in a manner, at a time, and under conditions the managing judge directs.
30 (h) A petition for disclosure made under Subsection (7)(e)(ii) shall be filed with the
31 managing judge. Unless the hearing is ex parte, the petitioner shall serve written notice upon the

- 10 -

1 attorney for the state or the special prosecutor, the parties to the judicial proceeding if disclosure
2 is sought in connection with the proceeding, and other persons as the managing judge directs. The
3 managing judge shall afford those persons a reasonable opportunity to appear and be heard.
4 (8) Records, orders, and subpoenas relating to grand jury proceedings shall be kept under
5 seal to the extent and so long as necessary to prevent disclosure of matters occurring before the
6 grand jury other than as provided in this section.
7 (9) Subject to any right to an open hearing in contempt proceedings, the managing judge
8 shall order a hearing on matters affecting a grand jury proceeding to be closed to the extent
9 necessary to prevent disclosure of matters occurring before a grand jury.
10 Section 12. Section 77-10a-20 is amended to read:
11 77-10a-20. Expenses of grand jury -- Appropriation -- Payment by state or county.
12 (1) (a) The expenses of operation of a grand jury summoned under this chapter shall be
13 paid by the Judicial Council, except under Subsection (2).
14 (b) Expenses include grand juror fees, rental of a facility, cost of transcripts, payment for
15 a court reporter or [transcriber] electronic recording device, secretarial services, and investigation
16 and recorder staff.
17 (c) For this purpose, an appropriation of $25,000 is made from the General Fund to the
18 Judicial Council as a separate line item in the budget of the Judicial Council.
19 (d) Any amount of this appropriation remaining at the end of the fiscal year lapses into the
20 General Fund.
21 (2) (a) When a grand jury is summoned to investigate an allegation that is determined to
22 be primarily a county-related issue, the expenses of the grand jury shall be paid by the county or
23 counties involved.
24 (b) The supervising judge shall determine before the grand jury is called if the allegations
25 involve primarily the state or a county or counties for purposes of determining payment of
26 expenses under this section.
27 (3) The expenses of any grand jury and the compensation for any special prosecutor
28 appointed under this chapter shall be reviewed and approved or disapproved by the clerk of the
29 court under the direction of the managing judge.
30 Section 13. Section 78-56-101 is enacted to read:
31 78-56-101. Short title.

- 11 -

1 This chapter is known as the Court Reporter Act.
2 Section 14. Section 78-56-102 is enacted to read:
3 78-56-102. Definitions.
4 As used in this chapter:
5 (1) "Certified Shorthand Reporter" has the same meaning as in Title 58, Chapter 74,
6 Certified Shorthand Reporters Licensing Act.
7 (2) "Folio" means 100 words. A number expressed as a numeral counts as one word;
8 however, any portion of the last folio is not counted.
9 (3) "Official Court Reporter" means a certified shorthand reporter employed by the courts.
10 (4) "Official Court Transcriber" means a person certified in accordance with rules of the
11 Judicial Council as competent to transcribe into written form an audio or video recording of court
12 proceedings.
13 Section 15. Section 78-56-103, which is renumbered from Section 78-56-15 is renumbered
14 and amended to read:
15 [78-56-15]. 78-56-103. Appointment of reporters -- Eligibility -- Oath -- Bond --
16 Action on bond.
17 [No] (1) A person may not be appointed to the position of [shorthand] court reporter nor
18 act in [that] the capacity of a court reporter in any [district] court of record of this state, or before
19 any referee, master, board, or commission of this state [unless the person has received] without a
20 [certificate] currently valid license from the Division of Occupational and Professional Licensing
21 as provided in [this chapter] Title 58, Chapter 74, Certified Shorthand Reporters Licensing Act.
22 (2) Before any court reporter begins his duties, he shall:
23 (a) take, subscribe, and file the constitutional oath; and
24 (b) give a bond with sufficient surety, conditioned for the faithful performance of his
25 duties, in the sum of $2,500, or larger sum if ordered by the judge.
26 (3) The bond shall run to the state of Utah, but an action on it may be maintained by any
27 person whose rights are affected by the failure of the reporter to perform his official duties.
28 Section 16. Section 78-56-104, which is renumbered from Section 78-56-16.1 is
29 renumbered and amended to read:
30 [78-56-16.1]. 78-56-104. Court reporters -- Contract restrictions.
31 (1) Any contract for court reporting services, not related to a particular case or reporting

- 12 -

1 incident, [shall be] is prohibited between a [certified shorthand] court reporter or any other person
2 with whom a [certified shorthand] court reporter has a principal and agency relationship and any
3 attorney, party to an action, or party having a financial interest in an action. Negotiating or
4 bidding reasonable fees, equal to all the parties, on a case-by-case basis may not be prohibited.
5 (2) This section does not apply to the courts or the administrative tribunals of [the] this
6 state [of Utah].
7 (3) Violation of this section shall be grounds for revocation of licensure only.
8 Section 17. Section 78-56-105, which is renumbered from Section 78-56-1.1 is
9 renumbered and amended to read:
10 [78-56-1.1]. 78-56-105. Record of court proceedings -- Duties of court reporter.
11 (1) The Judicial Council shall by rule provide for the means of maintaining the record of
12 proceedings in the [district] courts of record by [certified shorthand] official court reporters or by
13 electronic recording devices.
14 (2) The official court reporter assigned to a session of court shall take full verbatim
15 stenographic notes of the session, except when the judge dispenses with the verbatim record.
16 (3) The official court reporter shall immediately file with the clerk of the court the original
17 stenographic notes of the court session and the computer disk on which the notes are stored. If not
18 already on file with the clerk of the court, the official court reporter shall file a computer disk
19 containing the reporter's most current dictionary showing the meaning of the reporter's
20 stenographic notes.
21 (4) Upon request and the payment of fees established by Section 78-56-108, the official
22 court reporter shall transcribe the stenographic notes or video or audio recording of the court
23 session and furnish the transcript to the requesting party.
24 Section 18. Section 78-56-106 is enacted to read:
25 78-56-106. Substitute reporters.
26 A certified shorthand reporter other than an official court reporter may be assigned
27 temporarily to the duties of an official court reporter in accordance with rules of the Judicial
28 Council.
29 Section 19. Section 78-56-107, which is renumbered from Section 78-56-3 is renumbered
30 and amended to read:
31 [78-56-3]. 78-56-107. Compensation -- Traveling expenses -- Frequency of

- 13 -

1 payment.
2 The compensation of [a] an official court reporter shall be fixed in accordance with salary
3 schedules for state court employees [for attendance upon the sessions of the court]. [He] The
4 official court reporter shall also be paid for traveling expenses actually and necessarily incurred
5 in the performance of [his] duties [outside the county in which he resides. Such compensation and
6 expenses shall be certified by the judge to the state auditor, who shall draw his warrant upon the
7 state treasurer for the amount so certified, and the same shall be paid monthly out of the state
8 treasury] in accordance with Judicial Council policy.
9 Section 20. Section 78-56-108, which is renumbered from Section 78-56-4 is renumbered
10 and amended to read:
11 [78-56-4]. 78-56-108. Transcripts and copies -- Fees -- Establishment of Court
12 Reporting Technology Account.
13 (1) (a) The [compensation of a court reporter for transcribing into longhand or typewriting
14 his stenographic notes of evidence and proceedings] fee for a transcript of a court session, or any
15 part [thereof] of a court session, shall be 80 cents per folio for [an original,] the initial preparation
16 of the transcript and 20 cents per folio for [additional copies, when furnished to the party initially
17 ordering the transcript] a copy. If two or more [parties to an action are to be furnished a copy]
18 persons order copies, the [reporter] fee shall [receive] be 30 cents per folio for the first copy
19 furnished each [party] person, and 20 cents per folio for each additional copy furnished [that party,
20 provided all copies are ordered before the reporter commences the first transcription of his notes]
21 each person.
22 (b) When a transcript is ordered by the court, the fees shall be paid by the parties to the
23 action in equal proportion or as ordered by the court. The fee for a transcript in a criminal case in
24 which the defendant is found to be impecunious shall be paid pursuant to Section 77-32-5.
25 (c) There is established within the General Fund a restricted account known as the Court
26 Reporting Technology Account. The clerk of the court shall transfer to the state treasurer for
27 deposit into this account all fees received under this section. The state court administrator may
28 draw upon this account for the purchase, development, and maintenance of court reporting
29 technologies and for other expenses necessary for maintaining a verbatim record of court sessions.
30 (2) The fee for the preparation of a transcript of a court hearing by an official court
31 transcriber other than an official court reporter and the fee for the preparation of the transcript by

- 14 -

1 a certified shorthand reporter of a hearing before any referee, master, board, or commission of this
2 state shall be as provided in Subsection (1)(a), and shall be payable to the person preparing the
3 transcript.
4 Section 21. Section 78-56-109, which is renumbered from Section 78-56-6 is renumbered
5 and amended to read:
6 [78-56-6]. 78-56-109. Certified transcripts prima facie correct.
7 A transcript of [a] an official court reporter's notes, written in longhand or typewritten,
8 certified by him as being a correct transcript of evidence and proceedings, is prima facie a correct
9 statement of [such] the evidence and proceedings.
10 Section 22. Section 78-56-110, which is renumbered from Section 78-56-8 is renumbered
11 and amended to read:
12 [78-56-8]. 78-56-110. Transcripts taxed as costs.
13 [(1) (a) When a transcript has been ordered by the court, the fees for transcribing shall be
14 paid by the respective parties to the action or proceeding in equal proportion, or in proportions as
15 the court orders.] A transcript may not be taxed as costs, unless the preparation of the transcript
16 is ordered either by a party or by the court. [The reporter is not required in any case to transcribe
17 notes until the fees for this are tendered, or a sufficient amount to cover the fee is deposited in
18 court.]
19 [(b) If the court determines that the defendant in a criminal case is impecunious, the court
20 shall order the certified shorthand reporter to transcribe the notes requested by the defendant. The
21 cost of the transcribing shall be paid under Section 77-32-5.]
22 [(2) Transcripts from electronic recordings produced by a certified court transcriber are
23 governed under this section, and compensation is at the same rates as under Section 78-56-4.]
24 Section 23. Section 78-56-111, which is renumbered from Section 78-56-19 is renumbered
25 and amended to read:
26 [78-56-19]. 78-56-111. Crimes.
27 Any violation of the provisions of this chapter, except Section [78-56-16.1] 78-56-104,
28 [shall be] is a misdemeanor.
29 Section 24. Repealer.
30 This act repeals:
31 Section 78-56-2, Duties of shorthand reporter.

- 15 -

1 Section 78-56-5, Assistant reporters -- Duties -- Compensation.
2 Section 78-56-7, Oath -- Bond -- Action on bond.
3 Section 78-56-13, Committee -- Creation and constitution of -- Designation and
4 qualification of members -- Administration of chapter.
5 Section 78-56-14, Definition of "shorthand reporter."
6 Section 78-56-16, Grant of certificate.
7 Section 78-56-17, Appointment of temporary substitutes.
8 Section 78-56-18, Use of titles or abbreviations by certified shorthand reporter.




Legislative Review Note
as of 1-28-97 1:42 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 16 -