hb 0059

CHAPTER 52

HB 59 - FINAL VERSION

AN ACT relative to court reporting.

SPONSORS: Rep. Wall, Straf 72; Rep. Rowe, Hills 47; Rep. Elliott, Hills 42; Sen. Roberge, Dist 9

This bill was recommended by the study committee established by 2002, 250 (HB 447).

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to court reporting.

Be it Enacted by the Senate and House of Representatives in General Court convened:

331-B:1 Purpose. The purpose of this chapter is to set appropriate standards for the proper certification of court reporters, and to establish and maintain a standard of competency for individuals engaged in the practice of court reporting, to maintain the integrity of the transcription of the spoken word, and to contribute to the protection of the general public thereby.

I. "Board" means the advisory board of court reporters as created by this chapter.

II. "Chief justice" means the chief justice of the superior court or his or her designee.

III. "Court reporter" means a person who has met the requirements set forth in this chapter and is certified by the chief justice to engage in shorthand reporting or voice writing.

IV. "Machine writing" means the making of a verbatim record of the spoken word by means of the use of phonetic entries into a stenotype machine.

VI. "Shorthand reporting" means the making by means of written symbols or abbreviations in shorthand or machine writing a verbatim record of the spoken word.

VII. "Voice reporting" means the making of a verbatim record of the spoken word by means of voice writing.

VIII. "Voice writing" means the making of a verbatim record of the spoken word by means of an individual repeating the words of the speaker into a device either capable of digital translation into English text, or a device capable of creating a tape or digital recording.

I. There is hereby established an advisory board of court reporters to advise the chief justice. The board shall consist of 5 members who shall be residents of this state. Three members shall be certified court reporters, one member shall be a member of the public not engaged in the business of court reporting, and one member shall be a person admitted to practice law in this state. Members shall be appointed by the chief justice to terms of 3 years. No member shall serve more than 2 consecutive terms.

II. The board shall elect a chairperson and a secretary from its members on an annual basis.

331-B:4 Rulemaking. The chief justice shall adopt rules, under supreme court rule 51, after consulting the board, relative to:

331-B:5 Designation as Certified Court Reporter. Any person holding a valid certificate as a court reporter as herein provided shall be styled and known as a certified court reporter. No other person shall assume or use the title "certified court reporter."

331-B:6 Prohibition of Use of Title. No person may assume or use the title or designation court reporter, certified court reporter, court recorder, shorthand reporter, certified shorthand reporter, shorthand court reporter, certified shorthand court reporter, shorthand court recorder, verbatim reporter, verbatim court reporter, certified verbatim court reporter, shorthand court recorder, verbatim court recorder, certified court recorder, court stenographer, verbatim court stenographer, or any abbreviation, title, designation, words, letters, sign, card, or device tending to indicate that the person is such unless the person holds a valid certificate as prescribed in this chapter. A court reporter may use the word "shorthand" in his or her title only if that person is certified in the shorthand reporting method and a court reporter may use the word "verbatim" in his or her title only if that person is certified in the voice writing method.

331-B:7 Certificate Required. Any person engaging in, offering to engage in, or appearing to engage in court reporting shall hold a valid certificate issued under this chapter, designating the method by which the reporter is certified to practice.

331-B:8 Certification and Examinations. The chief justice shall issue a certificate to each applicant who successfully passes the examination administered under the authority of the chief justice, or who is eligible for a certificate under the renewal provisions of this chapter. Minimum requirements for such examination shall be established by the chief justice after consultation with the board. In no event shall these requirements be lower than the requirements established by the National Court Reporters Association or the National Verbatim Reporters Association. The chief justice shall conduct the examinations at least semiannually at such times and places as he or she may designate. Applicants shall be sent written notice of the time and place of the examination, at least 30 days in advance. Each certificate issued by the chief justice shall designate the method or methods of court reporting by which the applicant is certified to practice, as defined in RSA 331-B:2.

331-B:9 Qualifications for Applicant for Examination. The board shall examine every person who:

(d) Has a high school education, or the equivalent thereof, as defined by the department of education.

331-B:10 Savings Clause. Any United States citizen 18 years of age and older, who is of good moral character and who submits to the board an affidavit, under oath, on or before September 1, 2003 that he or she has been actively and continuously engaged in the practice of voice reporting in the state at least 2 years prior to July 1, 2003 shall, upon payment of the fee required, be exempt from taking any examination prescribed in this chapter and shall be granted a certificate; provided he or she demonstrates certification by the National Verbatim Reporters Association or a state with similar minimum requirements. Any person holding a valid certificate issued under this chapter as of July 1, 2003 shall be exempt from taking any examination prescribed in this chapter and shall continue to hold his or her certificate as a court reporter.

331-B:11 Application Fee. There shall be paid to the secretary by each applicant for a certificate, a fee of $35 which shall accompany the application.

331-B:12 Individual Seals Required. Every certified court reporter under this chapter shall have a seal containing the name of the certified court reporter, his or her place of business, and the words "Certified Court Reporter, State of New Hampshire" with which he or she shall stamp all transcripts prepared by him or her or under his or her supervision for use in this state. No certified court reporter shall affix or permit to be affixed his or her seal to any transcript not prepared by him or her or under his or her supervision, nor shall any such reporter use his or her seal or do any other act as a certified court reporter unless holding at the time a valid certificate under this chapter. Certified court reporter's seals shall indicate the reporting method utilized as defined in RSA 331-B:2.

331-B:13 Renewal of Certificate. Every certified court reporter who continues in the active practice of court reporting shall annually, on or before November 1, following the date of issuance of the certificate under which he or she is then entitled to practice, renew such certification and pay a fee of $15. A certificate which has not been renewed shall expire on December 1 in that year. A certificate expiring under this chapter may be reinstated upon application to the secretary upon good cause shown.

(b) Upon written complaint of any person which charges that a person certified by the board has committed misconduct under paragraph II and which specifies the grounds therefor.

II. Misconduct sufficient to support disciplinary proceedings under this section shall include:

(a) The practice of fraud or deceit in procuring or attempting to procure a certificate to practice under this chapter.

(b) The practice of court reporting using a reporting method for which the person is not certified.

(d) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession.

(f) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him or her unfit to practice under this chapter.

(i) Suspension or revocation of a certificate, similar to one issued under this chapter, in another jurisdiction and not reinstated.

III. The chief justice may take disciplinary action in any one or more of the following ways:

(b) By suspension, limitation, or restriction of certificate for a period of up to 5 years.

(d) By requiring the person to participate in a program of continuing education in the area or areas in which he or she has been found deficient.

331-B:15 Hearings. The chief justice shall take no disciplinary action without a hearing. At least 14 days prior to the hearing, the chief justice shall serve all parties in a disciplinary proceeding, either personally or by registered mail, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the chief justice, but no complaint shall be acted upon unless in writing. A hearing shall be held on all written complaints received by the chief justice within 3 months of the date notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the chief justice shall be given to all parties to the proceeding upon their issuance.

331-B:16 Penalties. Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor.

331-B:17 Surety Bond Required. There shall be filed with each original application for certification a bond in the form of a surety, by a reputable company engaged in the bonding business, authorized to do business in the state, for the penal sum of $1,000 with one or more sureties, to be approved by the attorney general and conditioned that the applicant conform to and not violate any of the duties, terms, conditions, provisions, or requirements of this chapter. If any person shall be aggrieved by the misconduct of any such licensee, such person may maintain an action in his or her own name upon the bond of said licensee in any court having jurisdiction of the amount claimed. All such claims shall be assignable, and the assignee shall be entitled to the same upon the bond of such licensee or otherwise, as the person aggrieved would have been entitled to if such claim had not been assigned. Any claim or claims so assigned may be enforced in the name of such assignee. Any remedies given by this chapter shall not be exclusive of any other remedy which would otherwise exist.

331-B:18 Continuing Education Required. Any person holding a certified court reporter certificate shall be required to complete 10 hours of continuing education annually. Failure to comply with continuing education requirements shall result in nonrenewal of certification. Each person shall be responsible for maintaining evidence of his or her continuing education units as approved by the advisory board and shall submit such evidence of continuing education units to the board annually.