Court Operating Rules - Court Operating Rule 19: Court Reporters and Foreign Language Court Interpreters or Translators

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Court Operating Rules

		Section/Rule:	COR 19
Subject:	Court Operating Rule 19	Publication / Adopted Date:	May 30, 1995
Topic:	Court Reporters and Foreign Language Court Interpreters or Translators	Revised / Effective Date:	January 1, 2019

Court Operating Rule 19

19.01 Circuit Judges Shall Appoint Official Court Reporters
19.02 Term of Office of Offical Court Reporters
19.03 Duties of Official Court Reporters
19.04 Foreign Language Court Interpreters or Translators

Rule 19.01 CIRCUIT JUDGES SHALL APPOINT OFFICIAL COURT REPORTERS

(a) Each circuit judge, except circuit judges who serve as judges of a probate division of the circuit court, shall appoint an official court reporter who shall be a certified court reporter as provided by Supreme Court Rule 14.

(b) Each circuit judge who serves as a judge of a probate division of the circuit court may appoint an official court reporter who shall be certified court reporter as provided by Supreme Court Rule 14. In lieu of appointing an official court reporter, a circuit judge who serves as the judge of a probate division of the circuit court may utilize the services of a court reporter who is a certified court reporter on a part-time basis or may preserve the record in the manner provided in section 478.072, RSMo.

(Adopted May 30, 1995)

Rule 19.02 TERM OF OFFICE OF OFFICIAL COURT REPORTERS

Persons serving as official court reporters shall be officers of the court and shall hold office during the pleasure of the judge who appointed the reporter. On the death, resignation or retirement of that judge, the reporter shall retain the office of official court reporter until the judge’s successor is sworn into office.

(Adopted May 30, 1995)

Rule 19.03 DUTIES OF OFFICIAL COURT REPORTERS

(a) Official court reporters shall attend all sessions of court under the direction of the circuit judge appointing the reporter and such other sessions of court to which the reporter is assigned.

(b) Each official court reporter shall make a verbatim record of the oral evidence offered in causes tried under the direction of the circuit judge appointing the court reporter and in such other sessions of court to which the reporter is assigned, together with all objections to the admissibility of testimony, the rulings of the court thereon, and all exceptions taken to such rulings.

(c) Each official court reporter shall preserve the notes, either printed or electronic, as utilized in the reporter’s method of court reporting, for future use or reference and shall furnish to any person a transcript of all or any part of said evidence or oral proceedings upon payment to the reporter of the fee provided by law.

(d) The court reporter who serves as official court reporter in any court proceeding shall be responsible for transcribing the notes from that proceeding upon receiving a request to furnish a transcript thereof regardless of whether the reporter is an official court reporter at the time the transcript is requested. The reporter shall receive the fee that is provided by law for preparation of the transcript.

(e) For court reporters using paperless machines or those using electronic storage:

(1) Within three months of each hearing, the court reporter shall deposit on the statewide electronic repository identified by the Office of State Courts Administrator (referred to as the repository) an electronic copy of all hearings. This is to include raw notes and audio, from either a stenographic record or a voice writer recording. Completed transcripts may also be stored on this repository.

(2) The court reporter shall file an electronic log within three months of the hearings recorded

The log shall at a minimum include the date of the hearing, case number, style of the case and indicate whether or not a transcript has been prepared. Additional information may be included.

(3) By July 1 of each year, each reporter shall file a copy of the reporter’s dictionary on this repository.

Rule 19.04 FOREIGN LANGUAGE COURT INTERPRETERS OR TRANSLATORS

(a) Definitions.

(1) A "qualified interpreter or translator" is an impartial and unbiased person who is readily able to render a complete and accurate interpretation or translation of spoken and written English for non-English speaking persons and of non-English oral or written statements into spoken English.

(2) A "certified interpreter or translator" has passed a written exam as well as an oral certification exam in English and a foreign language.

(3) A "registered interpreter or translator" has passed an English written exam and an oral proficiency interview in English and a foreign language as no oral certification exam exists for their foreign language.

(b) Appointments. When an interpreter or translator is required by law, courts should appoint a certified or registered interpreter or translator first; if none are reasonably available courts may appoint a qualified interpreter or translator.

(c) Inquiry as to qualifications of an interpreter or translator. Before appointing an interpreter or translator who is not certified or registered, inquiry should be made on the record by the court to assure the prospective appointee is qualified by inquiring to determine qualifications, including lack of bias, and instructing the prospective appointee to do simultaneous and consecutive interpreting without summarizing or paraphrasing. It is recommended courts not use friends, children, relatives, parties to the case, social workers, victim advocates, law enforcement officers, or attorneys as interpreters or translators during court proceedings.

(d) Professional responsibility and oath. An interpreter or translator, whether certified, registered, or qualified, shall deliver services in a manner faithful to all canons of the code of professional responsibility, court rules, and policies, and to affirm this obligation under oath. The oath shall be in substantially the form as follows: "I [Name] do solemnly swear that I will interpret or translate accurately, completely and impartially, using my best skill and judgment in accordance with the standards prescribed by law and the code of ethics for a court interpreter or translator, following all official guidelines established by this court for legal interpreting and translating, and discharging all of the solemn duties and obligations of legal interpretation and translation."

(e) Revoking appointments. Courts may revoke the appointment of an interpreter or translator, including for a violation of the code of professional responsibility or court rules and policies.

(f) Complaints. Complaints concerning an interpreter or translator should be directed to the Missouri Office of State Courts Administrator's Access to Justice Program.

(Adopted May 30, 1995. Amended Jan. 27, 2009, eff. July 1, 2009; Feb. 15, 2017, eff. July 1, 2017; Oct. 15, 2018, eff. Jan. 1, 2019.)