Supreme Court of Missouri
en banc
February 28, 2001
Effective January 1, 2002
In re:Effective January 1, 2002
Repeal of Supreme Court Rule 14, entitled "Certified Court Reporters," consisting of subdivisions 14.01 to 14.12, inclusive, and in lieu thereof adoption of a new Supreme Court Rule 14, entitled "Certified Court Reporters," consisting of subdivisions 14.01 to 14.12, inclusive.
ORDER
1. It is ordered that effective January 1, 2002, Supreme Court Rule 14, consisting of subdivisions 14.01 to 14.12, inclusive, be and the same is hereby repealed and a new Supreme Court Rule 14, consisting of subdivisions 14.01 to 14.12, inclusive, adopted in lieu thereof to read as follows:- 14.01 MEMBERS OF THE BOARD
(a) The "Board of Certified Court Reporter Examiners" shall be composed of nine members who shall be appointed by this Court. Five members shall be judges of the circuit or appellate courts. Three of the members shall have been official court reporters in Missouri. One member shall be a practicing freelance court reporter in Missouri. The court reporter members shall be citizens of Missouri for at least five years prior to their appointment.
(b) Members shall be appointed for three-year terms and shall serve until their successors are appointed and qualified. This Court shall fill a vacancy by appointing a member for the duration of an unexpired term and may remove a member for cause.
(c) Each member shall take an oath to fairly and impartially and to the best of the member's ability administer this Rule 14.
14.02 OFFICERS OF THE BOARD - MEETINGS
The board shall elect one of its members chair and one secretary, each of whom shall serve for one year and until a successor is elected. The clerk of this Court shall serve as treasurer. The board shall have an office in Jefferson City and shall hold such meetings, not less than one a year, at such time and places as the board shall designate.
14.03 DUTIES OF THE BOARD
The board is charged with the duty and vested with the power and authority:
(a) To determine the content of examinations to be given to applicants for certification as "Certified Court Reporters;"
(b) To determine the applicant's ability to make a verbatim record of court proceedings by a recognized system designated by the board;
(c) To issue certificates to those found qualified as certified court reporters;
(d) To administer a continuing education program for certified court reporters; and
(e) To promulgate, amend and revise regulations relevant to the above duties and to implement this Rule 14. The regulations shall be consistent with the provisions of this Rule 14 and shall not be effective until approved by this Court.
14.04 APPLICATION FOR CERTIFICATION
Every applicant for examination for certification as a certified court reporter or for certification as a certified court reporter without further examination as provided in Rule 14.06 shall file with the clerk of this Court a written application in the form prescribed by the board. The applicant shall pay a fee to the clerk of this Court at the time the application is filed. The fee shall be in an amount provided in the regulations of the board and shall not be subject to withdrawal by the applicant in the event the applicant decides not to take the examination or is denied the right to take the examination. Upon request, the clerk of this Court shall forward to any interested person application forms together with the text of this Rule 14 and copies of regulations promulgated by the board under the provisions of Rule 14.03(e).
14.05 ELIGIBILITY FOR CERTIFICATION
Applicants shall be at least eighteen years of age and be of good moral character.
14.06 ADMISSION WITHOUT EXAMINATION
(a) A certified court reporter certificate issued before December 31, 2001, and in good standing on that date shall remain in full force and effect unless thereafter revoked or suspended as provided by this Rule 14.
(b) Until July 1, 2002, upon application and payment of a $100 fee, a court reporter who holds a certificate, as hereafter specified, that was valid and current on December 31, 2001, from any of the following organizations shall be issued a certificate without examination:
(1) A Missouri certified shorthand reporter certificate from the Missouri Court Reporters Association;
(2) A registered professional reporter certificate from the National Court Reporters Association;
(3) A certified verbatim reporter certificate from the National Verbatim Reporters Association.
(c) A person shall be issued a certificate containing the designation "(G)" if the person:
(1) Verifies upon written affidavit from three current members of The Missouri Bar in good standing that the person has been actively engaged in the practice of court reporting in this state in the 24 months preceding December 31, 2001; and
(2) Makes application and pays a $100 fee before July 1, 2002.
The "(G)" designation indicates that the person has not completed the testing requirements as a certified court reporter, but is permitted to continue the practice of court reporting.
No certificate pursuant to this Rule 14.06(c) shall issue after July 1, 2002.
(d) A person who has not been actively engaged in the practice of court reporting for a period of 24 months preceding December 31, 2001, has 24 months after December 31, 2001, to pass the certified court reporter examination. The person may be awarded a temporary certificate by the board upon application and payment of the required application fees. The temporary certificate shall be valid for a period of 24 months and shall not be renewable.
(e) A graduate of an accredited school of court reporting recognized by the board shall be awarded a temporary certificate upon initial application for certification testing to the board and payment of the required application fees. The temporary certificate shall be valid for a period of 24 months and shall not be renewable.
(f) A court reporter who has not successfully passed an examination for certification as designated in Rule 14.06(a) or Rule 14.06(b) shall not be appointed as an official court reporter in any circuit court in this state.
14.07 APPOINTMENT OF OFFICIAL COURT REPORTER -
TEMPORARY APPOINTMENT
No judge of any court of this state shall appoint an official court reporter who is not a certified court reporter. In the absence of an official court reporter because of illness, physical incapacity, death, dismissal or resignation, a judge may appoint a temporary reporter. The temporary reporter shall not serve more than six months without obtaining a certificate pursuant to this Rule 14.
14.08 FUNDS - DISBURSEMENT OF
All fees and other monies accruing under this Rule 14 shall be deposited by the clerk of this Court in an account called "Certified Court Reporters." All expenses incurred by the board shall be paid out of this fund as authorized and directed by the board. The traveling and other necessary expenses of the members of the board shall be paid from said fund.
14.09 CONTINUING EDUCATION, ACCREDITATION OF
PROGRAMS AND ACTIVITIES
(a) Each certified court reporter shall complete during each reporting year at least ten credit hours of continuing education from programs accredited by the court reporter education advisory committee. A reporting year shall be from July 1 of each year through June 30 of the following year.
(b) A certified court reporter completing more than ten credit hours of accredited programs during one reporting year may receive credit in the next succeeding reporting year for the excess credit hours earned in the immediately preceding year.
(c) A certified court reporter is not required to complete any credit hours in the reporting year in which the reporter is initially certified as provided in this Rule 14. Upon written application and for good cause shown, waivers or extensions of time of the credit hours or reporting requirements of this Rule 14 may be granted by the board in individual cases or classes of cases involving hardship or extenuating circumstances.
(d) Continuing education programs for court reporters shall be developed, reviewed and accredited by the court reporter education advisory committee, subject to guidance from the coordinating commission for judicial department education.
(e) A person meeting the following requirements shall be excused from the continuing education requirement:
(1) Has practiced court reporting for at least 40 years or has reached the age of 60 years;
(2) Holds a certified court reporter certificate;
(3) Is in good standing as a certified court reporter; and
(4) Has been excused from payment of the annual fee required to maintain certification.
14.10 REPORTING REQUIREMENTS - SANCTIONS - REVIEW
(a) On or before July 31 of each year, each certified court reporter shall report to the board the number of credit hours of accredited programs the reporter completed in the preceding reporting year.
(b) Each certified court reporter failing to meet the continuing education requirements of this Rule 14 shall be notified by mail addressed to the reporter's last known address. The notice shall advise the reporter that he or she has not filed the required report or completed the required number of credit hours and that the reporter, if required to meet the continuing education requirements of this Rule 14, may file, within thirty days of the date the notice was mailed, information establishing compliance. Within thirty days of the receipt of any information establishing compliance with this Rule 14 submitted by the reporter, the board shall determine if the reporter completed the required number of credit hours of accredited programs or if the reporter is entitled to a waiver of the requirement or an extension of time to comply with the requirement. The board shall notify the reporter of its determination of compliance with this Rule 14.
(c) A certified court reporter may file a written request for reconsideration within fifteen days of the date of board's notice pursuant to Rule 14.10(b) that the reporter has not filed the required report or completed the required number of credit hours. The reporter requesting reconsideration shall submit written documentation accompanying the reporter's request for reconsideration in support of the request. The board shall reconsider its decision and shall make a decision within 45 days of the filing of any request for reconsideration. The reporter shall be notified of the decision within ten days of the board's decision regarding the request for reconsideration.
(d) Each certified court reporter to whom a notice is sent pursuant to Rule 14.10(b) shall pay a late filing fee of $25. Payment of this fee shall accompany the late-filed information establishing compliance with the continuing education requirements of this Rule 14. Failure to pay the fee shall be considered a failure to comply with these requirements.
(e) The board annually shall report to this Court the name of each certified court reporter not meeting the continuing education requirements of this Rule 14 and may recommend, pursuant to Rule 14.11(a), revocation or suspension of the certification of any court reporter not meeting the continuing education requirements.
14.11 REVOCATION OR SUSPENSION
(a) This Court, for good cause shown after a hearing by the board, may revoke or suspend any certificate issued by the board.
(b) The clerk of this Court shall notify or cause to be notified the clerk of each circuit court, the court administrator of the circuit courts of St. Louis City and Jackson and St. Louis Counties, and the clerk of each district of the court of appeals of the name and certificate number of any court reporter whose certificate has been revoked or suspended. If a certificate that has been revoked or suspended is reinstated, the clerk of this Court shall notify or cause to be notified the clerk of each circuit court, the court administrator of the circuit courts of St. Louis City and Jackson and St. Louis Counties, and the clerk of each district of the court of appeals of the name and certificate number of any court reporter whose certificate has been reinstated.
(c) A certified court reporter who has allowed a certification to lapse due to nonpayment of the renewal fee may request reinstatement by the board upon payment of all back fees plus a penalty of $25 for each year, to a maximum of $100, of nonpayment and proof of compliance or request for waiver of the provisions of Rule 14.09 and Rule 14.10.
14.12 INTERPRETATION OF RULE
Nothing in this Rule 14 shall be construed as a limitation upon the powers of this Court, the court of appeals, or the circuit court to govern the conduct of and to discipline official court reporters. Nor shall this Rule 14 be construed as any limitation upon the rights of any individual to seek any remedy afforded by law, nor as an exclusive mode of regulating court reporters.
3. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
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WILLIAM RAY PRICE, JR.
Chief Justice