ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: JUD DPA 6-4-0-0-0

HB 2235: record of proceedings; certified reporter

Sponsor:  Representative Allen J, LD 15

Caucus & COW

Overview

Changes the status of a court reporter to a certified reporter and outlines the role of the certified reporter in the courts.

History

Currently, the judge must appoint a court reporter. Before starting, the court reporter must take and subscribe the official oath administered by the judge of the court. (A.R.S. § 12-221)

The court reporter must attend court during the hearing of all matters unless excused by the judge. The court reporter must make stenographic notes for all oral proceedings unless requested by the court or counsel, they do not need to make notes of arguments by counsel to a jury or an argument by counsel to the court in the absence of a jury. Once payment or tender of the fees is made, they must supply any person a typed transcript of all or any part of the proceedings reported and certify that the transcript is a correct and complete statement of the proceedings. (A.R.S. § 12-223)

A person who knowingly records all or part of the proceedings of any grand jury while it is in session or listens to or observes the proceedings of any grand jury of which the person is not a member is guilty of a class 2 misdemeanor. (A.R.S. § 21-235)

The presiding judge of the superior court must appoint a court reporter to record the proceedings before the grand jury, except the deliberations of the grand jury. The reporter's notes containing the proceedings when an indictment is returned must be transcribed and filed with the clerk of the superior court no later than 20 days following the return of the indictment, unless the court otherwise orders. The transcript must be made available to the prosecuting officer and the defendant. The transcript or a portion of the transcript may be denied to a defendant by the court upon a showing of extraordinary circumstances by a prosecuting officer. The reporter's notes, which are not transcribed, must be filed with the clerk of the superior court and impounded and must be transcribed only when ordered by the presiding judge of the superior court.

The reporter and typists who transcribe the reporter's notes of grand jury proceedings must be sworn by the foreman or acting foreman not to disclose any testimony or the name of any witness except to the county attorney or other prosecuting officer or when testifying in court. (A.R.S. § 21-411)

A verbatim record of all proceedings must be made by stenographic means by a court reporter if a written request for a court reporter is made by any party to the proceedings at least 24 hours in advance of such proceedings. If stenographic means are not requested, electronic means must be directed by the presiding judge. The stenographic notes or electronic tape must be retained as provided by statute. (A.R.S. § 36-539)

Any agency of this state, including the judiciary, and each political subdivision of this state, including any courts of law, may use tape recorders or other recording devices in lieu of reporters or stenographers. Either party may request a court reporter or stenographer be used. (A.R.S. § 38-424)

Provisions

1.    Changes in statute the term court reporter to certified reporter. (Sec. 4)

2.    Allows the judge of the superior court to appoint a certified reporter. (Sec. 5)

3.    Changes the requirement of a certified reporter's presence to attend court from unless excused to as directed by the judge. (Sec. 6)

4.    Requires the certified reporter, unless otherwise prohibited by law or order of the court, and on request, to certify the transcript is a correct and complete statement of the proceedings. (Sec. 6)

5.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMandates that the county is to provide the necessary supplies for certified reporters. (Sec. 7)

6.    Authorizes transcriber fees for preparing court transcripts if the authorized transcriber is employed by the court. (Sec. 9)

7.    Asserts a person who knowingly records all or part of the proceedings of any grand jury while in session, or listens to or observes the proceedings of any grand jury of which the person is not a member while the grand jury is in session, is guilty of a class 2 misdemeanor. (Sec. 12)

8.    Allows the court to use an electronic recording system for grand jury proceedings. (Sec. 12)

9.    Specifies the presiding judge of the superior court or the presiding judge's designees may appoint a certified reporter to record the proceedings before the grand jury, except the deliberations of the grand jury. (Sec. 13)

10.  States a certified reporter's notes or an electronic recording containing the proceedings where an indictment is returned must be transcribed and filed with the clerk of the superior court no later than 20 days following the return of the indictment. (Sec. 13)

11.  Maintains that any certified reporter's notes or electronic recording not transcribed must be secured by the clerk of the superior court, impounded and must be transcribed only when ordered by the presiding judge of the superior court or the presiding judge's designee. (Sec. 13)

12.  Mandates the clerk of the superior court or presiding judge of the superior court or presiding judge's designee not to disclose any testimony or the name of any witness except to the county attorney or other prosecuting officer or when testifying in court. (Sec. 13)

13.  Strikes that a verbatim report must be made by stenographic means by a court reporter if a written request for a court reporter is made by any party to the proceedings at least 24 hours in advance of such proceedings; if not available, the judge can direct that electronic means be used in mental health proceedings. (Sec. 22)

14.  Removes the requirement that a verbatim report be made by stenographic means by a court reporter, if a written request for a court reporter is made by any party to the proceedings at least 24 hours in advance of such proceedings; if not available, the judge can direct that electronic means be used in proceedings involving minor's or an incapacitated person. (Sec. 22)

15.  Modifies that each political subdivision of this state, including any courts of law, may use electronic devices in lieu of certified reporters or stenographers for court proceedings. (Sec. 25)

16.  Includes that either party may provide a certified reporter or stenographer in addition to the electronic device used by a court to record the proceedings, and the official record of the proceedings and the record must be prepared by the court pursuant to rules adopted by the supreme court. (Sec. 25)

17.  Contains technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15,  16, 17, 18, 19, 20, 21, 24, 26, 27, 28, 29, 30, 31, 32)

Amendment

1.    Removes the court's ability to use electronic recording devices in grand jury proceedings.

 

2.    Defines pertinent terms.

 

3.    Contains technical changes.

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7.    Initials LC/SF                    Caucus & COW

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