Bill Text: IA SSB3041 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to the ethical standards of certified shorthand reporters and shorthand reporting firms.
Spectrum: Unknown
Status: (N/A - Dead) 2014-01-17 - In Judiciary [SSB3041 Detail]
Download: Iowa-2013-SSB3041-Introduced.html
Senate
Study
Bill
3041
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
JUDICIAL
BRANCH
BILL)
A
BILL
FOR
An
Act
relating
to
the
ethical
standards
of
certified
shorthand
1
reporters
and
shorthand
reporting
firms.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
602.3204
Ethical
standards
for
1
shorthand
reporters
and
shorthand
reporting
firms.
2
1.
Definitions.
As
used
in
this
section,
unless
the
context
3
otherwise
requires:
4
a.
“Board”
means
board
of
examiners
of
shorthand
reporters.
5
b.
“Proceeding”
means
a
court
proceeding,
deposition,
6
administrative
hearing,
arbitration
hearing,
an
examination
7
under
oath,
a
sworn
statement,
or
any
other
proceeding
where
8
the
reporting
services
of
a
shorthand
reporter
certified
by
the
9
board
is
used.
10
c.
“Shorthand
reporter”
means
a
shorthand
reporter
certified
11
by
the
board.
12
d.
“Shorthand
reporting
firm”
means
a
shorthand
reporting
13
firm
that
employs
or
contracts
with
a
shorthand
reporter
14
certified
by
the
board,
or
an
entity
that
bills
for
the
15
reporting
services
of
such
a
shorthand
reporter.
16
2.
Purpose
of
standards.
The
purpose
of
this
section
is
to
17
ensure
the
integrity
of
the
record
and
comparable
treatment
of
18
all
parties
in
proceedings
reported
by
a
shorthand
reporter,
19
by
establishing
ethical
standards
for
shorthand
reporters
20
and
shorthand
reporting
firms.
A
shorthand
reporter
serves
21
as
an
officer
of
the
court.
The
appearance
and
existence
of
22
impartiality
are
no
less
important
for
officers
who
report
23
proceedings
than
they
are
for
the
judicial
officers
and
other
24
persons
whose
responsibilities
are
integral
to
the
fair
and
25
impartial
administration
of
justice.
26
3.
Applicability.
This
section
applies
to
shorthand
27
reporting
services
performed
by
a
shorthand
reporter
or
28
shorthand
reporting
firm
under
the
following
circumstances:
29
a.
Any
proceeding
in
the
courts
of
this
state.
30
b.
Any
proceeding
that
may
be
presented
to
a
court
in
this
31
state
for
resolution.
32
c.
Any
proceeding
in
the
courts
of
another
state
and
33
reported
using
the
services
of
a
shorthand
reporter
certified
34
by
the
board,
but
only
to
the
extent
this
section
does
not
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conflict
with
the
laws
or
rules
of
the
other
state.
1
d.
Any
other
proceeding
that
may
be
presented
to
a
court
2
of
another
state
for
resolution,
and
is
reported
using
the
3
services
of
a
shorthand
reporter
certified
by
the
board,
but
4
only
to
the
extent
this
section
does
not
conflict
with
the
laws
5
or
rules
of
the
other
state.
6
4.
Duties.
Before
accepting
a
reporting
engagement
or
7
assignment,
a
shorthand
reporter
or
shorthand
reporting
firm
is
8
obligated
to
make
reasonable
efforts
to
ascertain
whether
any
9
circumstances
exist
that
would
violate
this
section.
10
5.
Conflicts
of
interest.
11
a.
A
proceeding
shall
not
be
reported
by
a
party
or
employee
12
of
a
party,
a
person
financially
interested
in
the
proceeding,
13
an
attorney
or
an
employee
of
an
attorney
for
a
party,
or
a
14
person
related
within
the
fourth
degree
of
consanguinity
or
15
affinity
to
a
party,
a
party’s
attorney,
or
an
employee
of
a
16
party
or
party’s
attorney.
17
b.
The
compensation
of
a
shorthand
reporter
or
a
shorthand
18
reporting
firm
shall
not
be
based
or
contingent
upon
the
19
outcome
of
the
proceeding.
20
c.
A
shorthand
reporter
or
a
shorthand
reporting
firm
shall
21
not
acquire
a
financial
interest
in
the
proceeding.
22
d.
A
shorthand
reporter
or
shorthand
reporting
firm
shall
23
not
provide
additional
advocacy
or
litigation
support
services
24
in
a
proceeding
reported
by
the
shorthand
reporter
or
shorthand
25
reporting
firm,
including
but
not
limited
to
trial
preparation
26
assistance
or
deposition
summaries.
27
6.
Integrity
of
transcripts.
28
a.
The
supreme
court,
with
the
advice
of
the
board,
shall
29
adopt
rules
prescribing
the
format
of
transcripts
subject
to
30
this
section.
The
rules
adopted
by
the
supreme
court
shall
31
apply
whether
the
transcript
is
produced
in
print
or
electronic
32
format.
If
the
format
of
a
transcript
materially
varies
33
from
the
format
adopted
by
the
supreme
court,
the
parties
to
34
the
proceeding
shall
not
be
required
to
pay
any
fee
for
the
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transcript.
1
b.
The
supreme
court,
after
consultation
with
the
board,
2
shall
also
adopt
rules
establishing
dissemination
standards
to
3
protect
the
integrity
of
transcripts
subject
to
this
section.
4
7.
Fair
and
reasonable
treatment
of
parties.
5
a.
A
shorthand
reporter
or
shorthand
reporting
firm
shall
6
not
enter
into
an
agreement
for
reporting
services
which
7
provide
special
or
different
financial
terms
or
payment
dates
8
or
other
services
that
are
not
offered
to
all
other
parties
in
9
the
proceeding.
However,
different
credit
terms
may
be
offered
10
based
on
payment
history
and
credit
worthiness
of
a
party
to
11
a
proceeding.
12
b.
Upon
the
request
of
a
party
to
a
proceeding,
the
13
shorthand
reporter
or
shorthand
reporting
firm
shall
provide
14
the
requesting
party
an
itemized
disclosure
of
all
rates
and
15
charges
for
the
services
performed
during
the
proceeding.
The
16
supreme
court,
after
consultation
with
the
board,
shall
adopt
17
rules
prescribing
the
form
to
be
used
for
such
a
disclosure.
18
If
the
disclosure
is
not
provided,
or
if
the
disclosure
is
19
not
provided
in
sufficient
time
to
allow
all
parties
the
20
opportunity
to
effectively
negotiate
for
any
changes
necessary
21
to
ensure
that
comparable
terms
and
conditions
be
made
22
available
to
all
parties,
the
fee
for
the
original
transcript,
23
any
copy
of
the
transcript,
or
of
any
incidental
services
shall
24
not
exceed
the
fee
set
by
the
supreme
court
by
rule
after
25
consultation
with
the
board.
26
c.
A
shorthand
reporter
or
shorthand
reporting
firm
shall
27
not
charge
a
fee
for
a
copy
of
a
transcript
that
exceeds
sixty
28
percent
of
the
fee
charged
for
the
original
transcript.
In
all
29
cases,
fees
for
incidental
services
other
than
the
original
30
transcript
or
a
copy
of
a
transcript
shall
be
billed
at
the
31
same
rate
for
all
parties.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
relates
to
the
ethical
standards
of
certified
1
shorthand
reporters
and
shorthand
reporting
firms.
2
The
bill
defines
“shorthand
reporter”
to
mean
a
shorthand
3
reporter
certified
by
the
Iowa
board
of
examiners
of
shorthand
4
reporters.
5
The
bill
defines
“shorthand
reporting
firm”
to
mean
a
6
shorthand
reporting
firm
that
employs
or
contracts
with
a
7
certified
shorthand
reporter,
or
an
entity
that
bills
for
the
8
reporting
services
of
a
certified
shorthand
reporter.
9
The
bill
also
defines
“proceeding”
to
mean
a
court
10
proceeding,
deposition,
administrative
hearing,
arbitration
11
hearing,
an
examination
under
oath,
a
sworn
statement,
and
any
12
other
proceeding
where
the
services
of
a
certified
shorthand
13
reporter
are
used.
14
The
bill
applies
ethical
standards
to
any
proceeding
in
the
15
courts
of
Iowa;
any
proceeding
that
may
be
presented
to
an
Iowa
16
state
court
for
resolution;
any
proceeding
in
the
court
of
17
another
state
and
reported
using
an
Iowa
certified
shorthand
18
reporter,
but
only
to
the
extent
the
provisions
of
the
bill
do
19
not
conflict
with
the
laws
or
rules
of
the
other
state;
and
any
20
proceeding
that
may
be
presented
in
the
court
of
another
state
21
and
reported
using
an
Iowa
certified
shorthand
reporter,
but
22
only
to
the
extent
the
provisions
of
the
bill
do
not
conflict
23
with
the
laws
or
rules
of
the
other
state.
24
Under
the
bill,
a
proceeding
shall
not
be
reported
by
a
party
25
or
employee
of
any
party,
a
person
financially
interested
in
26
the
proceeding,
an
attorney
or
an
employee
of
an
attorney
for
27
any
party,
or
any
person
related
within
the
fourth
degree
of
28
consanguinity
or
affinity
to
a
party,
a
party’s
attorney,
or
an
29
employee
of
such
a
party
or
attorney.
30
The
bill
prohibits
the
compensation
of
a
shorthand
reporter
31
or
a
shorthand
reporting
firm
based
or
contingent
upon
the
32
outcome
of
the
proceeding
being
reported.
The
bill
also
33
prohibits
a
shorthand
reporter
or
a
shorthand
reporting
firm
34
from
acquiring
a
financial
interest
in
any
such
proceeding.
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Under
the
bill,
a
shorthand
reporter
or
shorthand
reporting
1
firm
shall
not
provide
additional
advocacy
or
litigation
2
support
services
in
a
proceeding
reported
by
the
reporter,
3
including
but
not
limited
to
trial
preparation
assistance
or
4
deposition
summaries.
5
The
supreme
court,
with
the
advice
of
the
board
of
examiners
6
for
shorthand
reporters,
shall
adopt
rules
prescribing
the
7
format
of
transcripts
subject
to
the
bill.
The
rules
adopted
8
by
the
supreme
court
shall
apply
whether
the
transcript
9
is
produced
in
print
or
electronic
format.
The
bill
also
10
provides
that
if
the
format
of
a
transcript
materially
11
varies
from
the
format
adopted
by
the
supreme
court,
the
12
parties
to
the
proceeding
shall
not
be
required
to
pay
any
13
fee
for
the
transcript.
The
bill
also
requires
the
supreme
14
court,
in
consultation
with
the
board,
to
adopt
rules
15
establishing
dissemination
standards
to
protect
the
integrity
16
of
transcripts.
17
The
bill
provides
that
a
shorthand
reporter
or
shorthand
18
reporting
firm
shall
not
enter
into
an
agreement
for
reporting
19
services
which
provide
special
or
different
financial
terms
20
or
payment
dates,
or
other
services
that
are
not
offered
to
21
all
other
parties
in
a
proceeding.
The
bill
does
permit
22
a
shorthand
reporter
or
shorthand
reporting
firm
to
offer
23
different
credit
terms
based
on
payment
history
and
credit
24
worthiness
of
a
party
to
a
proceeding.
25
Upon
the
request
of
any
party
to
a
proceeding,
the
bill
26
requires
a
shorthand
reporter
or
shorthand
reporting
firm
27
to
provide
the
requesting
party
an
itemized
disclosure
of
28
all
rates
and
charges
for
the
services
performed
during
29
the
proceeding.
If
a
requested
itemized
disclosure
is
not
30
provided,
or
if
the
disclosure
is
not
provided
in
a
sufficient
31
time,
the
bill
requires
that
the
fee
for
the
original
32
transcript,
a
copy
of
the
transcript,
or
of
any
incidental
33
services
shall
not
exceed
the
fees
that
are
set
out
by
rule
34
by
the
supreme
court.
The
bill
requires
the
supreme
court
to
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consult
with
the
board
of
examiners
of
shorthand
reporters
1
prior
to
establishing
this
rule.
2
The
bill
specifies
that
a
shorthand
reporter
or
shorthand
3
reporting
firm
shall
not
charge
a
fee
for
a
copy
of
a
4
transcript
that
exceeds
60
percent
of
the
fee
charged
for
the
5
original
transcript.
The
bill
further
specifies
that
fees
for
6
incidental
services
other
than
the
original
transcript
or
a
7
copy
of
a
transcript
shall
be
billed
at
the
same
rate
for
all
8
parties
to
a
proceeding.
9
A
person
who
violates
article
3
of
Code
chapter
602
10
(certification
and
regulation
of
shorthand
reporters)
commits
a
11
simple
misdemeanor
pursuant
to
Code
section
602.3302.
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