FINAL BILL REPORT

 

 

                                   SHB 1208

 

 

                                  C 382 L 89

 

 

BYHouse Committee on Commerce & Labor/Appropriations (originally sponsored by Representatives Cole, Patrick, R. King, Walker, Jones and Anderson)

 

 

Requiring certification of court reporters.

 

 

House Committe on Commerce & Labor

 

 

Senate Committee on Economic Development & Labor

 

 

                              SYNOPSIS AS ENACTED

 

BACKGROUND:

 

Court reporters and shorthand reporters record and transcribe verbatim reports of court proceedings, depositions, and other official proceedings. A court reporter may work as an official reporter for a superior court judge or may work on an independent basis, reporting such proceedings as depositions and administrative hearings.

 

By statute, an official reporter must have at least three years' experience or pass an examination.  Official reporters hold office during the term of the judge or judges making the appointment, but may be removed for incompetency, misconduct, or neglect of duty.  Official reporters are also required to file a $2,000 bond.

 

Other than the regulation of official reporters, the state does not regulate court reporters.

 

Legislation to regulate court reporters has been introduced in the last several sessions.  In 1987, the House Commerce & Labor Committee requested the Department of Licensing to conduct a sunrise review of the regulation of court reporters.  The department found a potential for public harm with unregulated practice and recommended regulation at the level of certification.

 

SUMMARY:

 

The shorthand reporting practice act is adopted. No person may represent himself or herself as a court reporter, shorthand reporter, certified shorthand reporter, or certified court reporter without first obtaining a certificate from the Department of Licensing.

 

Applicants for certification must pass an exam, be of good moral character, not have engaged in unprofessional conduct, and not have been determined to be unable to practice with reasonable skill and safety as a result of a physical or mental impairment.  The exam must not be more difficult than the exam for official reporters.  Persons with at least two years' experience in the state as of the effective date may receive a certificate without examination, if application is made within one year of the effective date.  Persons with less than two years' experience may receive a temporary one-year certificate.  The director of the Department of Licensing also has discretion to grant a one year temporary certificate to persons holding a national shorthand reporters association certificate of proficiency, registered professional reporter certification or certificate of merit; a current court reporter certification, registration, or license of another state; or a certificate of graduation from a court reporting school.  A person with a temporary certificate must pass the examination before the certificate expires to continue to practice.  The director may renew a temporary certificate if extraordinary circumstances are shown.

 

A five member shorthand reporters advisory board is established to advise the director.  Two members shall be free lance shorthand reporters and one a court-employed shorthand reporter, each having been engaged in shorthand reporting on a continuous basis for at least the previous five years.  One member shall be a current member of the state bar association or judiciary and the other shall be a public member.

 

Unprofessional conduct is specified, including incompetence, misleading advertising, and commission of a dishonest act relating to the practice of shorthand reporting.  Upon a finding that a certificate holder or an applicant has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the director after a hearing may revoke or suspend the certificate, require remedial education, and take other disciplinary action.

 

 

VOTES ON FINAL PASSAGE:

 

      House 93   2

      Senate    45     2 (Senate amended)

      House             (House refused to concur)

      Senate    41     0 (Senate amended)

      House 97   0 (House concurred)

 

EFFECTIVE:September 1, 1989