In re Bd. of Certified Ct. Rep
2017 Ark. 260
| Ark. | 2017Background
- The Arkansas Supreme Court (per curiam) adopted amendments to the Rule Providing for Certification of Court Reporters and the Board’s Regulations, effective immediately, after a public comment period.
- The Board of Certified Court Reporter Examiners is composed of seven Court-appointed members (four judges, three reporters) with specified term staggering, reappointment limits, and representation requirements (machine shorthand, voice writer, official, freelance).
- The Board’s duties include certifying reporters, setting examination content and fees, promulgating regulations (subject to Court approval), investigating complaints, disciplining reporters, requiring retention schedules for official court reporter records, and administering continuing education.
- Applicant qualifications include age, good moral character, no disqualifying convictions, and an official background check; certification is method-limited (e.g., machine vs voice) and testing standards (written test + speed/transcription tests) are specified.
- Discipline procedures define sanctions (public/private admonition, suspension, revocation), hearing quorum and voting thresholds (5 members present; 4 votes to find violation/sanction), discipline-by-consent procedures, penalties (costs, fines up to $1,000, restitution), and reinstatement process and fees.
- Continuing-education requirement: 30 credits every three years (with 3 credits in ethics), carryover up to 10 hours, exemptions for age 65 or 30 years’ certification, inactive status procedures, approval standards for activities, enforcement, and suspension for noncompliance.
- Records-retention schedules set minimum retention periods and procedures for official and freelance reporters, security and transfer responsibilities, methods of disposal, logs of records, and special rules for physical exhibits, death, departures, and court-ordered extensions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to adopt the Board’s proposed rule and regulatory amendments | Board: amendments promote uniform certification, discipline, education, and record retention | Commenters/Public: (varied; some concerns during comment period about specific provisions) | Court adopted the Board’s proposed amendments in line-by-line form, effective immediately |
| Board composition, terms, and member qualifications | Board: specified staggered terms, term limits, and reporter-type representation ensure expertise and continuity | Commenters: potential concerns about composition or term limits (not detailed) | Adopted as proposed; appointments and reappointment rules set by Court |
| Disciplinary process, sanctions, and hearings (quorum, votes, consent discipline) | Board: establishes clear procedures, voting thresholds, and consent process for efficiency and fairness | Critics could argue about adequacy of procedural protections or voting thresholds | Adopted: hearings require 5 members present; 4 votes to find violation/sanction; consent discipline permitted; sanctions defined |
| Continuing-education mandate and exemptions | Board: 30 credits/3 yrs (3 ethics), carryover, exemptions for age/tenure, waiver for hardship ensures competence | Some reporters might argue burdens on out-of-state or older reporters | Adopted with carryforward, waiver/extension authority, exemption at age 65 or 30 years’ certification |
| Records-retention schedules for official and freelance reporters | Board: specific retention periods, storage, transfer and disposal procedures protect access to records | Reporters may raise storage or burden concerns | Adopted: detailed schedules, transfer rules on departure/death, disposal methods, logs, and court-ordered extensions |
Key Cases Cited
- No reported cases cited in this per curiam rule-adoption opinion. (The Court adopted the Board’s regulations; the opinion does not rely on other reported authorities.)