Summary
stating "Article 7, Section 4 of the Arkansas Constitution confers upon this court superintending control over all inferior courts of law or equity. This Court has inherent rule making authority under this provision of the Constitution."
Summary of this case from Opinion No. 1994-295Opinion
Henry C. Morris, Judge of the Municipal Court of DeQueen, Sevier County, DeQueen, Joan Morgan Porter, President of the Arkansas Court Reporters Ass'n by James B. Blair, Atty., Springdale, David Burnett, Circuit Judge, Osceola, Donn Mixon, Jonesboro, Gill, Skokos, Simpson, Bufords&sOwen, P.A. by Theodore C. Skokos, Little Rock and Sigrid J. Cox, Court Reporter, DeQueen, amici curiae.
PER CURIAM.
On December 13, 1982, the Arkansas Court Reporters Association, a voluntary and non-profit association of court reporters in Arkansas, filed a petition asking the Supreme Court to adopt a rule providing for the certification of court reporters and the establishment of an Examiners' Board. The petition stated that standards were needed to protect the quality, accuracy, and professionalism of court reporting, that is, persons who take depositions and other matters within the purview of court reporting which may be admitted into evidence under the laws of Arkansas.
On January 10, 1983, the Court accepted the petition and requested all interested parties to file briefs by May 1, 1983. After fully considering the various responses we conclude that a board governing the certification of court reporters should be established.
[280 Ark. 599] Article 7, section 4 of the Arkansas Constitution confers upon this Court superintending control over all inferior courts of law or equity. This Court has inherent rule making authority under this provision of the Constitution. In Re Arkansas Criminal Code Revision Commission, ex parte, 259 Ark. 863, 530 S.W.2d 672 (1975). Therefore, the following Rule is adopted providing for the certification of court reporters in the State of Arkansas:
Section 1. Members of the Board.
A. The Board of Certified Court Reporters Examiners hereafter referred to as the "Board", shall be composed of seven members who shall be appointed by this Court. Four of the members shall be judges of the Circuit, Chancery, or Appellate Courts and shall be appointed for terms of three years. Initially, one of the four shall be appointed for a term of one year, one for a term of two years, and two for a term of three years. Three of the Board members shall have been court reporters in and citizens of Arkansas for at least five years prior to their appointment. Initially, one of the three shall be appointed for a term of one year, one for a term of two years, and one for a term of three years. Members of the Board shall serve without compensation but shall be reimbursed for their travel and other expenses in the performance of their duties.
B. After each member's term expires, his successor shall be appointed for a term of three years. Each member shall serve until his successor is appointed and qualified. This Court shall fill any vacancy by appointing a member for the duration of an unexpired term and may remove any member for cause.
C. Each member shall take an oath that he will fairly and impartially and to the best of his ability administer this Rule.
Section 2. Officers of the Board; Meetings.
At the first meeting of the Board, the Board will organize by electing one of its members as chairman [280 Ark. 600] and one as secretary, each of whom shall serve for one year and until his successor is elected. The Clerk of this Court shall serve as treasurer. The Board shall meet in Little Rock and shall hold such meetings not less than once a year and at such time and places as the Board shall designate.
Section 3. Duties of the Board.
The Board is charged with the duty and invested with the power and authority:
A. To determine the eligibility of applicants for certification.
B. To determine the content of examinations to be given to applicants for certification as certified court reporters.
C. To determine the applicant's ability to make a verbatim record of court proceedings by any recognized system designated by the Board.
D. To issue certificates to those found qualified as certified court reporters.
E. To establish standards and conditions for reciprocity and for temporary waivers of certification requirements of eligible applicants.
F. To set a fee to be paid by each applicant at the time the application is filed and an annual license fee.
G. To promulgate, amend and revise regulations relevant to the above duties and to implement this Rule. Such regulations are to be consistent with the provisions of this Rule and shall not be effective until approved by this Court.
[280 Ark. 601] Section 4. Application for Certification.
Every applicant for examination for certification as a certified court reporter shall file with the clerk of this court a written application in the form prescribed by the Board. Upon request, the clerk of this court shall forward to any interested person application forms together with the text of this rule and a copy of the regulations promulgated by the Board under the provisions of Rule 3G.
Section 5. Eligibility for Certification.
Applicants shall be at least 18 years of age and be of good moral character.
Section 6. Admission Without Examination.
Upon application and payment of the fee within four months of the effective date of the rule, any court reporter serving in that capacity on or before January 1, 1983, shall be issued a certificate without examination, provided the application and fee are accompanied by letters of recommendation from either a Circuit, Chancery, or Court of Appeals Judge and two attorneys who are licensed to practice law in the State of Arkansas, who certify that the applicant was a practicing court reporter on or before January 1, 1983.
Section 7. Revocation or Suspension.
The Board, for good cause shown after a hearing by the Board, may revoke or suspend any certificate issued by the Board. The Board's decision may be appealed de novo to Circuit Court.
Section 8. Funds-Disbursement of.
All fees and other monies accruing under the Rule shall be deposited by the Clerk of this Court in an account called, "Certified Court Reporters Fund". All expenses incurred by the Board shall be paid out of this fund as [280 Ark. 602] authorized and directed by the Board. Travel and other necessary expenses of the members of the Board shall be paid from said fund.
Section 9. Scope.
As to all transcripts taken from and after the effective date of this Rule, all courts in Arkansas will accept as evidence only those transcripts which are certified by a court reporter who holds a valid certificate under this Rule.
Section 10. Effective Date.
The effective date of this Rule is January 1, 1984.