REPORT TITLE:
Court Reporters


DESCRIPTION:
Imposes requirements on private court reporters.  Provides for
civil fine for violations.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3042
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO COURT REPORTERS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 606-13.5, Hawaii Revised Statutes, is
 
 2 amended by adding a new definition to be appropriately inserted
 
 3 and to read as follows:
 
 4      ""Person" refers to any of the following when involved in a
 
 5 particular action out of which a reporting incident arises:  a
 
 6 deponent, a party, an attorney representing a party, one having a
 
 7 financial interest in the action, or an agent of any of the
 
 8 foregoing."
 
 9      SECTION 2.  Section 606-13.6, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "[[]�606-13.6[]]  Private court reporters; contracts.(a)
 
12 Any contract for private court reporting services, not related to
 
13 a particular case or reporting incident, shall be prohibited
 
14 between a private court reporter or any other person with whom a
 
15 private court reporter has a principal and agency relationship,
 
16 and any attorney, party to an action, party having a financial
 
17 interest in an action, or any entity providing the services of a
 
18 certified shorthand reporter.  [Negotiating or bidding reasonable
 
19 fees, equal to all parties, on a case-by-case basis may not be
 

 
Page 2                                                     3042
                                     S.B. NO.           
                                                        
                                                        

 
 1 prohibited.]
 
 2      (b)  Reasonable fees, equal to all parties, shall be charged
 
 3 for equal services to all persons, including transcription copies
 
 4 arising out of the same reporting incident.
 
 5      (c)  Distribution of all copies of any particular transcript
 
 6 to persons requesting the copies shall be made simultaneously and
 
 7 in a manner reasonably likely to ensure that all persons receive
 
 8 the copies simultaneously.
 
 9      (d)  Upon the request of any person, the private court
 
10 reporter shall disclose, on the record, the details of any
 
11 contract, agreement, or other arrangement with any person in
 
12 connection with the particular reporting incident.
 
13      (e)  No court reporter shall engage in any conduct that
 
14 might undermine the impartiality of the court reporter.
 
15      (f)  Upon the request of any person, a private court
 
16 reporter shall provide comparable services to all persons
 
17 involved in a particular reporting incident.
 
18      [(b)] (g)  Violation of this section shall be grounds for
 
19 discipline, censure, or suspension or revocation of licensure.
 
20 In addition, for each violation of this section, a civil fine of
 
21 not more than $500 may be imposed."
 
22      SECTION 3.  This Act does not affect rights and duties that
 
23 matured, penalties that were incurred, and proceedings that were
 

 
Page 3                                                     3042
                                     S.B. NO.           
                                                        
                                                        

 
 1 begun, before its effective date.
 
 2      SECTION 4.  Statutory material to be repealed is bracketed.
 
 3 New statutory material is underscored.
 
 4      SECTION 5.  This Act shall take effect upon its approval.
 
 5 
 
 6                           INTRODUCED BY:_________________________