Board brief, Summer 2009 (June 2009)

BOARD OF COuRT REPORTING OF THE JuDICIAL COuNCIL OF GEORGIA

Board Brief

Issue 5

Summer 2009

Judge Harry J. Altman, II Janice Baker Carol Glazier Tina Harris John K. Larkins, Jr. Vickey E. Riggins Judge Philip C. Smith Derek White Vickie Wiechec

Inside This Issue:

Board of Court Reporting-

Annual Report

1

Important Information 2

Introducing New Board

members

4

AOC in New

(Familiar) Hands

5

A Message from the Court

Reporters Training Council

Court Reporters Training 6

Council Members

6

Calendar of Events

7

2009 Suspension and

Revocation List

7

Grievances

8

Board of Court Reporting -- Annual Report

The Board of Court Reporting of the Judicial Council of Georgia is the governing body that defines and regulates the practice of verbatim court reporting in the state. The Board ensures the proficiency and competency of reporters by creating and enforcing standards for court reporters, overseeing the certification process, and mandating continuing education requirements. In accordance with O.C.G.A. 15-14-27, the administrative operations are performed by the Administrative Office of the Courts (AOC). The AOC provides staff to the Board for the primary responsibilities of administering certification exams, licensure of court reporters, registration of court reporting firms, compliance of mandated continuing education, and processing of grievances filed against court reporters. The Board encourages growth of the profession by promoting involvement in associations for the exchange of ideas and educational services. Nine members comprise the Board of Court Reporting of the Judicial Council of Georgia: five certified court reporters, two attorney representatives from the State Bar of Georgia, one superior court judge, and one state court judge. The Judicial Council of Georgia ratifies the Board's rules and appoints members annually.
Board of Court Reporting FY09 Activities
Meetings Held. The Board of Court Reporting meetings this year included the required quarterly meetings, standing committee meetings, training seminars, continuing education meetings, strategic planning sessions, and a testing planning session. The purpose of the testing planning session was to create the certification exam administered in Fall `09 and a depository of the Georgia Test for FY09 and FY10. The Court Reporters' Training Council created by the Board for the purpose of developing and

implementing procedures and standards for mandated continuing education, met in the Spring and Fall of FY09.
Complaints. During this fiscal year, the Board of Court Reporting received 37 Formal Complaints; 28 grievances were dismissed and nine are pending additional actions.
Disciplinary Sanctions. The Board imposed sanctions of suspensions or revocations on 173 court reporters for failure to either (i) renew license by April 1; (ii) obtain mandatory continuing education requirements; or (iii) to attend the required Learning Essentials About Professionalism (LEAP) seminar. Fourteen registered court reporting firms received an inactive designation for failure to submit the annual registration fee by April 1.
Certifications. Court reporters are certified by meeting the current eligibility criterion and testing requirements. In FY09, 28% of the prospective applicants successfully passed the Georgia Certified Court Reporter exam. Two certification exams were administered by the Board, with the help of AOC Staff. Sixteen applicants were approved for certification by testing or a temporary judicial permit. The state of Georgia has over 1100 certified court reporters and over 120 registered court reporting firms.
Training. The Board offered a test prep seminar, "TIPS for the Test," to candidates preparing for the certification exam. This preparatory course provided technique and strategies on what to expect and how to best prepare for the certification exam. Another training seminar offered by the Board was the LEAP seminar. Every newly certified court reporter is required to successful-
continued pg 5

Hard copies of this publication are available upon request.

Page 2
Serving Georgia's Courts...
Board Brief

Important Information

Please make note of the following Formal Advisory Opinions issued by the Board, along with a new Board rule effective July 22, 2009.
Article 9. Suspension and Revocation for Dues and Continuing Education
A. Suspension A certificate is automatically suspended for: 1. Failure to pay the renewal fee by April 1st each year, or 2. Failure to meet the annual CE requirements.
Suspension is effective immediately upon noncompliance.
A suspended certificate may be reinstated by curing the cause of the suspension before December 31st of the year in which the suspension occurs.
B. Revocation If the suspension is not cured by December 31st of the year in which the suspension occurs, the certificate is automatically revoked. If the certificate is revoked, the reporter may become certified again only by meeting current certification requirements, and no sooner than the fist day of April following the date of revocation. The revoked reporter must also pay a penalty fee as established by the Board. This Article shall govern recertification of a reporter whose certificate was revoked under the prior Article 9 of these Rules after January 1, 2009.
Advisory Opinions
STATE OF GEORGIA BOARD OF COURT REPORTING OF THE JUDICIAL COUNCIL OF GEORGIA
In response to an inquiry by Georgia certified court reporters, the Board of Court Reporting, by majority vote of the Board, publicly issues the following opinion:
Formal Opinion BCR 2008-1
Application of the Code of Professional Ethics To Court Reporting Firms

On April 17, 1994, the Board of Court Reporting of the Judicial Council of Georgia adopted the Board of Court Reporting Code of Professional Ethics. Upon review by the Judicial Council, the Code of Professional Ethics came into enforcement in June 1994 by the Board.
It is the opinion of the Board of Court Reporting that the Code of Professional Ethics applies equally to both Georgia certified court reporters and court reporting firms that are registered with the Board pursuant to OCGA 15-1437(d).
As with individual court reporters, court reporting firms perform court reporting services and have relationships with the public, the bench, and the bar. Therefore, by obvious necessity and practical implication, court reporting firms are subject to the same ethical standards as individual court reporters in the maintenance of the profession at the highest level in Georgia.
REFERENCES: OCGA 15-14-37(d)-(g) (2008); Board of Court Reporting Code of Professional Ethics, Georgia Certified Court Reporter's Handbook; Advisory Opinion of the Board of Court Reporting, BCR 01-02, Guidelines for What Constitutes Contracting, June 2001.
COMMENTS:
[1] The definition of "year" referenced in the Code of Professional Ethics is that of a calendar year.
[2] Paragraph H of the Code of Professional Ethics applies to court reporting firms that are registered with the Board pursuant to O.C.G.A. 15-14-37(d). Therefore, a court reporting firm shall refrain from giving, directly or indirectly, any gift, incentive, reward or anything of value to attorneys, clients, or their representatives or agents, except for nominal items that do not exceed $50.00 in the aggregate per recipient each year.
Moreover, if a court reporting firm cannot provide a gift, incentive, reward or anything of value to an attorney, client, or their representatives or agents, without exceeding the said $50.00 limit, an individual court reporter employed by the court reporting firm for services on behalf of the court reporting firm should not provide a gift, incentive, reward or anything of value to the attorney, client, or their representatives or agents,

continued pg 3

Issue 5

Page 3

Important Information cont.

in connection with the court reporter's services on behalf of the court reporting firm.
In other words, limitations applicable to the court reporting firm should not be evaded by allowing an individual court reporter employed by the court reporting firm to be the grantor of a gift that the court reporting firm would be prohibited in making, where likewise limitations applicable to the court reporter should not be evaded by allowing a court reporting firm that employs the court reporter to be the grantor of a gift that the court reporter would be prohibited in making.
SO PUBLISHED, this 5th day of September 2008. Judge Linda S. Cowen, Chair Board of Court Reporting ***************************
STATE OF GEORGIA BOARD OF COURT REPORTING OF THE JUDICIAL COUNCIL OF GEORGIA
In response to an inquiry by Georgia certified court reporters, the Board of Court Reporting, by majority vote of the Board, publicly issues the following opinion pursuant to Article 13.B. of its Rules and Regulations:
Public Advisory Opinion BCR 2009-1
Methods For Certifying Transcripts Taken Down and Transcribed By A
Reporter With A Suspended or Revoked Certificate
A court reporter with a suspended or revoked certificate may not certify a transcript. The Georgia Code explicitly states that "[n]o person shall engage in the practice of court reporting in this state unless the person is the holder of a certificate as a certified court reporter or is the holder of a temporary permit issued under this article." OCGA 1514-28 (2009). Moreover, the Georgia

Code specifically describes the function of a court reporter to certify a transcript by stating that "[i]t shall be the duty of each court reporter to transcribe the evidence and other proceedings of which he has taken notes as provided by law....The reporter...shall affix thereto a certificate signed by him reciting that the transcript is true, complete, and correct." OCGA 15-14-5 (2009). Thus, the Georgia Code requires a court reporter to certify a transcript and such an act can only be performed if one holds a certificate as a certified reporter or a temporary permit.
Nevertheless, "the failure of [a] reporter to certify as to the correctness of the transcript when it [is] filed with the clerk of the trial court" is an "amendable" defect. Harper v. Green, 113 Ga. App. 557 (1966). Therefore, in the event that a court reporter who certifies a transcript is later found to have been operating under a suspended or revoked license at the time of certifying such transcript, such transcript may still be certified through any one of the following under Georgia law:
1. The trial judge may certify the transcript as the full, complete and correct transcript of the proceedings in the trial.
See OCGA 15-14-5 (2009); Williams v. Atlanta Gas Light Company, 143 Ga. App. 400 (1977) (Affirmation of a conviction in a case in which a transcript challenged for its accuracy was "certified by the trial judge as the full, complete and correct transcript of the proceedings in the trial."); Estep v. State, 129 Ga. App. 909 (1973) ("We all know that the trial judge has the final say so as to the correctness of a transcript of evidence."); Stamey v. State, 194 Ga. App. 305 (1990) ("Trial court's power and duty to...ensure the accuracy of the record generally."); See also Pelletier v. Schultz, 157 Ga. App. 64 (1981) and Ross v. State, 245 Ga. 173 (1980).
2. Trial court may utilize another, certified court reporter to carry out the cer-

tification process.
See Ga. Att'y Gen. U73-107. (Opined that in the case of a court reporter that died before certifying a transcript that "another reporter may take the transcript and certify it....Such a transcript would be subject to the judge's power of correction....If a transcript is so made, certified and approved, there would be no need for a new trial.")
3. The agreement of the parties as to their recollection of what transpired at trial, or if the parties cannot agree, based upon the recollection of the trial judge.
See OCGA 5-6-41(g) (2009) ("[W]here for any other reason the transcript of the proceedings is not obtainable and a transcript of evidence and proceedings is prepared from recollection, the agreement of the parties thereto or their counsel, entered thereon, shall entitle such transcript to be filed as a part of the record in the same manner and with the same binding effect as a transcript filed by the court reporter....In case of the inability of the parties to agree as to the correctness of such transcript, the decision of the trial judge thereon shall be final and not subject to review; and, if the trial judge is unable to recall what transpired, the judge shall enter an order stating that fact.")
SO PUBLISHED, this 10th day of June 2009. Judge Linda S. Cowen, Chair Board of Court Reporting
1 It should also be noted that "[a]ny person who...continues to practice as a court reporter in this state or uses any title or abbreviation indicating he or she is a certified court reporter, after his or her certificate has been revoked...shall be guilty of a misdemeanor. Each offense is a separate misdemeanor." O.C.G.A. 15-14-36.
2 Although the statute references a transcript prepared from recollection, there is seemingly no prohibition against the parties adopting the transcript prepared by the suspended or revoked court reporter as being true based on their recollections. As long as the parties agree to its accuracy, or the judge verifies its accuracy, from their recollections the transcript would be in conformity with the statutory requirements of O.C.G.A. 5-6-41(g) and therefore have the same binding effect as a transcript prepared by a certified court reporter.

Page 4
Introducing New Board Members

On August 18, 2009, new members of the Board of Court Reporting were sworn-in by Presiding Justice George H. Carley, right. From left, Mr. John K. Larkins, Jr., Ms. Tina Harris, Ms. Carol Glazier, Judge Philip Smith, and Ms. Janice Baker.

Ms. Marla S. Moore, AOC Director.

Janice S. Baker

Certified Court Reporter and owner

of Janice S. Baker & Associates, Inc., a

court reporting firm. Ms. Baker has

been a member of the court reporting

profession since the early eighties.

Ms. Baker has served as an official

court reporter for 15 years in the

Clayton Judicial Circuit, first hired by

the Honorable Kenneth Kilpatrick

and upon his retirement, the

Honorable Albert Collier. Ms. Baker

served as President of the Georgia

Certified

Court

Reporters

Association and chaired its

Legislative Action Committee. She

was instrumental in implementing

continuing education requirements

for licensed reporters in Georgia. In

2000 Ms. Baker retired from Clayton

County and currently works full-

time as a freelance reporter.

Carol Glazier Official Court Reporter for Chief Judge David E. Barrett of the Enotah Judicial Circuit and a partner of Appalachian Court Reporting, a court reporting firm. Ms. Glazier has been a part of the court reporting profession for more than 30 years. She served as president, treasurer, and general director of the Georgia Shorthand Reporters Association and is a member of the National Court Reporters Association.
Tina Harris Official Court Reporter in the Atlanta Judicial Circuit. Ms. Harris has worked in Georgia superior and state courts as an official and freelance reporter for over 10 years. Ms. Harris has served on the Executive Committee of the Court Reporters'

Training Council of the Board of Court Reporting and is a member of the Georgia Shorthand Reporters Association.
Judge Philip C. Smith Chief Judge of State Court of Forsyth County. The Honorable Philip Smith has served as a judge in the State Court of Forsyth County since 2003. Judge Smith is a member of the State Bar of Georgia and the State Board of Governors. He served on the Council of State Court Judges in 2003, as the District Attorney for Bell-Forsyth Judicial Circuit, juvenile court judge of the Blue Ridge Judicial Circuit and city court judge of Canton, GA. Judge Smith received his J.D. from the University of Georgia.

Board Brief

Issue 5

Page 5

AOC in New (Familiar) Hands

On July 22, 2009, the Judicial Council of Georgia voted unanimously to

competence, her intellect and her devotion to state government," said
Chief Justice Carol

appoint Ms. Marla S.

Hunstein, who chairs the

Moore as Director of the

Judicial Council. "I am

Administrative Office of

confident she will do an

the Courts. For the last

outstanding job in difficult

three years, Ms. Moore has

financial times."

served as a division direc-

During her years of

tor at the Criminal Justice

service at the AOC, Ms.

Coordinating Council, the

Moore has worked on

state agency that adminis- Ms. Marla S. Moore

many committees and

ters federal criminal justice grants.

commissions, including the Georgia

Twenty-five years of her career in

Commission on Family Violence, the

state government were spent at the

Georgia Department of Human

AOC, where she served as Senior

Resources Sexual Assault Task Force,

Associate Director of Court Services. Commission on Gender Bias in the

"Marla Moore has a stellar repu- Judicial System, and the Supreme

tation, based on her integrity, her

Court Commission on Equality.

Ms. Moore has an undergraduate degree in history and a masters in political science from Pittsburg State University in Kansas. She is a fellow of the Institute of Court Management. A resident of Atlanta, she is married to Richard A. Gosselin. Their daughter Ronnie A. Gosselin is a first year law student at Harvard Law School.
Ms. Moore was selected from a field of candidates to fill the vacancy created by the retirement of Mr. David L. Ratley. She began her tenure as AOC Director on August 3, 2009.

Annual Report cont.

ly complete the LEAP seminar within the first year of certification. The Board trained 51 persons in FY09.
Board Goals and Accomplishments for Fiscal Year 2009. The Board modified its eligibility criteria on the application process for certification. Prospective applicants must attain a passing score on either the National Court Reporters Association (NCRA) exam or the National Verbatim Reporters Association (NVRA) exam prior to applying for licensure in Georgia. A three-year Strategic

Business Plan was created to guide the Board in identifying its mission, strategies, and goals. Lastly, the Board, with the assistance of the AOC staff enhanced its website to answer routine inquiries on certification, license renewals, annual registrations, testing, disciplinary procedures, training, and continuing education requirements.
Mid-Year Board Initiatives for Fiscal Year 2010. The mid-year performance initiatives include: Implementation of the Board's

three-year Strategic Business Plan. Update the code sections, case law, Board Opinions, retention schedule, and fee schedule of the Georgia Certified Court Reporters' Resource Guide, formerly called the Georgia Certified Court Reporter's Handbook. Conversion of the Board's certification records from a paper copy to an electronic copy. Issue Board Opinions to formally advise court reporters and court reporting firms on the interpretation of its Rules and Regulations.

Page 6

A Message from the Court Reporters Training Council

Submitted by Barbara Teskey, ICJE

This is a productive year for continuing education. Already, the CRTC accredited over 50 CE events. These are posted on the calendar of "Preapproved Classes and Seminars" at the ICJE website. Those of you on the email listserv know that the calendar is updated frequently this time of year as CE providers set their fall and winter schedules. We try to alert every Georgia reporter of new courses by periodic email when the calendar is updated, so be sure that the Board of Court Reporting has your current email address. Of course, you can visit the ICJE website at any time for a full list of upcoming classes.
ICJE Website: www.uga.edu/icje (click "Court Reporters")
The CRTC strives to accredit a variety of educational topics, course locations and seminar formats, while maintaining high standards of quality and relevance.
Each year, the Georgia court reporting associations offer comprehensive seminars on a wide variety of topics pertinent to our careers. Depending on the publication of this message, you may still have an

opportunity to join the GSRA Fall Seminar which starts 9/11/2009. This year, there were three 10-hour Georgia association programs, as well as a 5-hour LEAP seminar conducted for newly certified reporters. Look for spring, summer and fall association seminars in 2010. Still coming this year are programs on court reporting software, legal topics, language skills, Spanish, ethics, and business management and communication. These live events represent excellent opportunities to exchange ideas with fellow court reporters while acquiring new information from the training experts.
This year, for the first time, the Georgia CRTC had the occasion to review and accredit a webinar for court reporters. The webinar format broadcasts a live seminar online in real time. You can attend the studio audience, or you can register to view the presentation via the Internet on your own computer. Since our first live webinar was broadcast from New Jersey, most Georgia reporters probably opted to attend by computer; but all audience members, including those online, had a chance to participate in discussion. The CRTC will continue to monitor this and other new types of program-

ming to locate the best educational opportunities for Georgia court reporters.
If your schedule does not permit attendance at a live event this year, we offer over 25 preapproved correspondence courses. They range from 1 to 10 hours, and you can choose the subjects that suit your needs. Several new correspondence courses were added in the past year. They all are listed on the ICJE website "Preapproved Classes and Seminars" link. Just scroll down below the calendar of live events.
Don't forget that our annual CE deadline is December 31. By December 31, you need to have evidence of your full 10 hours of training postmarked or fax-dated on its way to ICJE. At the ICJE website, you can check your progress toward the annual requirement (CE Credit Hour Status link), find additional classes (Preapproved Classes and Seminars link), and obtain forms for filing your CE paperwork (CRTC-1 and CRTC-2 links).
Participation in the CE program is just one way that we all work together to promote the highest possible standards in the court reporting field. Select the classes that work best for you, learn, and enjoy!

Court Reporters Training Council Members

Ray Green, Chair
Atlanta, Georgia Board Appointment Freelance/Voice Writer July 2008 June 2011

Carol Mallory
Athens, Georgia GCCRA Appointment Official/Voice Writer July 2007 June 2010

Bobbie Houldridge Mahon
Albany, Georgia GCCRA Appointment Freelance/Voice Writer July 2009-June 2012

Melanie Reed
Atlanta, GA GCCRA Appointment Official/Shorthand September 2009-June 2011

Harvey Schulman, Vice-Chair
Atlanta, Georgia GCCRA Appointment Freelance/Shorthand July 2008 June 2011
Victoria R. Smith, Secretary
Marietta, Georgia Board Appointment Freelance/Shorthand July 2007 June 2010

Board Brief

Issue 4
CALENDAR OF EVENTS
December 31, 2009
January 1, 2010 April 1, 2010 April 1, 2010

Page 7
Deadline to cure suspension status for non-payment of License Renewal
Deadline for submission of CE Credit Renewal period begins for Certified Court Reporters and Registered Court Court Reporting Firms
Deadline for Renewal of Certificate and Annual Registration
Late fee applies to Renewal of Certificates and Annual Registrations

2009 Suspension and Revocation Lists

The Board of Court Reporting of the Judicial Council of Georgia publicly list court reporters who fail to renew by April 1st of each year or meet the mandatory continuing education requirements. Though every effort is made to provide an accurate list of suspended or revoked court reporters, it is not guaranteed to be correct, complete, or up-to-date. This listing is for convenience purposes only and is not intended to be an official record of the current status of court reporting licenses. It is recommended that you contact the Board of Court Reporting for verification of information and not rely solely on the information of the listing.

Alist of suspended and revoked court reporters can be found on the Board of Court Reporting website, www.georgiacourts.org/agencies/bcr. Please note suspension is effective immediately upon noncompliance, not upon receipt of notice. A suspended certificate may be reinstated by curing the cause of the suspension prior to December 31st of the year in which the suspension occurs. If the suspension is not cured by December 31st of the year in which the suspension occurs, the certificate is automatically revoked.

Grievances for Fiscal Year 2009

Required Actions

Final Actions

Dismissed Voluntarily-Dismissed Pending Further Action Conditionally Dismissed Total %

No Action
15 1 3 0 19
51.35%

Required Answer Required Hearing

9 2 4 2 17 45.94%

0 0 1 0 1 2.7%

Total
24 3 8 2 37

%
64.86% 8.1%
21.62% 5.4%

Only grievances and actions from July 1, 2008 to June 30, 2009 were taken into account. Grievances that were filed against non-certified reporters or filed incomplete were counted as dismissed-no action.

Board Brief
Board of Court Reporting
244 Washington Street, S.W., Suite 300
Atlanta, GA 30334-9015