A. Edelist Deposition Service, Inc.
Est: 1979

Current Events

Court Reporters Board of California

Please click on the link below to view the "CRB Today - Board Newsletter, Fall 2016."

 


Please click on the link below to view the statistical report for the current
Court Reporters Board of California CSR November 2016 Dictation Examination.


http://courtreportersboard.ca.gov/applicants/examstats_0716_1016.pdf


CSR BOARD LEGISLATIVE UPDATES

§ 2475. Professional Standards of Practice (Regulatory Language)


(a) Consistent with any action that may be taken by the Board pursuant to

sections 8025 and 8025.1 of the Code, the Board may cite a business that

renders professional services, namely shorthand reporting services, within the

meaning of Corporations Code section 13401 or cite or discipline any certificate

holder, including suspending, revoking, or denying the certification of a certified

shorthand reporter, for violation of professional standards of practice.

(b) Every person under the jurisdiction of the Board who holds a license or

certificate, or temporary license or certificate, or business that renders

professional services, namely shorthand reporting services, within the meaning

of Corporations Code section 13401, shall comply with the following professional

standards of practice:

(1) Make truthful and accurate public statements when advertising professional

qualifications and competence and/or services offered to the public.

(2) Maintain confidentiality of information which is confidential as a result of rule,

regulation, statute, court order, or deposition proceedings.

(3) Perform professional services within the scope of one's competence,

including promptly notifying the parties present or the presiding officer upon

determining that one is not competent to continue an assignment. A licensee

may continue to report proceedings after such notification upon stipulation on the

record of all parties present or upon order of the presiding officer.

(4) Comply with legal and/or agreed-to delivery dates and/or provide prompt

notification of delays.

(5) In addition to the requirements of section 2025.220(a)(5) of the Code of Civil

Procedure, promptly notify, when reasonably able to do so, all known parties in

attendance at a deposition or civil court proceeding and/or their attorneys of a

request for preparation of all or any part of a transcript, including a rough draft, in

electronic or paper form. No such notification is necessary when the request is

from the court.

(6) Act without bias toward, or prejudice against, any parties and/or their

attorneys.

(7) Not enter into, arrange, or participate in a relationship that compromises the

impartiality of the certified shorthand reporter, including, but not limited to, a

relationship in which compensation for reporting services is based upon the

outcome of the proceeding.

(8) Other than the receipt of compensation for reporting services, neither directly

or indirectly give nor receive any gift, incentive, reward, or anything of value to or

from any person or entity associated with a proceeding being reported. Such

persons or entities shall include, but are not limited to, attorneys, an attorney's

family members, employees of attorneys or an employee's family members, law

firms as single entities, clients, witnesses, insurers, underwriters, or any agents

or representatives thereof. Exceptions to the foregoing restriction shall be as

follows: (A) giving or receiving items that do not exceed $100 (in the aggregate

for any combination of items given and/or received) per calendar year to or from

an attorney, an attorney's family members, an employee of an attorney or an

employee's family members, a law firm as a single entity, a client, a witness, an

insurer, an underwriter, or any agent or representative thereof; or (B) providing

services without charge for which the certified shorthand reporter reasonably

expects to be reimbursed from the Transcript Reimbursement Fund, sections

8030 et seq. of the Code, or otherwise for an "indigent person" as defined in

section 8030.4(f) of the Code.

Note: Authority cited: Section 8007, Business and Professions Code. Reference:

Sections 8025, 8025.1 and 8030, Business and Professions Code.

Please click on the links below to view the "UPDATED Citation and Fines Issued and Disciplinary Actions," for the Court Reporters Board of California:

http://www.courtreportersboard.ca.gov/lawsregs/cite-fine.pdf
http://www.courtreportersboard.ca.gov/consumers/discipline.pdf

If you cannot reach the URL by clicking on the above link, please copy and paste it directly into your browser.

The PDF document requires the most current version of Adobe Reader to view.
To download click on the following link:

http://www.dca.ca.gov/adobe.shtml

https://www.dca.ca.gov/webapps/crb/subscribe.php


This link provides a list of all November 2014 CSR pass results for each California court reporting programs statewide:

http://courtreportersboard.ca.gov/applicants/examstat_1114.pdf

This link provides a viewing of the "CRB Today - Board Newsletter, Fall 2014":

http://courtreportersboard.ca.gov/formspub/fall_2014.pdf


CCRA
California Court Reporters Association

Advancing our profession for over 100 years

 

            CALL TO ACTION
             
           

 

Amended  IN  Assembly  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1631


Introduced by Assembly Member Salas

February 17, 2017


An act to add Section 23.4 to amend the heading of Article 5 (commencing with Section 8040) of Chapter 13 of Division 3 of, and to add Section 8041 to, the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


AB 1631, as amended, Salas. Professional services. Shorthand reporters: shorthand reporting service corporation.
Existing law provides for the certification and regulation of shorthand reporters and for the regulation of shorthand reporting corporations by the Court Reporters Board of California within the Department of Consumer Affairs. Under existing law, a violation of the laws governing the practice of shorthand reporting and shorthand reporting corporations is a crime.
This bill would additionally define a shorthand reporting service corporation as a corporation that renders back office support services to shorthand reporting corporations and certified shorthand reporters, as specified. This bill would prohibit a shorthand reporting service corporation or its owners, managers, or employees from giving or otherwise providing cash or cash equivalents, including gift cards, for marketing purposes. This bill would prohibit its provisions from being construed to limit a shorthand reporting service corporation from entering into long-term or multi-case contracts with attorneys, law firms, or 3rd parties, as specified. This bill would require its provisions to be enforced by the Attorney General. Because this bill would expand the scope of an existing crime, it would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Moscone-Knox Professional Corporation Act, prohibits a professional corporation from rendering professional services, as defined, in this state without a currently effective certificate of registration issued by the governmental agency regulating the profession in which the corporation is or proposes to be engaged and excepts any professional corporation rendering professional services by persons duly licensed by specified state entities from that requirement. Existing law authorizes specified healing arts practitioners to be shareholders, officers, directors, or professional employees of a designated professional corporation, subject to certain limitations relating to ownership of shares.

Under existing law establishing the licensing laws for various of those healing arts practitioners, there exist provisions governing professional corporations, which correspond to the Moscone-Knox Professional Corporation Act.

This bill would add the definition of “professional services” contained in the Moscone-Knox Professional Corporation Act to the Business and Professions Code.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 The heading of Article 5 (commencing with Section 8040) of Chapter 13 of Division 3 of the Business and Professions Code is amended to read:
Article  5. Shorthand Reporting Corporations and Shorthand Reporting Service Corporations

SEC. 2.

 Section 8041 is added to the Business and Professions Code, to read:
8041.
 (a) A shorthand reporting service corporation is a corporation that renders back office support services to shorthand reporting corporations and certified shorthand reporters, including, but not limited to, copying, indexing, labeling, binding, storing records, accounting, billing, delivery, and retrieval.
(b) A shorthand reporting service corporation or its owners, managers, or employees shall not give or otherwise provide cash or cash equivalents of any amount, including gift cards, for marketing purposes. As used in this section, “gift card” means a card or gift certificate, stored value card, or similar instrument purchased for monetary consideration when the card, certificate, or similar instrument is redeemable for merchandise, food, or services. Nothing contained in this subdivision shall otherwise prohibit customary and reasonable entertainment and marketing expenses.
(c) Nothing contained in this section, article, Section 13401 of the Corporations Code, or any other law, shall be construed to limit a shorthand reporting service corporation from entering into long-term or multi-case contracts with attorneys, law firms, or third parties that are financing all or part of the action.
(d) The provisions of this section shall be enforced by the Attorney General.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 23.4 is added to the Business and Professions Code, to read:
23.4.

Except where the context suggests otherwise, consistent with Section 13401.1 of the Corporations Code, “professional services” means any type of professional services that may be lawfully rendered only pursuant to a license, certification, or registration authorized by the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act.


AB 1450 (OBERNOLTE)

Summary: This bill would require that an official reporter or official pro tempore shall deliver a transcript in electronic form, in compliance with the CA Rules of Court, to any court, party, or person entitled to the transcript, unless the recipient requests the transcript in paper form; or if, prior to 2023, the court lacks the ability to use or store the transcript electronically or the reporter lacks the technical ability to deliver the transcript electronically.   The requirements of Government Code 69950 and 69954 shall still apply whether delivered electronically or in paper form, and the transcript shall be deemed to be an original transcript for all purposes.   The official or pro tem official reporter shall not be required to use a specific vendor or software to comply with this section unless the reporter agrees with any of the transcript recipients to use a specific vendor or software.

Support/Opposition:  CCRA (sponsor), San Diego County District Attorney; no opposition on file.

Status:  Passed by the Assembly; in Senate.  Passed as amended by Senate Judiciary Committee; referred to Senate Appropriations Committee; no hearing  date set yet.

SB 27 (MORRELL)

Summary:  Bill similar to AB 703; requires all boards within the Department of Consumer Affairs to waive fee for the application and issuance of an initial license for a person who has served in the CA National Guard or US Armed Services.

Support/Opposition: Author sponsor; supported by several veteran and engineering associations.  No opposition on file. Status:  Passed by Committee on Business, Professions & Economic Development and Veteran Affairs.  Referred to Appropriations Committee, held under submission

SB (SENATE BILL) 72 (MITCHELL)

Summary:   This bill would enact the Excluded Employee Arbitration Act to permit an employee organization that represents an excluded employee who had filed grievances with the Department of Human Resources to request arbitration.  A party to the arbitration would have the right to have a CSR report the arbitration, and the transcript would be the official record of the proceeding.

Support/Opposition:  CA Correctional Supervisors Organization (Sponsor) and 11 other employee organizations. No opposition on file.  Status:  Passed by Senate.  In Assembly; passed by Judiciary Committee as amended; referred to the Appropriations Committee.

AB 1631 (SALAS)

Summary: Existing law requires that a heariAs amended, this bill would prohibit a person or entity employing reporters or contracting with reporters from giving cash or cash equivalents of any amount, including gift cards, for marketing purposes.  The bill specifically does not prohibit reasonable entertainment and marketing expenses.  It also specifies that nothing in this bill or any other law shall limit anyone from entering long-term or multi-case contracts with attorneys, law firms, or third parties financing an action.   As originally drafted, the bill created a new definition of “shorthand reporting service corporation” for firms rendering back-office support services. 

That language  was amended out in response to strong CalDRA opposition. Support/Opposition: Veritext, Esquire, Magna Legal Services, U.S. Legal Support.   Opposition by CalDRA. Status: On 4/25, heard by the Assembly Business & Professions Committee;  failed passage.

AB 1660 (KALRA)

Summary: This bill would allow for an individual or entity to provide or arrange for court reporters if one of the following requirements is met:   1) if the individual is a CSR; 2) the entity is a shorthand reporting corporation; 3) the individual or entity is registered with the CRB as a court reporter provider.  Also, an individual or entity registered as a court reporter provider shall be subject to the same laws and regulations applicable to the conduct of CSRs. An individual or entity shall not engage in the practice of reporting on behalf of an individual or entity that is not registered with the CRB as a reporter provider and shall verify registration with the CRB before working on behalf of that person or entity.

Support/Opposition: CA Court Reporters Board (sponsor), DRA, CCRA; opposition  by Esquire, Magna Legal, U.S. Legal  Support, Veritext. Status:  Passed by Assembly; in Senate.  Passed as amended by then Business, Professions & Economic Development Committee.  Referred to the  Appropriations Committee.

Support/Opposition:  CA Correctional Supervisors Organization (Sponsor) and 11 other employee organizations. No opposition on file.  Status:  Passed by Senate.  In Assembly; passed by Judiciary Committee as amended; referred to the Appropriations Committee.

SB 484 (ROTH)

Summary:   This CalDRA-sponsored bill would make it unlawful for any person employed by, or who contracts with, an agency that arranges for deposition officers to report/transcribe depositions to offer any gift, incentive, reward, or anything of value to any person or entity associated with a proceeding

being reported or transcribed.   Any person or entity who violates this section shall be liable for a civil fine not to exceed $5,000.   The Attorney General, a DA, or a city attorney may bring a civil action for a violation of this section. Support/Opposition:  CalDRA (sponsor), COCRA, and numerous reporting agencies and independent freelance reporters within CA.  Opposed (unless amended) by Esquire Deposition Services, Magna Legal Services, U.S. Legal Support, Veritext Corporation.  Status:  Passed by Senate; in Assembly.  Referred to Judiciary Committee.  Hearing set for 6/20 cancelled  by author.

Introduced by Senator Roth

February 16, 2017



An act to amend Section 8008 of the Business and Professions Code, and to add Section 2025.325 to the Code of Civil Procedure, relating to depositions.


LEGISLATIVE COUNSEL'S DIGEST


SB 484, as amended, Roth. Deposition reporting services: unlawful business practices.
Existing law provides for the certification and regulation of shorthand reporters by the Court Reporters Board of California and authorizes it to revoke or suspend a certificate for specified acts of misconduct. Existing law authorizes any party to obtain discovery in civil actions by taking the oral deposition of any person, including any party to the action. Existing law requires that a deposition be conducted under the supervision of an officer who is authorized to administer an oath and subjects the deposition officer or entity providing the services of the deposition officer to certain restrictions.
This bill would provide that it is unlawful for a person or entity that employs one or more who is employed by or who independently contracts with an entity that arranges for deposition officers for the purpose of transcribing to report or transcribe deposition testimony to give, pursuant to any agreement or understanding, oral or otherwise, any referral fee, kickback, bribe, rebate, or thing of value to an attorney or law firm, or to an employee or independent contractor of an attorney or law firm, as compensation or inducement in connection with the services to be provided by the deposition officer, as specified. offer, pursuant to any agreement or understanding, oral or otherwise, any gift, incentive, reward, or anything of value to any person or entity, as defined, associated with a proceeding being reported or transcribed. The bill would also provide that a violation of this provision is punishable by a civil fine not to exceed $20,000 $5,000 for each violation, and would authorize the Court Reporters Board of California, or the Attorney General, a district attorney, or a city attorney to bring a civil action for a violation of this provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 8008 of the Business and Professions Code is amended to read:
8008.

The board has the following powers and duties:

(a)To adopt a seal.

(b)By affirmative vote of at least three members of the board, to suspend, revoke, or impose any other disciplinary action against a certificate for any cause specified in this chapter.

(c)To charge and collect all fees as provided for in this chapter.

(d)To require the renewal of all certificates.

(e)To issue subpoenas, to administer oaths, and to take testimony concerning any matter within the jurisdiction of the board.

(f)To investigate the actions of any licensee, upon receipt of a verified complaint in writing from any person, for alleged acts or omissions constituting grounds for disciplinary action under the chapter.

(g)To administer the Transcript Reimbursement Fund described in Section 8030.2.

(h)To bring a civil action for a violation of Section 2025.325 of the Code of Civil Procedure.

SEC. 2.SECTION 1.

 Section 2025.325 is added to the Code of Civil Procedure, to read:

2025.325.
 (a) It is unlawful for a person or who is employed by or who independently contracts with an entity that employs one or more arranges for deposition officers for the purpose of transcribing to report or transcribe deposition testimony pursuant to subdivision (b) of Section 2025.330 to give, pursuant to any agreement or understanding, oral or otherwise, any referral fee, kickback, bribe, rebate, or thing of value to an attorney or law firm, or to an employee or independent contractor of an attorney or law firm, as compensation or inducement in connection with any services to be provided by the deposition officer. offer, pursuant to any agreement or understanding, oral or otherwise, any gift, incentive, reward, or anything of value to any person or entity associated with a proceeding being reported or transcribed. For purposes of this section, the term “person or entity” includes an attorney or family members of an attorney; an employee of an attorney or family members of the employee; a law firm in its capacity as a business or corporate entity; and any clients, witnesses, insurers, underwriters, or any agents or representatives of the law firm.
(b) This section does not make unlawful any business practice related to the reporting and transcription of testimony pursuant to subdivision (b) of Section 2025.330 that is otherwise in compliance with the law, including the provision of volume discounts, the provision of meals and refreshments at a proceeding being reported, or the provision of items that do not exceed one hundred dollars ($100) in the aggregate for any combination of items given per calendar year pursuant to Section 2475 of Title 16 of the California Code of Regulations.
(c) A person or entity that violates this section shall be liable for a civil fine not to exceed twenty five thousand dollars ($20,000) ($5,000) per violation.
(d) The Court Reporters Board of California, as described in subdivision (h) of Section 8008 of the Business and Professions Code, or the Attorney General, a district attorney, or a city attorney may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled as a prevailing party to recover reasonable attorney’s fees.

AB 701 (GALLAGHER)

Summary: Existing law requires that a hearing-impaired participant in a civil or criminal proceeding, including arbitrations, mediations, and administrative hearings, be provided with an assistive listening system or a CAT system, upon request.  As amended March 30th, this bill would change the term “hearing impaired” to “deaf or hard of hearing;” would append the language “the services of an operator of a” in front of “CAT system” and would define “CAT system” as one that provides realtime captioning or similar technology; would require that advance notice of the need for the services of this operator be given when the hearing is set or not later than five days prior to the hearing; that the hearing will not begin until the requested system is in place or the services can be performed.  It would also require that the Court Reporters Board establish standards to certify operators of CAT systems, as defined above, by January 1, 2019, and that by July 1, 2019, operators of so-defined CAT systems shall be certified pursuant to the standards so established by the CRB. The bill would also prohibit the official or pro tem reporter assigned by the court to produce the official record from being the operator of a CAT system as defined.  The operator of a CAT system shall provide the speech-to-text equipment to be used, unless otherwise provided by the court.

Support/Opposition: CCRA (sponsor); Los Angeles County Court Reporters Association; Northern CA Court Reporters Association; and Sacramento Official Court Reporters Association. No opposition on file. Status: As of 5/26, held under submission by the Assembly Appropriations Committee.




NCRA
NATIONAL COURT REPORTERS ASSOCIATION


Court Reporting & Captioning Week recognized in Washington, D.C., and across the nation

The third annual National Court Reporting & Captioning Week is in full swing and has captured the attention of lawmakers across the nation. Last week, U.S. Rep. Frank Guinta (N.H.) recognized the event, which runs Feb. 15-21, in a floor speech at the U.S. House of Representatives.

In his remarks, Rep. Guinta thanked the hundreds of court reporters and captioners within his home state of New Hampshire, as well those working in the profession across the country. Citing the scribes who were involved in the Continental Congress and the drafting of the nation’s Declaration of Independence, capturing the record has been a pillar of America’s Democracy, he said. Rep. Guinta also recognized his own parents, who have been part of the court reporting profession, as well as Michele York, RMR, who serves as an official court reporter of the U.S. House of Representatives and is a member of NCRA’s Board of Directors.

“My own parents met at court reporting school and later went on to start their own court reporting business, and 50 years later, my mother is still in the business,” Rep. Guinta said. “Court reporters are ever-present right now in this very chamber, in committee hearings, in capturing the spoken word and debate, including Michele York, formerly of New Hampshire.”

In his remarks, Rep. Guinta also noted that the court reporting and captioning profession is expected to grow over the next several years with as many as 5,000 new jobs expected.

“To the hundreds of court reporters and captioners in New Hampshire and around the country, thank you for all you do, and to the future reporters and captioners, thank you for continuing the legacy so paramount to our democracy and our country,” he added.

A number of state court reporters associations have also reported successfully working with lawmakers to recognize National Court Reporting & Captioning Week including California, Kentucky, Mississippi, Missouri, New York, Ohio, and Pennsylvania. NCRA anticipates that additional state associations will report official proclamations in their states as the week continues.

“National Court Reporting & Captioning Week is an opportunity for our profession to celebrate the valuable contribution this vocation provides to ensure vital records are captured and maintained. We are honored and send a heartfelt thanks to Rep. Guinta for recognizing this time-honored profession,” said NCRA President Sarah Nageotte, RDR, CRR, CBC, an official court reporter from Jefferson, Ohio.

Court reporters, captioners, CART providers, and court reporting schools around the country are also participating in the week-long event by hosting an array of activities such as visits to high schools to showcase the profession, open houses, Veterans History Project interviews, media outreach, and more.

NCRA has made a wide range of resources available to its members, court reporting schools, and others at both crTakeNote.com and NCRA.org. Resources include tips on presenting the benefits of the profession to potential new students, press release templates, social media-appropriate logos and banners, and ideas for hosting special activities. NCRA will also rely on its social media outlets including Facebook, Twitter, and blogs to reach thousands of people throughout the week.

Watch Rep. Guinta’s speech here.

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