January 2004

A Primer for Attorneys: The Rules and Regulations Applicable to Washington Court Reporters and the Transcripts They Produce

by Susan Colard

The integrity of transcripts is of vital importance in the practice of most attorneys, yet most attorneys are unfamiliar with the rules and regulations governing certified court reporters and transcripts. This brief article will help WSBA members enforce your "rights" in relation to court reporters and the transcripts they produce.

In Washington, the Department of Licensing (DOL) is responsible for the regulation of the Court Reporting Practice Act under Chapter 18.145 RCW. A person may not represent himself or herself as a "shorthand reporter," "court reporter," "certified shorthand reporter," or "certified court reporter," or use any title or description of services that incorporates one or more of those terms, unless he or she has first obtained a certificate. RCW 18.145.010. Certification requires proof of proficiency. RCW 18.145.080.

Court reporters are governed by three different sets of statutes. RCW 2.32.180 through .310 govern court-appointed court reporters. These reporters work exclusively for superior or district courts, and are exempt from regulation by DOL under RCW 18.145.040. In contrast, court reporters who perform freelance services in addition to court services or who contract with the courts are subject to DOL's jurisdiction.

Two separate statutes govern the conduct of court reporters subject to DOL's jurisdiction. Chapter 18.145 RCW specifically governs court reporters; the newly enacted Uniform Regulation of Business and Professions Act (Chapter 18.235 RCW, 2003) governs most professions regulated by DOL, including court reporters. See RCW 235.020(2)(a)(vi).

DOL is responsible for investigating complaints against most individual court reporters and issuing disciplinary charges if the result of the investigation warrants disciplinary action.

Like attorneys, court reporters must adhere to professional conduct requirements, including prohibitions on dishonest behavior, false advertising, incompetence, and violation of any statute or rules regulating the profession. RCW 18.235.130. A court reporter also engages in unprofessional conduct by failing to meet promised delivery dates, failing to disclose conflicts, failing to preserve confidentiality of information, and failing to notify all involved parties when a transcript is ordered by a person not involved in the case before furnishing a transcript to that person. WAC 308-14-130.

Court reporters must include their certified court reporter reference number on all transcripts, business cards, and advertisements, and preserve transcribed notes for no less than three years and untranscribed notes for no less than 10 years. WAC 308-14-130. Court reporters may be sanctioned for unprofessional conduct. Possible sanctions include revocation of a certificate, probation or suspension, practice restrictions, and remedial training. RCW 18.235.110.  

The attorney or client purchasing a transcript should be aware that transcripts are typically charged on a per-page basis. The certified court reporter must comply with the following format when preparing the transcript:

1. No fewer than 25 typed lines on a standard 8-1/2 x 11-inch paper.
2. No fewer than 10 characters to the typed inch.
3. No fewer than 60 characters per standard line.
WAC 308-14-135.

The 25 typed lines include only the transcript contents, not headers or footers. The "standard line" described by part (3) above is a line that does not include a "Q" or "A," but can be determined by looking at a full line of text and counting from the first letter, including punctuation and spaces, to the last letter of that line. The standard line does not include the numbers on the left side of the page. All court reporters under DOL's jurisdiction are required to comply with these transcript guidelines. Purchasing a transcript that does not meet the minimum character-per-line, font, or line-per-page requirements could result in the purchaser's paying more for a transcript.

Unlicensed practice is a problem with all professions regulated by DOL, and the court-reporting profession is no different. Until 2003, DOL had no authority to bring actions against unlicensed court reporters. Since the January 1, 2003, effective date of the Uniform Regulation of Business and Professions Act, however, DOL has had the authority to issue cease-and-desist orders against unlicensed practitioners. DOL can also assess a fine of up to $1,000 for each day of unlicensed practice. See RCW 18.235.150. In addition to complaints against licensed practitioners, DOL accepts and investigates complaints into unlicensed practice. If attorneys or clients have a question about whether a particular court reporter is licensed, they can verify the reporter's status online at https://wws2.wa.gov/dol/profquery/LicenseeSearch.asp, or by calling 360-664-6633.

Modern technology and evolving industry practices are having an impact on transcript production. For example, many court reporters now work as subcontractors for firms that arrange for the jobs and produce the final standard transcript, as well as other versions of the transcript, including "mini-transcripts" and electronic transcripts. Court reporters working in these arrangements may have less control over the final product but are still responsible for the transcripts they certify.

DOL strives to provide the best possible service to members of the regulated community and to consumers affected by industry practices. To that end, DOL has formed a workgroup for the purpose of reviewing DOL's rules. One of the rules being considered for change is WAC 308-14-135, related to the preparation and formatting of transcripts. Although the workgroup has not formulated a final recommendation regarding this or any other rule, the goal of DOL is to provide strong protections for consumers, along with standards that are easy for court reporters to understand. Since any changes to the rules will have a direct impact on consumers of court-reporting services, DOL is interested in receiving any early input you may have into this process. Written comments may be directed to me at P.O. Box 9026, Olympia, WA 98507. DOL will publish notice of its proposed rules, at which point members of the public will be able to actively participate in the process by providing testimony at public hearings or submitting written comments that will become part of the agency's rulemaking file. However, if we receive input from consumers or the industry before we reach this formal "notice and comment" stage, we will be in the best position to draft the proposed rules. If you have questions about this process, or about court reporting in general, please contact the Court Reporters Program at 360-664-6633.
  
Susan Colard is program manager at the Department of Licensing's Court Reporter Section in Olympia.

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