Rule 5-202. Official court transcribers.

Intent:

To establish the criteria and procedure for certification of official court transcribers.

Applicability:

This rule shall apply to official court transcribers.

Statement of the Rule:

(1) Definitions. An "official court transcriber" is a person authorized under this rule to transcribe into typewritten form the audio and video recordings of court proceedings for purposes of appeal or other court purposes.

(2) Qualifications. In order to serve as an official court transcriber, an individual must meet the criteria and fulfill the responsibilities stated below, and must be approved by the appellate court administrator.

(2)(A) An official court transcriber shall be licensed in Utah as a certified court reporter or work under the direction of one who is.

(2)(B) An official court transcriber shall:

(2)(B)(i) have experience or training satisfactory to the appellate court administrator in transcription of audio and video records;

(2)(B)(ii) have equipment and support staff sufficient to provide the transcript in an accurate and timely manner;

(2)(B)(iii) have no conflict of interest in the matters transcribed;

(2)(B)(iv) comply with statutes and rules regulating transcripts; and

(2)(B)(v) attend training required by the appellate court administrator.

(2)(C) Persons desiring to be certified as official court transcribers shall apply to the appellate court administrator.

(2)(D) The court transcriber will not retain or disclose to any other person the court’s audio file or video file or the transcript of the proceeding. The court transcriber will not communicate with any person other than court personnel or a court transcriber about the court hearing or proceeding.

(3) Preparation of transcript. If an official court transcriber encounters a portion of the audio or video recording which is inaudible or incomplete, the official court transcriber shall report that fact to the appellate court administrator and set forth the court, the date and time of the proceeding, and the perceived problem with the recording.

(4) List of official court transcribers. The appellate court administrator shall publish a list of official court transcribers.

(5) Complaints and sanctions. The appellate court administrator may investigate any complaints made concerning the performance of an official court transcriber, and may, for good cause, rescind the certification of any official court transcriber. Failure to prepare and file an assigned transcript in accordance with the time and notification standards established by the rules of the appellate courts constitutes good cause for rescission of an official court transcriber's approval.