Md. Admin. Order of 2021-09-10 (Setting Minimum Requirements for Court Reporting and ...)

IN THE COURT OF APPEALS OF MARYLAND

ADMINISTRATIVE ORDER

SETTING MINIMUM REQUIREMENTS

FOR COURT REPORTING AND TRANSCRIPTION

IN MARYLAND COURTS

WHEREAS, in 2003, the Ad Hoc Court Reporters Committee recommended

the need for minimum standards for court reporting in Maryland Courts; and

WHEREAS, Maryland Rule 16-505 grants to the Chief Judge of the Court of

Appeals broad authority with respect to regulations and standards relating to court

reporting and transcription; and

WHEREAS, Maryland Rule 16-502(e) makes any regulations and standards

adopted by the Chief Judge of the Court of Appeals pursuant to Maryland Rule 16-505

also applicable to the District Court of Maryland; and

WHEREAS, by Administrative Order on February 16, 2005, the Chief Judge of

the Court of Appeals established a Court Reporting Committee to implement the

recommendations of the Ad Hoc Court Reporters Committee; and

WHEREAS, in 2014, the Chief Judge of the Court of Appeals transferred the

functions of the Court Reporting Committee to reside within the newly created Court

Operations Committee; and

WHEREAS, the Court Operations Committee created a working group (the

“Working Group”) to fulfill the functions of the former Court Reporting Committee;

and

WHEREAS, the Working Group and the Court Operations Committee have

recommended that th e extant Administrative Order be rescinded, and a new order

promulgated,

NOW, THEREFORE, I, Mary Ellen Barbera, Chief Judge of the Court of

Appeals and administrative head of the Judicial Branch, pursuant to the authority

conferred by Article IV, § 18 of the Maryland Constitution and Maryland Rule 16-505,

do hereby order this 9th day of September 2021, that, effective immediately,

(a) Definitions

As used in this Order, the following terms will be defined as follows:

(1) Court Reporting

i. The act of making the official verbatim record – that is one that

reflects accurately what was spoken by any participant during any

on-the-record proceeding in, or for use in, any Maryland court –

whether by an audiographer, reporter, videographer, or other

individual, through the use of an electronic device, stenographic

machine or equipment, written symbols, or otherwise; and

ii. May include the making of a verbatim transcript by a transcriber or

other individual who certifies the transcript.

(2) Court Reporter

i. An individual employed, contracted, or utilized by a court to record

testimony whether through use of a steno graphic machine or

equipment, written symbols, or otherwise; and

ii. Who may also serve as the transcriber as defined in subsection

(a)(4).

(3) Notes

i. A verbatim record of a proceeding made whether through use of an

electronic device, steno graphic equipment or machine, written

symbols, or otherwise; and

ii. The dictionary, media storage files, audio or video files, and other

documentation needed to prepare a transcript.

(4) Transcriber

An individual who prepares a transcript of a proceeding from an

audiotape, digital recording, videotape, or other means, and who

certifies the transcript.

(5) Transcript

The verbatim record of an oral proceeding that is prepared and certified

by a transcriber and serves as the official record of that proceeding.

(6) Transcription Services

A vendor, employee, or contractor who transcribes the verbatim

record of court or on-the-record chambers proceedings, or portions

thereof, from audio or video files.

(b) Scope

(1) Providers of Court Reporting or Transcription Services. Except as

otherwise provided, this Order shall apply to all vendors, contractors, and

employees providing court reporting or transcription services to a

Maryland court.

(2) Unofficial Transcribers. With the approval of the Circuit Court or District

Court administrative judge, or designee, a party may retain, at the party’s

own expense, a reporter to preserve an unofficial record, or provide the

party with an unofficial transcript of all, or part of, a proceeding.

(3) CART Services. As an accommodation under the Americans With

Disabilities Act, a communication access real-time translation (CART)

provider is permitted to transcribe proceedings for a person with a

hearing disability.

(c) Personnel Requirements.

(1) A Maryland court, subject to the approval of its administrative judge,

may use vendors, contractors, or employees for court reporting or

transcription services so long as the vendor, contractor, or employee

meets the qualifications set forth in this Order. A court may obtain these

services directly from qualified individuals, vendors, or contractors who

provide qualified court reporters or transcriptionists.

(2) Individuals, vendors, or contractors providing transcription services

must meet or exceed industry quality standards, maintain certification

records for reporters or transcriptionists, and provide proof of

certification on demand.

(3) Prior to commencing work as an employee or contractor, a court reporter

or transcriptionist responsible for making the record shall provide proof

of certification as a court reporter by a national or state certifying body,

a copy of which shall be maintained by the Court Administrator.

Thereafter, the court reporter must maintain his or her certification and

submit proof of such certification annually. Although certification is

preferred, an employee or contractor may, subject to the approval of the

Court Administrator, substitute two years of relevant court reporting

experience in lieu of certification.

(4) The requirement for certification shall not apply to any employee or

contracted employee already employed and in good standing as of the

effective date of this administrative order.

(5) As co urt reporters are Judicial Branch employees subject to the state

ethics laws, all court reporters whose positions are classified as exempt

under the Fair Labor Standards Act and who are compensated at a salary

grade with a base equivalent to at least the State of Maryland Salary

Schedule Grade Profi le STD0016 employees shall file a Financial

Disclosure Statement with the State Ethics Commission each year as

required.

(d) Court Reporting Manual.

(1) Providers of court reporting and transcription services shall comply with

the requirements of the Court Reporting Manual published by the

Maryland Judiciary, as amended from time to-time.

(2) To the extent that any provision of the Court Reporting Manual conflicts

with this Order, the Maryland Rules or other law, the requirements of

this Order, the Maryland Rules, or other law shall control.

(e) Notes.

(1) Ownership. Notes, including the dictionary, compiled by a provider of

court reporting services to a court are the property of the Maryland

Judicial Branch.

(2) Filing, Storage, and Disposal. Providers of court reporting services

shall file, store, and dispose of notes in accordance with the Judiciary

Records Retention and Disposal Schedule.

(f) Transcripts

(1) Preparation.

i. Subject to subsections (ii) and (iii) below, a court reporter or

transcriptionist shall begin work on a transcript after receiving a written

request and any deposit, if requested, and shall deliver the completed

transcript to the Clerk or Register of Wills within the timeframe

determined by contract, policy, or agreement.

ii. A court reporter or transcriptionist may request a deposit not to exceed

twenty-five percent (25%) or consistent with the terms of any

transcription contract prior to preparing a transcript and need not

provide a copy to the ordering party prior to full payment for the

transcript.

iii. The administrative judge for each circuit court shall develop protocols,

in conjunction with the court administrator or clerk, for prioritizing the

work of the court reporters in each circuit court, but transcripts

requested for appeals should be given the highest priority.

iv. The Chief Judge of the District Court shall develop protocols for

prioritizing the work of the court reporters for the District Court.

(2) Charges. The maximum page rate cost for producing transcripts shall be

as set forth in a separate Administrative Order, which may be amended

from time to time.

(g) The Administrative Order on Setting Minimum Requirements for Court

Reporting and Transcription in Maryland Courts, filed February 16, 2005,

shall be and hereby is rescinded, effective immediately.

/s/ Mary Ellen Barbera

Mary Ellen Barbera

Chief Judge

Court of Appeals of Maryland

Filed: September 10, 2021

Pursuant to Maryland Uniform Electronic Legal

Materials Act

(§§ 10-1601 et seq. of the State Government Article) this document is authentic.

/s/ Suzanne C. Johnson 2021-09-10 09:17-04:00

Suzanne C. Johnson

Clerk

Court of Appeals of Maryland Suzanne C. Johnson, Clerk