Order of Adoption Wednesday, June 4, 1997

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

ORDER OF ADOPTION

Supreme Court No. 960368

Amendments to Administrative Rule 39 Regarding Recording District Court Trials and Proceedings, and Preparing Transcripts and Policy 206R.1 Regarding Fees and Expenses for Preparation of Transcripts

On March 1, 1995, a majority of this Court adopted amendments to Administrative Rule 39 regarding the recording of trial court proceedings and the preparation of transcripts. Certain amendments to Section 9 of the rule regarding fees were effective July 1, 1997. Unified Judicial System Policy 206R was then amended July 26, 1995.

On November 13, 1996, the Council of Presiding Judges petitioned this Court for amendments to Administrative Rule 39 and Unified Judicial System Policy 206R.

Notice of the hearing scheduled for January 14, 1997, was distributed and a number of comments from members of the bench and bar were filed, including a petition on behalf of the North Dakota Court Reporters Association. The Association requested the Court to reject the amendments proposed by the Council and offered four alternative options. Option 1 requested the repeal of Administrative Rule 39 and Policy 206R so as to allow court reporters to receive per page fee compensation for the preparation of transcripts under the statutory system in effect prior to their adoption. Option 2 requested the repeal of Section 9 of Administrative Rule 39 regarding fees and the repeal of Policy 206R. Option 3 proposed amendments to both Administrative Rule 39 and Policy 206R which would allow court reporters to receive fees for the preparation of certain transcripts which are not the business of the court and to require court reporters to compensate the State should the court reporter use state-owned CAT equipment in the preparation of transcripts which are not the business of the court. Option 4 proposed a "grandfather" clause to Administrative Rule 39 to allow court reporters currently employed by the judicial system to retain fees under the system which was in effect prior to the adoption of Administrative Rule 39 in 1995.

Following the January 14, 1997, hearing and initial consideration, this Court requested comments from the Council of Presiding Judges regarding Option 3 of the Court Reporters Association's proposal. At its April 3, 1997, meeting, the Council voted to recommend that the provisions of Section 9 of Administrative Rule 39, which were to go into effect on July 1, 1997, be postponed to allow completion of a job evaluation and compensation review plan.

The Court considered the matter, and

ORDERED, that Administrative Rule 39 is amended consistent with Option 3 of the Court Reporters Association's proposal, and further amended by the Court to permit other individuals employed by the judiciary to make the record to receive a transcript preparation fee, and as amended is ADOPTED.

IT IS FURTHER ORDERED, that Unified Judicial System Policy 206R is amended consistent with Option 3 of the Court Reporters Association's proposal, and further amended by the Court to permit other individuals employed by the judiciary to make the record to receive a transcript preparation fee, and as amended is APPROVED as Unified Judicial System Policy 206R.1.

IT IS FURTHER ORDERED, that Administrative Rule 39 and Unified Judicial System Policy 206R.1, as amended, are effective July 1, 1997.

Dated at Bismarck, North Dakota, this 4th day of June, 1997.

ATTEST:
Penny Miller, Clerk