Senate Bill 2734

AN ACT TO AMEND SECTIONS 9-13-11, 9-13-19 AND 9-13-118, MISSISSIPPI CODE OF 1972, TO PROVIDE VACATION TIME FOR COURT REPORTERS; TO PLACE COURT REPORTERS OF COUNTY COURT UNDER THE ADMINISTRATIVE OFFICE OF COURTS; TO PROHIBIT COURT REPORTERS WHO ARE EMPLOYEES OF THE ADMINISTRATIVE OFFICE OF COURTS FROM ENGAGING IN FREELANCE COURT REPORTING; TO PROVIDE PENALTIES FOR FREELANCE REPORTING; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 9-13-11, Mississippi Code of 1972, is amended as follows:

9-13-11. (1) The judge or chancellor may in his discretion at any time remove the court reporter from office for incompetency or neglect of duty, and may appoint a court reporter to fill the vacancy as often as such removals occur. The appointment of a successor to the court reporter shall be made, and he shall qualify in the same manner, and he shall comply with all the other requirements, as is provided in the foregoing sections of this chapter.

(2) Any court reporter who is an employee of the Administrative Office of Courts and who engages in freelance court reporting shall be removed from office.

SECTION 2. Section 9-13-19, Mississippi Code of 1972, is amended as follows:

9-13-19. (1) Court reporters for circuit and chancery courts shall be paid an annual salary payable by the Administrative Office of Courts not to exceed Forty Thousand Five Hundred Dollars ($40,500.00) for court reporters with five (5) years' experience or less; not to exceed Forty-three Thousand Five Hundred Dollars ($43,500.00) for court reporters who have more than five (5) years' experience but less than ten (10) years; and not to exceed Forty-six Thousand Dollars ($46,000.00) for court reporters who have ten (10) years or more experience. In addition, any court reporter performing the duties of a court administrator in the same judicial district in which the person is employed as a court reporter may be paid additional compensation for performing the court administrator duties. The annual amount of the additional compensation shall be set by vote of the judges and chancellors for whom the court administrator duties are performed, with consideration given to the number of hours per month devoted by the court reporter to performing the duties of a court administrator. The additional compensation shall be submitted to the Administrative Office of Courts for approval. Court reporters shall receive vacation time equivalent to personal leave for state employees and based on the same schedule for state employees in Section 25-3-93.

(2) The several counties in each respective court district shall transfer from the general funds of those county treasuries to the Administrative Office of Courts a proportionate amount to be paid toward the annual compensation of the court reporter, including any additional compensation paid for the performance of court administrator duties. The amount to be paid by each county shall be determined by the number of weeks in which court is held in each county in proportion to the total number of weeks court is held in the district. For purposes of this section, the term "compensation" means the gross salary plus all amounts paid for benefits, or otherwise, as a result of employment or as required by employment, but does not include transcript fees otherwise authorized to be paid by or through the counties. However, only salary earned for services rendered shall be reported and credited for retirement purposes. Amounts paid for transcript fees, benefits or otherwise, including reimbursement for travel expenses, shall not be reported or credited for retirement purposes.

For example, if there are thirty-eight (38) scheduled court weeks in a particular district, a county in which court is scheduled five (5) weeks out of the year would have to pay five-thirty-eighths (5/38) of the total annual compensation.

(3) The salary and any additional compensation for the performance of court administrator duties shall be paid in twelve (12) installments on the last working day of each month after it has been duly authorized by the appointing judge or chancellor and an order duly placed on the minutes of the court. Each county shall transfer to the Administrative Office of Courts one-twelfth (1/12) of the amount required to be paid pursuant to subsection (2) of this section by the twentieth day of each month for the salary that is to be paid on the last working day of the month. The Administrative Office of Courts shall pay to the court reporter the total amount of salary due for that month. Any county may pay, in the discretion of the board of supervisors, by the twentieth day of January of any year, the amount due for a full twelve (12) months. The counties with a county court reporter shall use the same procedure setout herein for transferring the court reporter's salary to the Administrative Office of Courts.

(4) (a) From and after October 1, 1996, all circuit and chancery court reporters will be employees of the Administrative Office of Courts.

(b) From and after July 1, 2014, all county court reporters will be employees of the Administrative Office of Courts.

(5) No circuit or chancery court reporter shall be entitled to any compensation for any special or extended term of court after passage of this section.

(6) No chancery * * * or, circuit or county court reporter shall practice law in the court within which he or she is the court reporter.

(7) For all travel required in the performance of official duties, the circuit or chancery court reporter shall be paid mileage by the county in which the duties were performed at the same rate as provided for state employees in Section 25-3-41. The court reporter shall file in the office of the clerk of the court which he serves a certificate of mileage expense incurred during that term and payment of such expense to the court reporter shall be paid on allowance by the judge of such court.

SECTION 3. Section 9-13-118, Mississippi Code of 1972, is amended as follows:

9-13-118. (1) Any person who: (a) undertakes or attempts to undertake the practice of court reporting for remuneration without having first procured a certificate or temporary permission under Sections 9-13-101 through 9-13-123; or (b) knowingly files false information with the board for the purpose of obtaining certification or temporary permission under Sections 9-13-101 through 9-13-123 shall be subject to a civil fine to be imposed by the board of Five Hundred Dollars ($500.00).

(2) Each day's violation shall be considered a separate infraction.

(3) A person who is not authorized to practice court reporting under Sections 9-13-101 through 9-13-123 shall not bring or maintain an action to recover fees for court reporting services that the person performed in violation of this section.

(4) Any court reporter who is an employee of the Administrative Office of Courts and who engages in freelance court reporting shall be removed from office.

(5) Any court reporter who is an employee of the Administrative Office of Courts and who engages in freelance court reporting shall be subject to a civil fine to be imposed by the board of Five Hundred Dollars ($500.00). Each day's violation shall be considered a separate infraction.

SECTION 4. This act shall take effect and be in force from and after July 1, 2014.