TO COPY WHAT IS RIGHT AND TRUE OR THE LIABILITY OF THE OFFICIAL COURT REPORTER WHO DOES NOT

• NCJ Number: 34570
• Journal: Kentucky Law Journal Volume: 62 Issue: 4 Dated: (1973-74) Pages: 964-995
• Author(s): A TAYLOR
• Date Published: 1973
• Length: 32 pages
• Corporate Author: University of Kentucky
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE EXAMINES THE LIABILITY OF KENTUCKY COURT REPORTERS IN CONNECTION WITH FAILURE TO PREPARE TRANSCRIPTS IN TIME FOR APPEAL AND/OR PREJUDICIAL ERROR IN THE ACTUAL TRANSCRIPT PREPARATION.

Abstract

CONSIDERED FIRST ARE THE FUNCTIONS OF THE COURT REPORTER, THE POSITION HE OCCUPIES IN THE JUDICIAL STRUCTURE, HIS FEDERAL AND STATE STATUTORY RESPONSIBILITIES TO LITIGANTS, THE VARIETIES OF REPORTER FAILURE, AND THE TYPES OF REMEDIAL ACTION AVAILABLE IN THE COURTS. THIS LAST TOPIC OF DISCUSSION COVERS ACTION AGAINST THE REPORTER, ACTIONS TO SUPPLY A RECORD, AND THE GRANTING OF A NEW TRIAL. ALSO ANALYZED IS THE PROBLEM OF WHETHER INJURED PARTIES CAN ACTUALLY OBTAIN RELIEF FROM THE REPORTER. THE SIGNIFICANT CONSIDERATIONS REVIEWED IN THIS CONTEXT ARE WHETHER THE REPORTER IS IN FACT IMMUNE FROM LIABILITY, WHETHER THE ACT OF THE REPORTER WAS THE PROXIMATE CAUSE OF THE INJURY, WHETHER DAMAGES CAN BE CALCULATED WITH LEGALLY SUFFICIENT PRECISION, AND WHETHER EXTERNAL FACTORS SUCH AS THE CONTRIBUTORY NEGLIGENCE OF THE ATTORNEY COULD AFFECT THE REPORTER'S ULTIMATE LIABILITY. PERTINENT FEDERAL AND STATE COURT DECISIONS IN THESE AREAS ARE DISCUSSED. THE FEDERAL COURTS ARE SHOWN TO BE FIRMLY COMMITTED TO THE PRINCIPLE THAT AN OFFICIAL COURT REPORTER IN THE DISCHARGE OF HIS OFFICIAL RESPONSIBILITIES IS PROTECTED BY JUDICIAL IMMUNITY. THE MAJORITY RULE IN STATE CASES, HOWEVER, HAS BEEN THAT A COURT REPORTER IS MERELY AN EMPLOYEE, NOT AN OFFICER, OF THE STATE AND WITH NO DEFENSE OF SOVEREIGN IMMUNITY. THE AUTHOR RECOMMENDS THAT KENTUCKY ENACT LEGISLATION PROVIDING CRIMINAL PENALTIES FOR COURT REPORTER FAILURE TO PERFORM HIS DUTIES AND REQUIRING REPORTERS TO POST A BOND TO PROTECT INNOCENT PARTIES FROM THIS FAILURE. APPENDED ARE A RESOLUTION OF THE JUDICIAL CONFERENCE OF THE UNITED STATES ON STANDARDS OF QUALIFICATIONS FOR OFFICIAL COURT REPORTERS AND AN OUTLINE OF THE QUALIFICATIONS AND COMPENSATION PLAN FOR OFFICIAL COURT REPORTERS, UNITED STATES DISTRICT COURTS.