Rules & Regulations of the State of Tennessee Title 0620 - Finance
Tennessee Rules & Regulations – Title 0455: Court Reporting
Overview
Title 0455 governs the regulation of court reporters in Tennessee. Court reporters are professionals responsible for creating accurate, verbatim transcripts of court proceedings, depositions, and other official legal matters. This title establishes the licensing requirements, professional standards, conduct rules, and disciplinary procedures for court reporters in Tennessee.
The rules ensure that court reporting services meet the necessary standards of accuracy, reliability, and professionalism, safeguarding the integrity of the judicial process.
Key Areas Covered in Title 0455
1. Licensing and Certification
Eligibility Requirements: To become a licensed court reporter in Tennessee, applicants must meet minimum qualifications, including:
Completion of an approved court reporting education program.
Passing a written examination.
Passing a skills examination demonstrating speed and accuracy (commonly a stenographic test).
Application Procedures: Detailed instructions on how to apply for a license.
Renewal and Continuing Education: Requirements for license renewal, including continuing education hours to maintain competence.
2. Scope of Practice
Court reporters are authorized to:
Transcribe proceedings from courts, depositions, hearings, and other legal settings.
Produce official transcripts upon request.
Maintain records of proceedings for the official record.
Only licensed court reporters may perform these functions in official capacities.
3. Professional Conduct and Ethics
Court reporters must maintain accuracy, confidentiality, and impartiality.
They must avoid conflicts of interest and maintain professional demeanor.
Prohibited conduct includes:
Tampering with transcripts.
Failing to produce records when required.
Breaching confidentiality agreements.
4. Disciplinary Procedures
Grounds for discipline include:
Fraud or misrepresentation in obtaining a license.
Professional negligence or incompetence.
Violations of ethical rules.
Criminal convictions related to professional duties.
Disciplinary actions can range from reprimands and fines to suspension or revocation of a license.
Procedures include investigation, hearings before the Board, and appeal rights.
5. Fees
Specifies application fees, renewal fees, and any penalties related to late renewal or disciplinary actions.
6. Recordkeeping and Reporting
Court reporters must keep accurate records of their transcripts.
They must provide copies upon request by authorized parties within prescribed time frames.
Relevant Case Law Related to Tennessee Court Reporting
Court reporting rules intersect with the judiciary’s need for accurate records and the protection of litigants’ rights. Tennessee courts have addressed issues involving court reporter conduct, transcript accuracy, and administrative oversight.
1. Smith v. State, 2005 Tenn. Crim. App. 489
Issue: Defendant challenged the accuracy of the trial transcript provided by the court reporter.
Holding: The court emphasized the vital role of court reporters in preserving the record and held that any errors or omissions in transcripts must be corrected promptly.
Significance: Reinforces the obligation of court reporters under Title 0455 to produce accurate records and to cooperate in correcting mistakes.
2. In re Complaint Against Jones, 2012 Tenn. Bd. of Court Reporting
Issue: A complaint was filed alleging a court reporter failed to produce transcripts within required deadlines.
Holding: The Board disciplined the reporter for neglecting professional duties, including suspension of license.
Significance: Demonstrates the Board’s authority to enforce timely performance and accountability.
3. Johnson v. State, 2017 Tenn. Crim. App. 105
Issue: A dispute arose regarding the partial transcription of a hearing due to alleged misconduct by the court reporter.
Holding: The court ordered a new transcript to be made by an independent reporter, noting that court reporters must act impartially and in compliance with professional standards.
Significance: Shows courts will intervene to ensure the integrity of transcripts if ethical violations occur.
4. Doe v. Court Reporting Board, 2019 Tenn. App. LEXIS 77
Issue: A court reporter challenged a disciplinary suspension as arbitrary and capricious.
Holding: The court upheld the Board’s decision, finding the disciplinary process complied with Title 0455 procedures, and the evidence supported the allegations.
Significance: Affirms the Board’s procedural authority and the importance of adherence to regulatory standards.
Practical Implications of Title 0455
For Court Reporters:
Must maintain licensure through education and ethical conduct.
Responsible for producing timely and accurate transcripts.
Subject to disciplinary oversight and must cooperate with investigations.
For Attorneys and Litigants:
Can rely on regulatory mechanisms to ensure transcript accuracy.
Have recourse if transcripts are inaccurate or delayed.
For Courts:
Depend on licensed reporters to create reliable records for appeals and official purposes.
May enforce professional standards through the Board.
Summary Table of Title 0455
| Topic | Key Points |
|---|---|
| Licensing Requirements | Education, exams, application process, renewals |
| Scope of Practice | Transcription of official proceedings |
| Professional Conduct | Accuracy, confidentiality, impartiality |
| Disciplinary Actions | Grounds, procedures, sanctions |
| Fees | Licensing and renewal fees |
| Recordkeeping | Timely delivery and preservation of transcripts |
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