A Review of the Licensing of Court Reporters in Mississippi
Executive Summary
Court reporters are charged with the important role of keeping an official record of the legal proceedings of this country. Through various means (shorthand, audio recording, stenomask [a typewriter style machine used by reporters], and computer) court reporters record the words of those involved in legal proceedings and then attempt to create a verbatim written transcript of those words. Since 1994, the Mississippi Board of Certified Court Reporters has had the authority and responsibility to protect the interest of the state in testing and licensing court reporters to assure that they meet a minimum level of competency.
Court reporters practice either as an official reporter appointed by a state court judge or as a free-lance reporter. State statute requires that official reporters hold a current license. The board grants two types of permanent court reporter licenses and two types of temporary licenses. The board grants permanent licensure for applicants certified without examination (grandfathered) and certified by examination (tested). The board grants temporary licensure to non-resident applicants who must reapply annually and those who have yet to pass the licensure examination.
Although the Board of Certified Court Reporters administers a valid examination to test the competence of new court reporter applicants, those tested make up only a small portion (2.6 percent) of the 466 who have applied for licensure to practice in Mississippi. The majority of Mississippi's court reporters (80 percent) received grandfathered licensure status because they were official court reporters, engaged in free-lance practice, or enrolled in a court reporter education program when the licensure law became effective.
Although the board has granted most licenses in compliance with statutory and regulatory requirements, it granted licenses to twelve applicants (nine permanent and three temporary) who either did not meet criteria established in statute or whose files lacked sufficient supporting documentation of eligibility as required by board regulations. The board also denied a license to one non-resident applicant who met the legal criteria.
Although the board has granted 98 percent of licenses in accordance with law, its ability to assure competence in the profession is greatly compromised by the large number of grandfathered applicants who were licensed without examination. Also, state law allows temporary permit holders to practice for nearly two years without passing the examination. During this time they could possibly perform at substandard levels.
The board's efforts to assure competency are further compromised because the criteria for licensure of non-resident applicants are not consistent with those for resident court reporters due to a lack of standards to evaluate the credentials of non-resident court reporters who seek licensure in Mississippi.
The board also employs ineffective methods of monitoring court reporters. Its failure to monitor court reporters' continuing education credits, keep an accurate roll of qualified licensees in good standing, and employ measures to detect unlicensed practice contributes to a lax system of professional regulation.
Recommendations
The Legislature should amend CODE Section 9-13-117 to include a provision making it illegal to practice court reporting in Mississippi without a current license and include a civil fine for this offense of $100 per day payable per reporter or firm (employing the reporter).
The Legislature should amend CODE Section 9-13-121 (3) to reduce the length of temporary permission to practice court reporting in Mississippi. This period of temporary permission should be shortened to allow a reporter to practice up to six months--until the reporter has had the opportunity to take the RPR once. If the temporary reporter does not pass the RPR exam at the end of that six-month period, the board should revoke temporary permission and the reporter should not be allowed to practice until he or she passes the RPR.
In the case of temporary reporters failing to pass the RPR exam for the third and final time, the board should notify the reporter and also the judge and the Administrative Office of the Courts (if an official reporter) or the firm (if a free-lance reporter and working for a firm). Also, the board should begin publishing a list of new court reporters and those who had their license suspended, revoked or not renewed in the "The Mississippi Lawyer," a journal of record published by the Mississippi State Bar, as well as the names of those who failed to meet renewal requirements.
In order to protect against the appearance of a conflict of interest, the board should prohibit the Department Head of the University of Mississippi Court Reporting Program from acting as a test proctor and grader on the RPR examination.
The board should implement the planned changes to the continuing education system (moving the system to a computer database and mailing annual statements of CE hours to all reporters) while ensuring that any reporter not meeting the thirty-hour requirement be dealt with as required by the law and board regulations.
The board should ensure that future license applications are handled in compliance with the criteria for licensure contained in the CODE and board regulations. The board should also review the cases PEER discovered of reporters being licensed without meeting these criteria and determine if any action (i.e., requiring re-application documentation from the reporters or suspension of licenses) is warranted.
The board should also review the exams used by other states, determine which exams are "equivalent to the RPR" as stated in the regulations, and prepare a list of those exams which are equivalent and those which do not meet the same standard as the RPR.
The board should enter into an agreement with the National Court Reporters Association (NCRA) to provide for direct reporting of RPR examination scores to the board, as well as a list of test candidates sitting for the Mississippi examination.