One of our district courts lacks an official court reporter. The judge (Hon. Bonnie Rangel) is reputed to be difficult to work for. At any rate, she can't seem to find an offical court reporter. For now, the judge is using both electronic recording and the "floating" stenographic reporter that is available as a subistitute court reporter in our county (El Paso).

TRAP 13.1 & 13.2 set forth the duties of the "official" court reporter. These duties include making a full record of the proceedings. 13.2 also requires that a log be kept if a an official recorder is used instead of a stenographic reporter.

But, since this court lacks either an official reporter or official recorder, the required logs aren't being kept for the recordings. I'm afraid we're going to have to deal with lost record claims, probably as soon as the defense bar figures out that there is a problem.

Section 52.041 of the Government Code says that the judge "shall" appoint an official court reporter. 52.041 is mandatory, but how could it be enforced if no court reporter is willing to be appointed?

Has anyone dealt with this issue before? Any ideas?

In an appeal out of the 39th District it was argued that the person appointed as the official reporter was not qualified because he is not certified as a shorthand reporter by the Supreme Court. Despite 52.021(a), Mr. McKnight's record was upheld under 52.031(a) (seems no certified reporter has sought the position in Haskell either). McCoy v. State, No. 11-99-49-CR (10/12/00)(unpublished). But it appears the judge should not allow a vacancy to continue. See Op.Atty.Gen. O-5070 (1943). Actually though, whoever agrees to work for any period of time should probably be considered to have been appointed to serve "at the pleasure of the court". The whole issue seems to revolve around the compensation of the reporter and fees they can charge more than whether there has been compliance with 52.041.

[This message was edited by Martin Peterson on 04-22-03 at .]