Montana Code 3-5-601. Court reporters — appointment — oath — employment status
3-5-601. Court reporters — appointment — oath — employment status. (1) The judge of a district court may appoint a reporter for the court who is an officer of the court. The court reporter shall take the constitutional oath of office and file it with the clerk of court. In districts where there are two or more judges, each judge may appoint a reporter. The judge shall direct the performance of the court reporter’s duties.
Terms Used In Montana Code 3-5-601
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Contract: A legal written agreement that becomes binding when signed.
- Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
- Oath: A promise to tell the truth.
- Oath: includes an affirmation or declaration. See Montana Code 1-1-201
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(2)Court reporter services may be provided by a court reporter appointed:
(a)as a state employee foregoing transcription fees;
(b)as a state employee retaining transcription fees; or
(c)as an independent contractor.
(3)A court reporter appointed under subsection (2)(a) or (2)(b) is subject to classification and compensation as determined by the judicial branch personnel plan adopted under 3-1-130 and must receive state employee benefits and expenses as provided in Title 2, chapter 18.
(4)(a) If a court reporter is appointed under subsection (2)(a), the state shall provide all equipment and supplies for the reporter’s use. Any transcription fees paid for the reporter’s transcription services must be forwarded to the department of revenue for deposit in the state general fund.
(b)If a court reporter is appointed under subsection (2)(b), the state shall provide equipment and supplies for the reporter’s use, except that the reporter shall provide and maintain all equipment and supplies for performance of transcription duties unless equipment is shared as provided in subsection (5). A reporter may not receive overtime for time spent on preparation of transcripts for which the reporter retains fees. The reporter shall retain all transcription fees paid for the reporter’s transcription services.
(c)A court reporter appointed under subsection (2)(c) shall contract with the judicial branch as an independent contractor. The reporter shall provide and maintain the reporter’s necessary equipment and supplies, retain all transcription fees paid for the reporter’s transcript preparation services, and maintain professional liability insurance and workers’ compensation coverage unless an exemption from workers’ compensation coverage has been obtained pursuant to 39-71-401.
(5)A court reporter may use state-owned equipment under policies adopted by the district court council under 3-1-1602 to avoid duplication of equipment costs. Use of shared equipment under this subsection is not a violation of 2-2-121(2)(a).