(A)Jurisdiction.(1) The Board of Certified Court Reporters has jurisdiction of matters pertaining to discipline of certified court reporters, those reporters granted temporary permission as noncertified or nonresident court reporters, those holding themselves out in the State of Mississippi to be court reporters, and anyone engaged in the unauthorized practice of court reporting within the State of Mississippi. Hereafter, such proceedings shall be conducted in accordance with these rules.(2) Nothing contained in these rules shall be construed to deny to any court such powers as may be necessary for that court to maintain control over its proceedings.(3) The Supreme Court may, for default in the professional obligations of any court reporter or court reporter pro tempore, if such default threatens and adversely affects the efficiency of the judicial system, enter an order referring an apparent offender to the Board of Certified Court Reporters for the State of Mississippi for a disciplinary hearing as provided in these rules.(B)Initiation and Filing of Complaints.(1) Any matter touching on the misconduct of a court reporter certified or granted temporary permission by the Mississippi Board of Certified Court Reporters, those holding themselves out in the State of Mississippi to be court reporters, or anyone engaged in the unauthorized practice of court reporting within the State of Mississippi shall be called to the attention of the Board verbally or in writing. All court reporters, courts and their officers shall have the affirmative duty to notify the Board in writing of unprofessional or unethical conduct by a court reporter and any action taken by the court.(2) The Board shall act based only upon a written complaint filed with the Board. A written complaint shall be filed on the complaint form provided by the Board. A written complaint shall contain the name, mailing address, and phone number of the complainant, the name and address of the accused court reporter, a statement of the facts of the complaint, a list of witnesses, with addresses and phone numbers if known, and copies of any statements by the witnesses and documents in support of the statement of facts of the complaint.(3) No complaint shall be considered by the Board unless received, discovered or otherwise brought to the attention of the Board within three (3) years after the date of discovery of the facts upon which the complaint is based.(4) If the written complaint, upon receipt, is found to be deficient, it shall be returned to the complainant with a statement of the deficiency and an opportunity to cure same. If the deficiency has not been cured within forty-five (45) days of the date upon which the same was returned to the complaining person, the complaint is subject to dismissal as provided in section "C" below.(C)Investigation and Hearing.(1) Upon receipt of a written complaint, if it appears on its face that the complaint is deficient or without merit, the Board may retire same to the file.(2) Upon receipt of a written complaint, if it appears on its face that the complaint may have merit, the Board may conduct an investigation, either with or without notice to the accused court reporter, as in the Board's discretion appears appropriate.(3) Results of any investigation into a written complaint shall be brought to the attention of the Board within sixty (60) days from the date the investigation was authorized by the Board.(4) If after investigation and receipt of the report the Board determines that the matter may have merit such that a hearing is advisable, the Board shall provide the accused with a copy of the written complaint and simultaneously set a date for hearing and notify the accused reporter of the date of the hearing. Notification under this section shall be by registered, certified mail. The notice shall state the cause of any contemplated disciplinary action and the time and place of the hearing. The accused shall have fifteen (15) days from the date of notice in which to file a written response with the Board.(5) The Chair of the Board may enlarge the time for completion of an investigation or, for good cause shown, the time for the accused to file a written response.(6) The Board shall conduct any investigation or disciplinary hearing fairly and impartially and shall seek to elicit any and all facts which might be exculpatory or incriminatory of the accused. The Chairman, the Chair's designee, or the Board member serving as a Supreme Court Justice or trial court judge shall preside at the hearing.(7) The accused shall appear at the hearing either with or without counsel. The accused reporter and/or counsel shall have the opportunity to present witnesses and evidence on behalf of the accused court reporter and also the opportunity to examine or cross-examine all witnesses.(8) The Board may assess costs incurred in the investigation or hearing of any disciplinary matter as justice may require. Such costs and expenses shall include actual and necessary expenses. An accused court reporter exonerated of the charges may recover from the Board any sums assessed by and actually paid to the Board. The accused court reporter shall recover no other costs or expenses.(D)Grounds for Disciplinary Action. The following shall be considered by the Board as grounds for disciplinary action against an accused court reporter: (3) Willful or negligent violation or failure of duty;(4) Incompetence in the performance of duties authorized by the certificate or temporary permission;(5) Fraud or misrepresentation in obtaining certification or temporary permission;(6) A conviction of a felony;(7) A conviction of a criminal offense, either felony or misdemeanor, involving moral turpitude that indicates a clear and rational likelihood that the reporter will not properly discharge the responsibilities of a certified court reporter or of a court reporter granted temporary permission;(8) Engaging in the practice of court reporting without certification or temporary permission issued by the State of Mississippi;(9) Engaging in the practice of court reporting while certification or temporary permission is suspended;(10) Engaging in the practice of court reporting by a method for which said court reporter has not been certified or granted temporary permission by the Board to use.(11) Adjudication of insanity or incompetency;(12) Violation of any rule or order promulgated by the Supreme Court governing the obligations or duties of court reporters;(13) Unprofessional conduct; or(14) Other sufficient cause.(E)Disciplinary Action.(1) At the conclusion of a hearing, the Board, upon majority vote, shall render a written opinion incorporating findings of fact and conclusions of law.(2) The discipline may provide for one or more of the following:(a) Exonerate the accused court reporter and dismiss the complaint; (B) Publicly or privately reprimand the accused court reporter. Public reprimand shall result in the court reporter appearing before the Circuit Court of the court reporter's county of residence on the first day of a term convening next after the date the reprimand becomes final or on some other similar day when a maximum number of the Bar and public are present. When a reprimand becomes public, a copy shall be given to the person filing the complaint, the Chief Justice of the Mississippi Supreme Court, and to the judges of the circuit and chancery districts in the counties where the court reporter works, and shall be published in one or more of the following publications or websites administered by any of the following: the Mississippi Bar, the Mississippi Board of Certified Court Reporters, the Mississippi Court Reporters Association. If said court reporter was granted temporary permission as a Nonresident Court Reporter, a copy of said reprimand shall be forwarded to his/her home state of original certification and/or licensure for appropriate action to be taken therewith according to that state's governing rules and regulations. If said court reporter is a member of the National Court Reporters Association (NCRA) and/or the National Verbatim Reporters Association (NVRA), a copy of said reprimand shall be forwarded to said association(s) for appropriate action to be taken therewith according to that association's governing bylaws, rules, and regulations. A final public reprimand shall be read by the senior judge or the senior judge's designee at the time herein indicated and placed on the minutes of the Court;(C) Suspend the accused court reporter with or without probation for a fixed period of time and specify conditions precedent to reinstatement. Orders of suspension shall immediately become matters of public record and shall be placed upon the minutes of the circuit and chancery courts in the court reporter's county of residence and in the counties where the reporter works. A copy of the Order of suspension shall be given to the person filing the complaint, the Chief Justice of the Mississippi Supreme Court, and to the judges of the circuit and chancery districts in the counties where the court reporter works, and shall be published in one or more of the following publications or websites administered by any of the following: the Mississippi Bar, the Mississippi Board of Certified Court Reporters, and the Mississippi Court Reporters Association. If said court reporter was granted temporary permission as a Nonresident Court Reporter, a copy of said Order of suspension shall be forwarded to his/her home state of original certification and/or licensure for appropriate action to be taken therewith according to that state's governing rules and regulations. If said court reporter is a member of the National Court Reporters Association (NCRA) and/or the National Verbatim Reporters Association (NVRA), a copy of said Order of suspension shall be forwarded to said association(s) for appropriate action to be taken therewith according to that association's governing bylaws, rules, and regulations. A court reporter who is suspended may not continue to work in the State of Mississippi until all conditions precedent have been met and the Board approves reinstatement;(D) Revoke the certification or temporary permission of the court reporter. A copy of the Order of revocation shall be given to the person filing the complaint, the Chief Justice of the Mississippi Supreme Court, and to the judges of the circuit and chancery districts in the counties where the court reporter works, and shall be published in one or more of the following publications or websites administered by any of the following: the Mississippi Bar, the Mississippi Board of Certified Court Reporters, and the Mississippi Court Reporters Association. If said court reporter was granted temporary permission as a Nonresident Court Reporter, a copy of said Order of revocation shall be forwarded to his/her home state of original certification and/or licensure for appropriate action to be taken therewith according to that state's governing rules and regulations. If said court reporter is a member of the National Court Reporters Association (NCRA) and/or the National Verbatim Reporters Association (NVRA), a copy of said Order of revocation shall be forwarded to said association(s) for appropriate action to be taken therewith according to that association's governing bylaws, rules, and regulations.(E) Impose a civil fine of five hundred dollars ($500.00) upon any person who undertakes or attempts to undertake the practice of court reporting for remuneration without having first procured a certificate or temporary permission under Sections 9-13-101 through 9-13-123; or who knowingly files false information with the Board for the purpose of obtaining certification or temporary permission under Sections 9-13-101 through 9-13-123. Each day's violation shall be considered a separate infraction. A person who is not authorized to practice court reporting under Sections 9-13-101 through 9-13-123 shall not bring or maintain an action to recover fees for court reporting services that the person performed in violation of Section 9-13-118.(3) If the Board finds an ethical violation or instance of misconduct which does not warrant disciplinary action but should not be dismissed as being without merit, a letter of admonition shall be sent to the court reporter and a copy thereof to the person making the complaint. Informal admonition shall not be used as a substitute for, and shall not be considered as, disciplinary action. However, the fact, nature, and cause of such admonition shall be retained in the Board's file on said court reporter and shall be disclosed in any subsequent disciplinary proceedings.(F)Admissions and Irrevocable Resignations(1) Any time after the court reporter has been formally notified as provided in (C)(4), the Board may, in its discretion and upon majority vote, accept admissions. Upon acceptance by the Board, the proceedings may be terminated. Nothing contained herein, however, shall prevent the further receipt of evidence for purposes of determining the final disposition to be made.(2) Admissions shall fully address the factual matters alleged in the complaint, shall set out that the court reporter could not defend her/himself on the matters admitted, and that the court reporter submits to discipline on the matters admitted.(3) Irrevocable resignations may be tendered to the Board at any time. An irrevocable resignation shall acknowledge every disciplinary matter then pending, state that the court reporter does not desire to defend same, and request permission to resign with prejudice. Upon receipt and acceptance of the irrevocable resignation, the disciplinary proceedings then pending shall terminate and the Board shall enter an Order accepting the resignation, revoking the court reporter's certification or temporary permission and barring forever thereafter the court reporter's right to seek reinstatement or new certification or new temporary permission. An irrevocable resignation and order accepting same shall be considered disciplinary action on the matter charged. A copy of the Order of resignation shall be given to the person filing the complaint, the Chief Justice of the Mississippi Supreme Court and to the judges of the circuit and chancery districts in the counties where the court reporter works, and shall be published in one or more of the following publications or websites administered by any of the following: the Mississippi Bar, the Mississippi Board of Certified Court Reporters, and the Mississippi Court Reporters Association. If said court reporter was granted temporary permission as a Nonresident Court Reporter, a copy of said Order of resignation shall be forwarded to his/her home state of original certification and/or licensure for appropriate action to be taken therewith according to that state's governing rules and regulations. If said court reporter is a member of the National Court Reporters Association (NCRA) and/or the National Verbatim Reporters Association (NVRA), a copy of said Order of resignation shall be forwarded to said association(s) for appropriate action to be taken therewith according to that association's governing bylaws, rules, and regulations.(4) Failure to renew a certificate or temporary permission as provided herein on or before March 1 of each calendar year shall constitute resignation by the court reporter. Any court reporter whose resignation is for failure to timely renew his/her certification or temporary permission (Noncertified Court Reporters only - Nonresident Court Reporters must reapply annually) may be reinstated as provided in these rules.R. & Regul. Gov. Cert. Ct. Report. XII
Approved effective 1/1/2012.