Section 45-37-80.20 - Appointment; duties; special reporter; fee; salary; oath; supplies(a) That each of the judges of such circuit courts of this state shall appoint a competent shorthand writer to perform the duties of official court reporters over the court in the circuit over which the judge presides; that such official court reporter shall not be subject to the provisions of any civil service system as may be effective in such county or counties or circuit or circuits; that such official court reporter shall serve at the pleasure of the appointing judge; that no two judges shall appoint the same court reporter; that no person shall be appointed official or special court reporter under this section who is not able to correctly report in shorthand the proceedings in all trials as the same may occur and neatly and expeditiously transcribe on the typewriter the testimony taken by him or her. The official court reporter shall be an officer of the court, and within his or her circuit shall have the power to administer oaths and shall hold office for the term of the judge appointing him or her. The appointing judge shall have power to remove his or her official court reporter upon his or her pleasure for incompetency or other just cause. Provided, the court reporter shall not be related to the trial judge within the four degree of consanguinity or affinity, and any appointment of a court reporter so related to the trial judge within the prohibited degree shall be void. Provided, however, that the official court reporter shall be required to reside in the circuit for which he or she is appointed during the period of his or her service.(b) It shall be the duty of such official court reporter to attend in person, except as otherwise herein provided, the sessions of the court held in the circuit, for which he or she is appointed, and in every case where directed by the judge or requested by a party thereto he or she shall take full stenographic notes of the oral testimony and proceedings, except argument of counsel, and note the order in which all documentary evidence is introduced, all objections of counsel, and the rulings of the court thereon and exceptions taken or reserved thereto. He or she shall take testimony given orally in open court when directed by the judge to do so. The original stenographic notes of such court reporter in each case or proceedings officially reported shall be preserved and treated by him or her as part of the records of the court and upon his or her retirement from office shall be turned over to the clerk of such court. In equity cases where the testimony is taken orally before the judge, whenever ordered by the judge, such reporter shall transcribe such stenographic notes and file the same in the cause. For such transcription of his or her stenographic notes, the court reporter shall receive twenty cents ($.20) for each 100 words thereof which shall be taxed as part of the costs of the cause.
(c) Should the official court reporter herein provided for, on account of illness or other cause, be unable to report the testimony of any trial as is provided in this section, the judge of the court shall have authority to appoint a special reporter to serve until his or her official court reporter can resume his or her duties in such court, the compensation of such special court reporter to be the same and paid in like manner as herein provided for official court reporters. In each of the circuits covered by this section court reporters, when not engaged in the discharge of their official duties, shall be subject to the direction of any judge of such circuit, it being the intention and purpose of this subsection to avoid the necessity of appointing a special reporter whenever any official court reporter of the circuit is available.(d) All cases reported by an official reporter or special reporter there shall be taxed as part of the costs of the case a fee, as provided by law, for each day or fraction thereof that such reporter shall be engaged in reporting a case, to be collected as costs, and, when collected, paid by the clerk or register of the court into the county treasury.(e) Such official court reporter shall receive a salary of ten thousand dollars ($10,000) per annum, which shall be payable in equal monthly installments from the general fund of the county.(f) That before any official court reporter or special reporter shall enter upon the duties of his or her office, he or she must subscribe to an oath to support the constitution and laws of the State of Alabama, and to faithfully perform all duties of such office.(g) All stationery and supplies to be used by such official or special reporters in their capacity as such shall be furnished and paid for by the county composing each of the judicial circuits covered by this section.Ala. Code § 45-37-80.20 (1975)
Acts 1955, 2nd Sp. Sess., No. 52, p. 161, §§1-7; Acts 1955, No. 209, p. 514, §1; Act 89-669, p. 1329, §1.