I. Introduction

          The Board Governing the Recording of Judicial Proceedings (the “Board”) received a request for an advisory opinion relating to whether a certified court reporter, hired by an attorney to take a transcript of an administrative proceeding, may sell copies of the transcript to persons other than the hiring attorney.

II. Factual Background

          A certified court reporter was hired by an attorney representing the applicant to take the transcript of the proceedings for his client before the New Mexico Medical Review Commission. Following the proceeding, the certified court reporter received a request for a copy of the transcript from the attorney for the respondent. The attorney for the applicant objected to the certified court reporter selling copies of the transcript to all other persons.

III. Discussion

          The Board finds the discussion contained in the National Court Reporter’s Association Code of Professional Ethics Public Advisory Opinion 8: “Selling Transcript Copies from a Private Meeting” fully articulates the position of the Board as to this issue and hereby adopts the same, in toto.1 A copy of this Advisory Opinion 8 is attached to this Advisory Opinion as Appendix A.

IV. Conclusion

          The request for advisory opinion failed to state whether the transcript taken by the certified court reporter was the official record of the proceeding. Whether the certified court reporter can sell copies of the transcript to persons other than the hiring attorney, without the hiring attorney’s consent, will, in all cases, turn upon whether the transcript prepared by the certified court reporter was the official record. If the certified court reporter was taking the official record, then the certified court reporter not only may, but has the obligation to make the official record available to all parties. Rules 22- 505(1), (8), (9), & (10); Rule 22-605(B). If the certified court reporter, however, was not taking the official record, then the certified court reporter, is absolutely barred from selling or providing copies of the transcript to persons other than the hiring attorney without the hiring attorney’s consent. Rules 22-505(2), (4), (9), & (10); Rule 22-605(B).

APPENDIX A

 Code of Professional Ethics

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1National Court Reporter’s Association website is www.ncraonline.org.

Public Advisory Opinion 8: Selling transcript copies from a private meeting (Originally written, 1989; Amended, 1997)

Statement of Facts

          A freelance reporter is hired by a law firm to make a record of a meeting at which attendance is by invitation only. Is the reporter at liberty to sell copies of the transcript to members of the audience?

Discussion

          In the case under discussion, a nonpublic meeting, the hiring of a reporter to make a record and the resultant work product of the reporter, i.e., the transcript, as well as its distribution, come under the sole control of the hiring party. The reporter must look to that hiring party for permission to sell copies of the transcript.

          To avoid possible problems, it might behoove the reporter in instances such as this to inquire of the hiring party before the meeting starts whether the transcript can be made available to members of the audience.

Conclusion

          It is the Committee's opinion that, without the permission of the hiring party, copies of the transcript cannot be sold or given to members of the audience who are there by invitation. If, indeed, a copy were sold or given under such circumstances without that express permission, the reporter would be in violation of Provisions 1, 4, and 9 of the Code, which state as follows:

No. 1.  Be fair and impartial toward each participant in all aspects of reported proceedings. 

No. 4.  Preserve the confidentiality and ensure the security of information, oral or written, entrusted to the member by any of the parties in a proceeding. 

No. 9.  Maintain the integrity of the reporting profession.

THIS PUBLIC ADVISORY OPINION REFLECTS THE STATUS OF THE LAW IN MOST JURISDICTIONS. MEMBERS ARE REQUIRED TO CONFORM TO THE ACCEPTED PRACTICES SET FORTH IN THIS PUBLIC ADVISORY OPINION TO THE EXTENT THAT SUCH PRACTICES ARE CONSISTENT WITH THEIR OWN APPLICABLE STATE AND LOCAL LAWS, RULES AND REGULATIONS.