HomeMy WebLinkAbout89-133JS
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~ COUNTY ,OF BUTTE,,STATE OF GA~[FORNIA
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Piesolufion No. 89-133
RESOLUTION REQUESTING LEGISLATION
TO AMEND GOVERNMENT CODE SECTION 70045.8
DELETING REQUIREMENT FOR CERTIFIED
SHORTHAND REPORTERS IN SPECIFIC COURT MATTERS
AND GOVERNMENT CODE SECTION 70054.4 INCREASING REVENUES
FOR USE OF COURT REPORTERS IN CIVIL MATTERS
WHEREAS, there is presently a serious shortage of
certified shorthand reporters willing to work as official
reporters, and
WHEREAS, it would be appropriate to request Government
Code Section 70045.8 be amended to delete the requirement of
Certified shorthand reporters in all Family Law matters.
WHEREAS, proposed amendment to Government Code Section
70045.8 would read as follows:
Butte County; compensation
A. Notwithstanding any other provision of law,
including but not limited to Sections 70040, 70041,
70042, and 70045, the following provisions shall be
applicable to the official court reporters in Butte
County Superior Court:
1. The regular full-time official superior court
reporters under the direction of the presiding judge
of the superior court shall perform the following
duties:
a. Report all criminal proceedings; and
b. Report all civil commitment proceedings and all
contempt proceedings; and
c. Report all juvenile proceedings other than
those heard by juvenile court referee or
traffic hearing officer; and
d. Report all civil jury trials; and
e. Report all hearings on petitions for
extraordinary relief, including but not limited
to proceedings for injunctions, mandate,
prohibition, certiorari, review, habeas corpus,
and coram nobis, and
f. Report all proceedings of the grand jury when
requested by the foreman, or by the district
attorney or by the county counsel; and
g. Any other court proceedings when a party
requests a court reporter in accordance with
rules of court; and
h. Report coroner's inquests when requested by the
coroner; and
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i. Report proceedings for the Butte County Board
of Equalization when requested by the board;
and
j. When not occupied with the above duties, and
upon request of a presiding judge of the
municipal court and approval of the presiding
judge of the superior court, he or she shall
report matters listed in Section B. 1 below.
B. Notwithstanding any other provision of law,
including but not limited to sections 70040, 70041,
70042, and 70045, the following provisions shall be
applicable to the official court reporters in the
Butte County Municipal Courts:
1. The regular full-time official municipal court
reporters under the direction of the presiding
judges of the municipal courts shall perform the
following duties:
a. Report the preliminary examination of those
accused of crimes before magistrates within
Butte County; and
b. Report all felony pleas; and
c. Report any other court proceeding as required
by law; and
d. When not occupied with the above duties, and
upon request of the presiding judge of the
superior court and approval of a presiding
judge of the municipal court, he or she shall
report matters listed in section A. 1 above.
C. The board of supervisors shall, by ordinance,
specify the salary rates for official court
reporters in Butte County.
In addition to the aforementioned compensation, each
official court reporter shall receive twenty-five
($25) per month as reimbursement for the cost of
necessary supplies.
The foregoing salary established pursuant to county
ordinance is for compensation of reporting services
in the superior and municipal courts under
subdivisions 1 and 2 of this section. For all
transcripts incident to reporting services, each
reporter shall receive the fees provided for in
Article 9 (commencing with Section 69941) of this
chapter.
The regular full-time official court reporters shall
be entitled to the same privileges with respect to
retirement, vacation, sick leave, and group
insurance, which either now or hereafter may be
provided by ordinance to other employees of the said
county.
D. When the regular full-time official court reporters
are occupied in the performance of their duties and
services pursuant to the provisions of subdivisions
1 and 2, the judge or judges of the superior and
municipal courts may appoint as many additional
official court reporters, who shall be known as
official reporters pro tempore, as the business of
the courts may require in order that the judicial
business of the courts in such county may be carried
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on without delay. They shall be paid in accordance
with the per diem, transcription, and other fee
provisions of Article 9 (commencing with Section
69941) of this chapter. Such per diem, traveling
and other expenses, and the fees chargeable to the
county under the terms of these provisions shall be
a proper county charge.
WHEREAS, it is further appropriate to request Government
Code Section 70054.4 be amended to increase revenues to the county
for use of certified shorthand reporters in civil matters. At
present, there is no charge to litigants in civil matters until the
trial is in at least the fifth day. This resolution would reduce
that to payment of the per diem starting on the second day.
WHEREAS, proposed amendment to Government Code Section
70054.4 would read as follows:
Butte County Superior Court; reporter's filing fee; fees
a. In the Butte County Superior Court, a reporter's
filing fee of eighteen {$18) shall be paid in
actions and proceedings as specified in Section
68090.5; and
b. In Butte County:
~.. In addition to any fee otherwise required, in
civil cases that last longer than one judicial
day, a fee equal to one-half the full per diem
rate for official reporters pro tempore shall
be charged per one-half day of services to the
parties, for the services of an official
reporter for the second and each succeeding day
a reporter is required; and
2. All parties shall deposit their pro rata share
of such fees with the clerk at the beginning
of the second and each succeeding day's court
session; and
3. All fees under this subdivision shall be taxed
as costs; and
4. For the purposes of this subdivision, "one-half
day" means any period of judicial time during
either the morning or the afternoon court
session.
NOW, THEREFORE, BE IT RESO~,VED by the Butte County Board
of Supervisors that it does hereby request state legislation to
amend Government Codes Section 70045.8 and 70054.4 as
aforementioned.
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PASSED AND ADOPTED this 12th day of September, 1989 by
the following vote:
AYES: Supervisors Mclnturf, Vercruse, McLaughlin, and
Chair Fulton
NOES: None
ABSENT: Supervisor Dolan
NOT VOTING: None
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LE ULTON, Chair, Butte County
Board of Supervisors
ATTEST:
WILLIAM H. RP,NDOLPH, Chief Administrative Officer
and C erk of(~th Hoard of Supervisors
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