Court Reporting Ethics and Professional Responsibility
What the exam tests
This domain covers the ethical obligations of the reporter as an officer of the court. Candidates should understand impartiality, confidentiality, and the duty to produce a verbatim and accurate record. They should know the rules on conflicts of interest, ex parte communications, gifts and favors, and the prohibition on altering a transcript after certification. They should understand the reporter's obligation to disclose errors and to follow the correct procedure for errata. Questions may address the reporter's role in sealed proceedings, handling of confidential information, and the duty to maintain competence through continuing education.
Traps to expect
- The "helpful" edit: correcting grammar or cleaning up testimony is unethical; the record must reflect what was said.
- Improper ex parte contact with counsel or a party about the substance of the case.
- Conflict of interest: reporting for both sides, or having a personal stake in the outcome.
- Post-certification alteration without proper procedure.
- Confidentiality breaches, including discussing testimony outside the proceeding.
Rule of thumb
Ask whether your action would survive being described on the record in open court. If it would embarrass the profession, do not do it.
Worked example
A witness says "I seen him" instead of "I saw him." The reporter transcribes "I seen him" verbatim. Cleaning it up to "I saw him" would misrepresent the testimony and violate the duty of accuracy, even though the corrected version is better grammar.