The Lapsed Certification and the Felony Trial
You are a certified court reporter in Mississippi. Your certification renewal was due December 31. You completed 10 of the 20 required continuing-education hours and did not pay the $150 renewal fee because you were caring for a seriously ill parent. It is now February 3. You have been subpoenaed to report a three-day felony trial beginning February 10 in circuit court. The judge's administrative assistant emails to confirm your certification number and expiration date. You have not told the Board or the court about the lapse. A lawyer in the case has already asked you to 'just handle the transcript quickly.' You have your old certification card, which shows December 31 as the expiration.
1. What are your obligations to the Board and the court now?
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You must not misrepresent your status. The old card shows that your certification expired on December 31, and you have not completed the required continuing education or paid the renewal fee. Contact the Board of Certified Court Reporters immediately, explain the lapse, and ask what late-renewal or reinstatement steps are available. Do not wait until the trial starts. Tell the judge's administrative assistant and the parties promptly that your certification is lapsed so they can arrange for a certified reporter. Concealing the lapse and reporting the trial could jeopardize the record and expose you to disciplinary action. Keep copies of your communications with the Board and the court.
2. Can you report the felony trial while your certification is lapsed?
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You should not hold yourself out as a certified court reporter or report official court proceedings unless the Board has reinstated you or confirmed in writing that you may work under a grace period or temporary authority. A felony trial creates a record that may be reviewed on appeal, and the parties are entitled to a certified reporter. If you appear and the lapse is discovered later, the transcript and the proceedings could be challenged. The fact that the lawyer wants the transcript quickly does not change your obligation. If the Board authorizes you to report before the trial date, get that authorization in writing and notify the court. If not, decline the assignment and help the court find a certified replacement.
3. What steps should you take to resolve the situation and protect the record?
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First, contact the Board and complete any late-renewal requirements, including the remaining continuing-education hours and fees. Second, notify the judge and the parties in writing that you cannot confirm active certification unless and until the Board reinstates you. Third, do not accept the felony trial assignment until you have written confirmation of your status. Fourth, document everything: the Board's instructions, your CE completion, payment, and the court's response. If you are reinstated before the trial, provide the court with your current certification information. If you are not, cooperate with the court's replacement arrangements and transfer any relevant scheduling information. Protecting the integrity of the record is more important than protecting your embarrassment.