Conflicts of Interest, a Public Realtime Link, and a Prior Deposition
You are assigned as a contract court reporter for a felony preliminary hearing in New Mexico magistrate court. The case involves a charge of aggravated assault with a deadly weapon. When you arrive, you recognize the prosecuting attorney as your spouse's law partner. You also recognize the defendant as your next-door neighbor. Before the hearing begins, defense counsel asks you to 'keep the realtime feed off' because the defendant's family is watching remotely and 'they don't need to see the police report details.' The judge has ordered that the hearing be recorded, and the courtroom has a public video link. You have previously transcribed a private deposition for defense counsel in a different case. You have not disclosed any of these relationships. The hearing is scheduled to last 90 minutes; no other reporter is available.
1. What conflicts and ethical obligations must you identify before the hearing begins?
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Disclose all three relationships before the hearing starts: your spouse's law partner is prosecuting, the defendant is your neighbor, and you previously transcribed a deposition for defense counsel in another case. The first creates an appearance of partiality; the second may create bias or familiarity; the third may be less serious but still must be disclosed. Ask the judge to rule on the record. Do not decide silently that you can be impartial just because no other reporter is available. If the judge and parties waive the conflict on the record, you may proceed; otherwise, recuse. Document the disclosure.
2. How should you respond to defense counsel's request to turn off the realtime feed?
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The request to turn off the realtime feed is not yours to grant unilaterally. Realtime is a service, but the judge controls the courtroom and the public link; if the judge ordered recording and public access, disabling the feed could violate the order and impair the record. Explain that you will follow the judge's direction. If defense counsel believes the feed jeopardizes confidentiality, counsel should ask the judge for a limiting order. Do not secretly disable the feed or alter the audio.
3. What effect should the prior deposition and the no-reporter constraint have on whether you proceed?
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The prior deposition for defense counsel must be disclosed even if it was in a different case; it may not disqualify you, but the judge and parties are entitled to know. The no-other-reporter constraint is a scheduling problem, not a license to hide a conflict. If the judge wants to proceed, get an on-the-record waiver from all parties after full disclosure. If not, withdraw and let the assignment be reassigned. Do not discuss the prior deposition's confidential content while explaining the conflict.