Vote: approved

Item Text

95. CIVIL CASE COURT REPORTER FEE Pursuant to A.R.S. §11-251.08, set a public hearing for September 23, 2015 to solicit comments and consider the adoption of Civil Case Court Reporter Fees of $140.00 half day and $280.00 full day. Upon Board approval, this item will become effective September 30, 2015. A.R.S. § 11-251.08 authorizes the Board of Supervisors to adopt fees for any specific service the County provides to the public as long as that fee is attributable to and defrays the expense of the service for which the fee is assessed and the fee does not exceed the actual cost of that service. One of the Court’s mandated duties is capturing the official record of court proceedings. Arizona Supreme Court Rule 30 directs when a court proceeding requires the presence of an official court reporter for this purpose. Beyond Rule 30, the Court determines whether the official record may be created by electronic recording. Maricopa County local rules 2.22 and 10.5 require a separate request for each proceeding, if a court reporter is requested and not mandated by Rule 30. These local rules provide parties with adequate time to make a request that the matter be handled by a certified and authorized court reporter. If approved and resources are available, the Court shall make arrangements for a certified and authorized court reporter to be present for the purpose of taking the record of the proceedings. The costs for the authorized court reporter will be borne by the requesting party, or as directed by the Court to secure that actual estimated costs are reimbursed to defray expenses of the services. Authorizing the Civil Case Court Reporter Fee of $140 half day and $280 full day will improve resource usage of court employed court reporters and reimburse expenses that are now expended in the support of non-County directed purpose. The new Civil Case Court Reporter Fee will be assessed to private parties in court proceedings which a court reporter is not required by law who prefer to have a certified and authorized court reporter rather than access to the electronically captured record. The Court anticipates that this will primarily occur in civil cases. In the event that a particular courtroom is not outfitted with functioning electronic recording technology, a certified and authorized court reporter will be made available without application of these fees. The approval of and availability of this fee will not restrict or inhibit any party’s ability to obtain a record of court proceedings based solely on that party’s inability to pay for these services. Parties may request a waiver or deferral of fees using the established process. This fee does not require approval from the Arizona Supreme Court Administrative Office of the Courts. The assessment of the fee would commence following BOS approval of the fee. The proposed fee will be attributable to and defray or cover the expense of providing the service for which the fee is assessed and the fee does not exceed the actual cost of that service. (C-80-16-001-2-00)

Vote: approved

Item Text

8. CIVIL CASE COURT REPORTER FEE Pursuant to A.R.S. §11-251.08, convene the scheduled public hearing, to solicit comments and consider the adoption of Civil Case Court Reporter Fees of $140.00 half day and $280.00 full day. Upon Board approval, this item will become effective September 30, 2015. A.R.S. § 11-251.08 authorizes the Board of Supervisors to adopt fees for any specific service the County provides to the public as long as that fee is attributable to and defrays the expense of the service for which the fee is assessed and the fee does not exceed the actual cost of that service. One of the Court’s mandated duties is capturing the official record of court proceedings. Arizona Supreme Court Rule 30 directs when a court proceeding requires the presence of an official court reporter for this purpose. Beyond Rule 30, the Court determines whether the official record may be created by electronic recording. Maricopa County Local Rules 2.22 and 10.5 require a separate request for each proceeding, if a court reporter is requested and not mandated by Rule 30. These local rules provide parties with adequate time to make a request that the matter be handled by a certified and authorized court reporter. If approved and resources are available, the Court shall make arrangements for a certified and authorized court reporter to be present for the purpose of taking the record of the proceedings. The costs for the authorized court reporter will be borne by the requesting party, or as directed by the Court to secure that actual estimated costs are reimbursed to defray expenses of the services. Authorizing the Civil Case Court Reporter Fee of $140 half day and $280 full day will improve resource usage of court employed court reporters and reimburse expenses that are now expended in the support of non-County directed purpose. The new Civil Case Court Reporter Fee will be assessed to private parties in court proceedings which a court reporter is not required by law who prefer to have a certified and authorized court reporter rather than access to the electronically captured record. The Court anticipates that this will primarily occur in civil cases. In the event that a particular courtroom is not outfitted with functioning electronic recording technology, a certified and authorized court reporter will be made available without application of these fees. The approval of and availability of this fee will not restrict or inhibit any party’s ability to obtain a record of court proceedings based solely on that party’s inability to pay for these services. (C-80-16-001-2-00)