The Law Mind

In the Matter of Adoption of Plan for Management of Court Reporting Services (24-MC-04-19)

D.N.M. Standing Order — In the Matter of Adoption of Plan for Management of Court Re

Case 1:24-mc-00004 Document 19 Filed 10/25/24 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO IN THE MATTER OF: ADOPTION OF PLAN FOR MANAGEMENT OF COURT REPORTING SERVICES 24-MC-00004-19 ADMINISTRATIVE ORDER This Order adopting the Plan for Management of Court Reporting Services will supersede the plan now in effect for the District of New Mexico. With the concurrence of the active Article III Judges in the District, this Order is entered for the Court. IT IS ORDERED that the attached Plan for Management of Court Reporting Services (“the Plan”) is hereby adopted in its entirety by the United States District Court for the District of New Mexico, as approved by the Judicial Council for the Tenth Circuit Court of Appeals, and subject to rules and regulations that the Judicial Conference of the United States may adopt. DONE this 25th day of October, 2024. FOR THE COURT, PURSUANT TO ADMINISTRATIVE ORDER MISC. NO. 83-252: /s/ WILLIAM P. JOHNSON CHIEF UNITED STATES DISTRICT JUDGE Notices 1:24-mc-00004 Administrative Orders U.S. District Court United States District Court - District of New Mexico Notice of Electronic Filing The following transaction was entered on 10/25/2024 at 3:27 PM MDT and filed on 10/25/2024 Case Name: Administrative Orders Case Number: 1:24-mc-00004 Filer: Document Number: 19 Docket Text: ADMINISTRATIVE ORDER: In the Matter of Adoption of Plan for Management of Court Reporting Services (Attachments: # (1) Plan for Management of Court Reporting Services, # (2) Minutes of the Judicial Council of the Tenth Circuit) (cg) 1:24-mc-00004 Notice has been electronically mailed to: 1:24-mc-00004 Notice has been delivered by fax to: 1:24-mc-00004 Notice has been delivered by USPS to: The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1167529506 [Date=10/25/2024] [FileNumber=13350202 -0] [857f9129bd3477632cb4126c5a6802f0c378456cdee945e154e9bcd0c57e1060a d0deb7c2acde999e97c8c00395f0e615cce986a7ad343490763f75bdcea22a4]] Document description: Plan for Management of Court Reporting Services Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1167529506 [Date=10/25/2024] [FileNumber=13350202 -1] [18e18e00535bcbc8e0a16fdba126b3880f98574ae4dd3191e39752d4477f855d3 06e3052e725d01f039a7837ad33f89d936b1c3fe73e60643117682de1a4a724]] Document description: Minutes of the Judicial Council of the Tenth Circuit Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1167529506 [Date=10/25/2024] [FileNumber=13350202 -2] [6e6449cd9cfd067ab32dc60dccb73ca9acafa4b3916b1648d726f967c3b18fa5e 737f879ceff183bc19e10cfbdbb854f503bc68a229f134fd1a0eacec4b80289]] Case 1:24-mc-00004 Document 19-1 Filed 10/25/24 Page 1 of 13 PLAN FOR MANAGEMENT OF COURT REPORTING SERVICES UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO Pursuant to the resolutions of the Judicial Conference of the United States and after approval of the Judicial Council of the Tenth Circuit, the United States District Court for the District of New Mexico adopted the following plan on October 25, 2024. The Court desires through this Plan to achieve effective control and management of court reporting services which include stenographic, computer assisted, and electronic court recorder operators (ECROs). The Clerk of Court (“Clerk”) is authorized by the Court to supervise the combined court reporting and recording operations used by the Court. I. Supervision and Implementation 1. The Clerk of this Court is hereby designated and fully empowered to perform all supervisory, administrative and oversight functions hereinafter set forth. In addition, the Clerk will periodically advise the Court regarding the effectiveness, efficiency, and equity of work distribution of court reporting services provided pursuant to this Plan. 2. Specific duties of the Clerk or designee include, but are not limited to: a. assignment of court reporters for the purpose of distributing fairly and equitably the workload of all reporters and assuring the best utilization of reporting personnel, subject to the provisions of this Plan; b. periodically reviewing transcripts to assure full compliance with format requirements of the Administrative Office of the United States Courts (AO) and the Judicial Conference of the United States (JCUS); c. periodically reviewing transcript order ledgers and billing to assure that authorized transcript rates are charged, that billing is in the proper form, and that all bills include order and delivery dates; d. determining compliance by all court reporters with the rules and regulations concerning the recording and filing of pleas and sentences; e. periodically reviewing the time records of the court reporters to assure proper maintenance and accuracy; f. periodically reviewing the records of the court reporters to assure the timely filing of all reports required by the AO and the JCUS; Case 1:24-mc-00004 Document 19-1 Filed 10/25/24 Page 2 of 13 g. requiring the court reporters to submit to the Clerk, from time to time, reports and information required by the Clerk in order to perform his or her duties under this Plan; h. performing such other duties relating to court reporters as directed by the Court; and i. conducting performance appraisals of all court reporters and ECROs. II. Allocation, Appointment and Retention of Court Reporters 1. Each active district judge has the option of choosing between court reporting services or ECRO services to capture the record of court proceedings. Court reporting services through an official or contract court reporter may not always be available due to budgetary constraints or recruitment challenges. 2. Official court reporters will be appointed in accordance with the provisions of the Court Reporter Act, 28 U.S.C. § 753, and the procedures of the AO and the JCUS. 3. No reporter will be appointed, or serve as a contractual, substitute, or replacement court reporter, unless that reporter is fully qualified under the standards adopted by the JCUS. 4. Pursuant to the provisions of the Personnel Manual of the U.S. District Court, District of New Mexico, and as with all federal court employees, appointment of official court reporters and ECROs is on an “at will” basis. 5. Court reporters who do not perform in a competent and satisfactory manner or who fail to comply with the provisions of this Plan or the directive of the Clerk or designee in connection with their duties will be subject to disciplinary action up to and including dismissal. 6. The number of reporters shall be determined by the Judicial Conference of the United States (28 U.S.C. § 753(a)). (See Paragraph 8 below for more detail.) 7. Although reporting resources are allocated based on the number of active district judges and the activity of senior judges, these resources are assigned to the entire court. The Judicial Conference requires that court reporters do not form part of the personal staff of an individual judge but are employed by the court en banc which controls their assignments. 8. At its September 2017 meeting, the Judicial Conference adopted a new staffing formula in which the ratio of court reporters to active district judges 2 Case 1:24-mc-00004 Document 19-1 Filed 10/25/24 Page 3 of 13 is .89 to 1. As a matter of convenience and efficiency, an official court reporter may be aligned with one active district judge but must work with his or her supervisor and with the other official court reporters to ensure coverage for all judicial officers, regardless of rank. To serve all active and senior judges, any conflicts in coverage by official full time court reporters will be resolved on the basis of hearing type (see “DNM Official Court Reporter (OCR) Scheduling Prioritization Policy”). The court may be in position, both from a budget and caseload standpoint, to hire an additional official court reporter when new active district judgeships become available to the court. If so, the Clerk will recommend that such hire be made. Also, if the number of senior judges carrying a qualifying workload merits the hiring of an additional official court reporter, the Clerk will make a recommendation to the Court that such hire be made. Given the unpredictable nature of the length of senior judgeships, consideration will be given at the time of recommendation that the hire be part time or full time and whether the appointment period be temporary. 9. An official court reporter aligned as a matter of convenience with an active judge who has announced his or her intention to take senior status may be aligned with the next incoming active district judge filling a vacancy created by a judge taking senior status. This is subject to the discretion of the incoming district judge, who may insist that his or her assigned court reporter have the highest level of accreditation. As such, all official court reporters are strongly encouraged to obtain all levels of accreditation, including realtime certification. 10. If the volume of work does not justify retention of the full complement of existing official court reporters or ECROs, a reduction may be accomplished through relocation, attrition, reduction in work hours, or in the last instance, by termination upon a reasonable notice when possible. There is no requirement that a court give preference to a reporter with seniority. In deciding which reporters are retained, the Court may use several factors including competency, level of accreditation, past performance, and past conduct. 3 Case 1:24-mc-00004 Document 19-1 Filed 10/25/24 Page 4 of 13 III. Electronic Sound Recording of Proceedings 1. Each district judge of this Court will determine whether reporting of official proceedings in his or her court will be by certified court reporter 1 or by electronic sound recording in accordance with the Guide to Judiciary Policy (Guide), Volume 6, Chapter 3, §350.20. 2. Should a district judge elect electronic sound recording (ESR) as the official record of proceedings in the court, the ECRO will be an employee of the Clerk’s Office. ECROs are responsible for the accurate and proper verbatim recording of court proceedings in the courtroom using electronic equipment. The Clerk of Court, or designee, will be responsible to provide during all business hours or at any time needed by the Court a competent substitute to provide such services if the assigned ECRO is not available. IV. Leave Act 2 1. The official court reporters who have been placed under the Leave Act earn sick and annual leave in accordance with the Leave Act, 5 U.S.C. § 6301, et seq. In accordance with the Personnel Manual and the Clerkʹs Office policy on annual leave, the Clerk or designee will act on requests for leave. 2. When official court reporters request leave, a contract or freelance court reporter will be hired to assist in covering the aligned judge’s docket when another official court reporter is not available. 3. The Clerk of Court or designee will be responsible for maintaining leave records of official court reporters who are under the Leave Act. 4. The official court reporters who are not under the Leave Act do not accrue leave, and, therefore, are not entitled to take paid sick and annual leave. 5. Pursuant to the Guide, Volume 6, Chapter 2, §240.10, court reporters who are not under the Leave Act must provide substitutes as needed at their own expense or be placed in a leave without pay status when taking vacations, leave for personal business, or sickness. Reporters not covered by the Leave Act are on call every day court is in session, whether or not they are aligned with one judge as a matter of convenience. Nevertheless, if the Court needs 1 To the extent such resources are available. 2 Court reporters must come under the Leave Act, 5 U.S.C. § 6301 et seq. if they are assigned regular tours of duty, i.e., prescribed work hours. Conversely, those reporters without regular tours of duty are not covered by the Leave Act. 4 Case 1:24-mc-00004 Document 19-1 Filed 10/25/24 Page 5 of 13 reporting services for senior judges, visiting judges, magistrate judges or land commissioners, salaried reporters not covered by the Leave Act who are absent for whatever reason are responsible for providing that coverage or ensuring a substitute is readily available and reachable by the Clerk, designee, or OCR on calendar duty. V. Assignment and Availability 1. Consistent with other provisions of this Plan, official court reporters and ECROs will be aligned with an active district judge when doing so produces convenience and efficiency for the court as a whole. When necessary, an official court reporter or ECRO may be temporarily assigned by the Clerk or designee to an active judge of the district, a senior district judge, a visiting district judge, a magistrate judge, special masters, or to land commissioners in accordance with other provisions of this Plan. Assignment conflicts will be resolved based on a priority of hearing types rather than judge rank or alignment of the official court reporters. Hearing types such as trials and evidentiary hearings will receive highest priority (see “DNM Official Court Reporter (OCR) Scheduling Prioritization Policy”). 2. Court reporting of Grand Jury proceedings are arranged and funded by the U.S. Attorney General. In the rare instance, an official court reporter will also report Grand Jury proceedings when required and directed by the Court. 3. The Clerk or designee will monitor work distribution equity and adjust OCR assignments if patterns of disparity emerge. 4. Pursuant to the Guide, Volume 6, Chapter 1, §120, official court reporters will attend and be present in the courtroom, chambers or where required, to record all official proceedings of the judge or other judicial officer to whom they may be assigned. 5. Official court reporters or ECROs on location in the main office and divisional offices, when available, will be utilized to minimize travel by official court reporters. 6. To the extent that the work of the Court permits, two or more official court reporters may cooperate and share the extra work necessitated by preparation of daily or hourly copy or lengthy trials. 5 Case 1:24-mc-00004 Document 19-1 Filed 10/25/24 Page 6 of 13 VI. Substitute and Contract Reporting Services 1. To the extent that the complement of official court reporters cannot fulfill the reporting needs of this District, the Court will employ contract or freelance court reporters to satisfy the Court’s additional requirements, subject to the approval of the Circuit Council and of the AO. Every reasonable effort will be made through scheduling to reduce the need for temporary or contractual court reporting services and to minimize the travel by these outside reporters. 2. Arranging Substitutes for Reporters Not on the Leave Act. The official reporter must provide the Clerk or designee with the name and telephone number of an available substitute reporter to fill in during the official reporter’s absence. The official reporter must also arrange and pay for any services rendered by the substitute reporter. Once arrangements are made, the official reporter will send an email to the substitute reporter confirming the arrangements, and copy the Clerk or designee so that he or she is duly informed. An official reporter may enlist the services of another official reporter; however, the absent reporter must still provide the name and telephone number of an available substitute and pay for any services rendered by the substitute. If the substitute is another official reporter, the substitute may not charge the absent reporter. Alternatively, the official reporter must be placed on leave without pay (LWOP) status during the official reporter’s absence. If placed on LWOP status, a substitute court reporter will be provided at Court expense. See more under Section IV, Leave Act. 3. When the official court reporters who have been placed on a regular tour of duty are on leave status, their assignments may be covered by any other available official court reporter or, as a last resort, by contract court reporting services provided at Court expense. 4. An official court reporter will not use a substitute court reporter without the prior approval of the judge, Clerk, or designee. 5. Any substitutes used will be fully qualified under the standards adopted by the JCUS. Substitute reporters will adhere to transcript format and rate schedules in the same manner as official court reporters. 6. Any necessary replacement reporter services required, including those necessitated by the demands of expedited, daily, or hourly copy, will be provided at the assigned official court reporter’s expense. Such expense will not be passed on to the litigants ordering transcripts, except to the extent 6 Case 1:24-mc-00004 Document 19-1 Filed 10/25/24 Page 7 of 13 authorized by the higher fees authorized for such transcripts under the schedule of fees adopted by the JCUS. Should the involuntary appointment by the Court of a substitute court reporter become necessary, the Court adopts by reference the procedures set forth in the Guide, Volume 6, Chapter 4, §440.60. VII. Place of Work, Hours 1. Pursuant to the Guide, Volume 6, Chapter 2, §240.10, it is not necessary for official court reporters who are not on a regular tour of duty to be in the courthouse when not engaged in reporting activities unless required by the Court. However, these official court reporters are to maintain telephone availability every day court is in session so that they can be summoned to the courthouse when their services are needed. The Clerk or designee will work with the staff court reporter team to provide backup for court reporters who are on vacation or out sick. However, court reporters not covered by the Leave Act must provide contact information for a substitute to the Clerk or designee in the event the court reporter is unable to fulfill their duties for any reason. 2. The official court reporters who have been placed on a regular tour of duty, with work hours commencing at 8:00 a.m. and ending at 5:00 p.m. or working an approved alternative work schedule, Monday through Friday, will remain on official duty during those hours unless on approved leave status. 3. All official court reporters will maintain an office with telephone and computer access to the Court’s network provided by the Court within the courthouse, to allow litigants reasonable and prompt access to make arrangements for ordering required transcripts. For ease of use, court reporters can forward their phone extensions to a personal cell phone if desired. However, court reporters should check the voicemail for their desk extension daily. 4. All official court reporters regardless of Leave status will check their email several times a day. It is expected that each court reporter check his or her court email account often as this is an official means of communication in the Clerk’s Office. This will ensure timely receipt of important announcements from Clerk’s Office staff, chambersʹ staff, and judges. The Clerk or designee will continue to contact court reporters via telephone in time‐critical situations for purposes of court coverage, and nothing in this section changes 7 Case 1:24-mc-00004 Document 19-1 Filed 10/25/24 Page 8 of 13 the court reportersʹ responsibility to maintain telephone availability (see Paragraph 1 of this section). VIII. Notes 1. All official court reporters’ raw electronic notes files, CAT‐specific notes files, text files, and wav (audio) files, as well as the reportersʹ main dictionaries will be maintained by the Court on a network drive. The purpose of this is for the easy retrieval and transcription of hearings in the event the attending court reporter is unavailable or unwilling to transcribe the hearing. Reporters will upload these files electronically to a dedicated Court‐owned server once a month, or more often, under procedures established by the Clerk’s Office. Each reporter will have an area on the server where his or her notes are stored. Such notes will not be available to the public except as permitted by 28 U.S.C. § 753(b). Such notes will not be made available to other reporters or Clerk’s Office employees unless by order of the Court. 2. All notes predating this Plan will be archived in accordance with established records archiving policy. 3. The notes of replacement or contract reporters will be suitably marked and submitted to the Clerk or designee, who will archive them in accordance with established policy. 4. Court reporters are encouraged to provide realtime translation upon request and must comply with the Realtime System Technical Requirements as set forth by the JCUS (see the Guide, Volume 6, Chapter 3, Appendix 3A). Court reporters must also comply with realtime technical and reporting standards and familiarize themselves with their responsibilities in relation to those of the Court. IX. Freelance Reporting 1. Freelance reporting includes reporting and preparing transcripts for depositions and Grand Jury proceedings. Freelance reporting will only be undertaken by official court reporters who are not on a regular tour of duty, and only with the specific prior approval of the Court. 2. Official court reporters not under the Leave Act will not use court facilities or equipment for freelance reporting activities. 8 Case 1:24-mc-00004 Document 19-1 Filed 10/25/24 Page 9 of 13 X. Fees for Transcripts 1. The Clerk will prominently post at the counter and on the Court’s external website a schedule of transcript maximum fees currently authorized by the JCUS. 2. The Chief Judge has an entered an administrative order (21‐MC‐00004‐08) adopting rate changes when they occur. 3. The Clerk of designee will periodically, for transcripts paid for with government funds (whether under the Criminal Justice Act or in civil appeals), review the transcripts filed and the bill submitted to ensure the correctness of the charges assessed. 4. Apportionment of accelerated transcript costs among parties in CJA cases is prohibited. In multi‐defendant cases involving CJA defendants, no more than one transcript should be purchased from the reporter on behalf of the CJA defendants. One of the appointed counsel, the Clerk or designee, or the court reporter will arrange for duplication of the transcript, at a commercially competitive rate, for each CJA defendant for whom a transcript was approved. The cost of duplication will be charged to the CJA appropriation. XI. Timely Filing and Proper Formatting of Transcripts 1. The provision or delivery of transcripts to the Clerk pursuant to 28 U.S.C. § 753 will be accomplished through the e‐filing to CM/ECF of the transcript by the court reporter. Court reporters will familiarize themselves with the transcript redaction deadlines and procedures, located in the District of New Mexico’s CM/ECF Administrative Procedures Manual. 2. Pursuant to the Guide, Volume 6, Chapter 5, §510.25, court reporters must file all transcripts of proceedings prepared at the request of a party or judge with the Clerk of Court. Certified transcripts must be e‐filed to CM/ECF concurrent with, but not later than three working days after, delivery to the requesting party. When a contract court reporter produces a certified transcript at the request of a party or judge, the contract court reporter must concurrently deliver a certified transcript to the Clerk of Court or designee at no charge for filing on CM/ECF. 3. Transcripts will be converted to basic PDF format. (See CM/ECF Administrative Procedures Manual for more on PDF conversion.) CM/ECF cannot accept PDF documents with security settings, bookmarks, or 9 Case 1:24-mc-00004 Document 19-1 Filed 10/25/24 Page 10 of 13 additional coding. Transcripts, like any other pleading, must bear the case number, document number, file date and page numbers at the top of each page. 4. In criminal cases and cases brought under 28 U.S.C. §§ 2241, 2254, and 2255, all transcripts ordered for purposes of appeal are to be delivered within 30 days of the date satisfactory arrangements are made for payment of the costs of their production, in accordance with Fed. R. App. P 11(b). 5. In all other cases, all transcripts ordered for purposes of appeal are to be delivered within 60 days of the date satisfactory arrangements are made for payment of the costs of their production. 6. These time limitations may be extended only by the United States Court of Appeals for the Tenth Circuit. XII. Digital Audio Recorded Hearing Transcripts 1. The Court has implemented the “Judicial Conference Policy to Make Transcripts of Court Proceedings Available Electronically via Case Management/Electronic Case Files (CM/ECF).” This policy covers standards for court reporters filing transcripts electronically, public and attorney access to those transcripts, and redaction procedures. 2. When court reporters are not used, court proceedings are recorded using ESR equipment. Court proceedings recorded in this fashion are available to internal and external customers. External customers may select a court reporting or transcription service of their choice and place with them a transcript order. The vendor will, in turn, contact the Clerk’s Office for upload or a CD of the desired hearing. Internal customers may also order audio recorded transcripts through the Clerk’s Office. See the relevant policy regarding DART requests on the Court’s internal and external websites. 3. Pursuant to the Guide, Volume 6, Chapter 5, §510.40, this section does not apply to court reporters’ backup audio files used to augment the steno notes. Backup audio files made by court reporters for their own convenience and not otherwise required by 28 U.S.C. § 753 are the personal property of the court reporter. There is no public entitlement to these audio files. 10 Case 1:24-mc-00004 Document 19-1 Filed 10/25/24 Page 11 of 13 XIII. Remote Reporting 1. In the event a court reporter is not available to cover court proceedings in person or if the cost of travel outweighs the utility of the reporter appearing remotely, the Court has authorized the use of Zoom videoconferencing for the provision of remote reporting of proceedings. Court reporters appearing remotely will be responsible for providing realtime reader software to provide a secure realtime stream remotely, if requested by the presiding judge. 2. In the event a reporter appearing remotely is unable to report a bench conference due to this Court’s current lack of audio feed from the bench conference microphone over Zoom, the CRD will utilize ESR to capture the bench conference portion of the proceedings. The court reporter will then acquire the ESR recording, transcribe the recorded portion of the proceedings, and insert said transcription into the overall transcript, pursuant to the current DNM OCR Remote Support via Zoom policy regarding bench conferences. The court reporter should insert parentheticals at both the beginning and end of the audio transcription to denote the section that was captured by audio as well as reference in the certification that a portion of the transcript was captured by ESR. XIV. Sanctions 1. If any transcript is not delivered within the specified time delineated in Section XI (3) and (4) above, the charge assessable to the ordering party will be reduced unless the Clerk of the Court of Appeals expressly waives this requirement. 2. The rate of such reduction will be one percent (1%) reduced from the total bill for each three (3) full days that the transcript remains undelivered to the Clerk of the District Court beyond the due date. 3. Approval of an extension of time by the Court of Appeals pursuant to Fed. R. App. P. 11(b) does not constitute a waiver of the fee reduction requirement. A showing of extreme or unusual circumstances will be required to obtain a waiver. 4. Upon delivery of the transcript, the Clerk of the District Court will calculate the sanctions to be imposed and will notify the official, contract, or substitute 11 Case 1:24-mc-00004 Document 19-1 Filed 10/25/24 Page 12 of 13 court reporter and the Court of Appeals. This notice will be deemed a court order that sanctions will be paid. 5. Within ten (10) days of notice that sanctions have been imposed, the reporter will deliver to the Clerk of the District Court a copy of the billing rendered to the ordering party, showing the total original charge, the penalty reduction subtracted from the total and the net bill to be paid by the ordering party. A copy of each such bill will be forwarded to the Court of Appeals after receipt and review by the Clerk. 6. Nothing contained herein should be construed as approving untimely delivery of transcripts, nor should this provision be considered the only penalty that may be imposed by the Court or Circuit Council. 7. In addition, it is the policy of the Tenth Circuit Council that, irrespective of the imposition of monetary sanctions, any official, contract or substitute reporter who is unable to prepare a transcript within 90 days of the date it is ordered, or within the period of any extension beyond 90 days granted by the Clerk of the Court of Appeals which is accompanied by an express waiver of sanctions, will remove him or herself from the courtroom until the transcript has been filed with the District Court Clerk and will provide a substitute at his or her own expense. See the Guide, Volume 6, Chapter 5, §540. XV. Reports to be Filed 1. Each official court reporter will timely file with the AO the reports set forth below, pursuant to the Guide, Volume 6, Chapter 2, §290.40. The Clerk will certify that the following reports have been reviewed prior to submission to the AO. a. The Report of Attendance and Transcripts of United States Court Reporters (Form AO 40A) will be submitted quarterly during each calendar year to the District Court Administration Division of the Administrative Office of the United States Courts, Washington, D.C. 20544. It will be mailed, emailed, or submitted electronically via the Automated Court Reporter Application (ACRA). Once completed, the court reporter will provide a PDF copy to the Clerk or designee for review 14 days after the end of each quarter to allow for review and approval within the 20‐day deadline in the AO’s rules for ACRA submissions. 12 Case 1:24-mc-00004 Document 19-1 Filed 10/25/24 Page 13 of 13 b. The Statement of Earnings of the United States Court Reporters (Form AO 40B) will be submitted annually to the District Court Administration Division of the Administrative Office of the United States Courts, Washington, D.C. 20544. It will be mailed or submitted electronically via the web‐based ACRA and provided in PDF format to the Clerk or designee as described above in order for the report to be approved and submitted by April 15 of each year. c. Official court reporters will submit a quarterly report to the Clerk or designee reflecting the case file numbers for which transcripts have been requested, the due dates, the number of pages estimated for each transcript due, extensions requested, reasons for the extensions and estimated completion date for each transcript. XVI. Records to be Maintained by Court Reporters 1. In order to permit the routine audit and inspection of records, official court reporters must maintain accurate, legible, and up‐to‐date records of their expenses, attendance in court, transcript orders, and invoices. Such records shall be maintained on forms prescribed by the JCUS or comparable forms or software designed for federal court reporters that contain the required data and information. These forms shall include, but are not limited to, the following: a. AO 37 Expense Ledger b. AO 38 Attendance Ledger c. AO 39 Transcript Orders and Collections Ledger d. AO 44 Invoice XVII. Appellate Transcript Management Plan Adopted by the Tenth Circuit Judicial Council In supplementation of this Court Reporter Management Plan, official, contract, freelance, and substitute court reporters will comply with the “Appellate Transcript Management Plan for the Tenth Circuit,” attached as Appendix B to the Tenth Circuit Rules, Effective January 1, 2010. ### 13 Case 1:24-mc-00004 Document 19-2 Filed 10/25/24 Page 1 of 1 MINUTES OF THE JUDICIAL COUNCIL OF THE TENTH CIRCUIT October 22, 2024 The Judicial Council approved the Plan for Management of Court Reporting Services as submitted by the United States District Court for the District of New Mexico. The Judicial Council By: Leslee Fathallah Circuit Executive and Secretary to the Judicial Council of the Tenth Circuit
Official source: https://www.nmd.uscourts.gov/sites/nmd/files/general-ordes/24-MC-04-19_Adoption%20of%20the · retrieved 2026-07-23