No. 2025-6
MANAGEMENT PLAN
FOR COURT REPORTING
AND RECORDING SERVICES
FOR THE
EASTERN DISTRICT OF WASHINGTON
Adopted by the Court
on January 24, 2025
Reapproved by the Ninth Circuit Judicial
Council on February 25, 2025
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Table of Contents
Contents
I. Adoption and Applicability ....................................................................................3
II. Court Reporters’ Statutory Duties ..........................................................................3
III. Appointment and Elements of Employment ..........................................................4
IV. Court Reporters/Recorders Are Assigned a Regular Tour of Duty.........................5
V. Retention and Separation of Fully Qualified Court Reporters ................................6
VI. Court Reporters/Recorders Required to Cover all of the Court’s Reporting Needs
................................................................................................................................6
VII. Equitable Distribution of Work Among Court Reporters.......................................7
VIII. Minimizing Travel of Official Staff / Contract Court Reporters ............................8
IX. Delineating the Need for Contract Court Reporter Service ....................................8
X. Court Reporters Engaging in Private Reporting Work ...........................................9
XI. Supervision of the Relationship Between Parties and Court Reporters ..................9
XII. Procedures for Accepting Transcript Orders, Delivery, and Billing.......................9
XIII. Delivery and Filing of the Transcript ...................................................................10
XIV. Avoidance of Transcript Backlogs and Assuring Prompt Delivery of Transcripts
..............................................................................................................................11
XV. Prohibiting Accelerated Transcript Costs .............................................................12
XVI. Timely Submission of Records and Reports ........................................................13
XVII.Electronic Sound Recording System Storage.......................................................14
XVIII.Provision of Judicial Data Communications Network (DCN) Access to Staff
Court Reporters ....................................................................................................14
XIX. Provision of Realtime Court Reporting ................................................................15
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MANAGEMENT PLAN
FOR COURT REPORTING AND RECORDING SERVICES
I. Adoption and Applicability
This Plan, for the effective utilization of court reporters/recorders in the
Eastern District of Washington, is applicable to all reporters/recorders employed
by the Court. The Plan was adopted by this Court on January 24, 2025, and
approved by the Ninth Circuit Judicial Council on February 25, 2025.
II. Court Reporters’ Statutory Duties
A. Court reporters’ duties and conditions of employment are primarily
determined by 28 U.S.C. § 753, the Judicial Conference, and the Court. Guide to
Judiciary Policy, Vol. 6, § 120 and § 290.20.
B. As a condition of employment, a court reporter must:
1) Attend and record verbatim by shorthand or mechanical means such
Court sessions or other proceedings, as specified by statute, rule, or order of
the Court;
2) Promptly transcribe and certify such parts of the record of proceedings
as may be required by any rule, order or direction of the judge or Court,
including all arraignments, pleas, and proceedings in connection with the
imposition of sentence in criminal cases unless they have been recorded by
electronic sound recording. Original records, transcripts or sound recordings
so taken shall be certified by the court reporter and filed with the clerk at no
charge to the Court;
3) Promptly transcribe the proceedings requested by a party who has
agreed to pay the fees established by the Judicial Conference;
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4) Certify and file transcripts and notes pursuant to the Guide to
Judiciary Policy, Vol. 6, § 290.20.30; and
5) Perform administrative duties pursuant to the Guide to Judiciary
Policy, Vol. 6, § 290.20. 50.
C. Court reporters/recorders employed by the Court shall adhere to the
requirements established by, and perform their duties in accordance with statute,
Judicial Conference Policy, the Judicial Code of Conduct, the Guide to Judiciary
Policy, WAED Personnel Manual for Clerk’s Office and Court Reporters, orders of
this Court, and this Plan.
III. Appointment and Elements of Employment
A. Court reporters shall be appointed in accordance with the provisions
of 28 U.S.C. § 753(a), the policies and procedures of the Administrative Office of
the United States Courts and the Judicial Conference of the United States.
B. Court reporters are employed by the Court en banc and shall retain
employment at the will of the Court en banc pursuant to Judicial Conference
Policy. Guide to Judiciary Policy, Vol. 6, § 220(b). Court Reporters do not
work for a particular judge.
C. All initial appointments of court reporters will be on a probationary
basis. Guide to Judiciary Policy, Volume 6, § 220.50.
WAED Structure/Requirements:
1) All initial court reporter appointments shall be on a probationary basis
for a period of one year.
D. The Chief Judge of the Eastern District of Washington is responsible
for the management and supervision of court reporting/recording services. The
Chief Judge delegates responsibility for supervision, oversight, management and
administration of court reporter/recording services to the Clerk. This delegation is
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inclusive of responsibility for enforcement of statutory, court policy and national
policy requirements upon court reporters/recorders. The supervisor will carry out
the requirements of the Judicial Conference, assigning reporting tasks in such a
manner that resources are fully and efficiently utilized. The Clerk may delegate
some or all of these responsibilities to the Chief Deputy Clerk of Court. The Clerk
shall maintain a detailed listing of the duties and responsibilities inherent through
this delegation in the Eastern District of Washington Court Reporter Manual.
E. Court reporters/recorders shall be subject to governance through the
WAED Personnel Manual for Clerk’s Office and Court Reporters.
IV. Court Reporters/Recorders Are Assigned a Regular Tour of Duty
A. Full-time court reporters/recorders are placed on a “regular tour of
duty” (8:00 a.m. to 5:00 p.m., Monday through Friday) effective February 1, 1992,
and are permitted to earn annual and sick leave pursuant to the Leave Act, 5 U.S.C.,
Chapter 63, subchapter I.
B. Part-time court reporters/recorders are placed on a regular tour of duty
consisting of a pre-specified number of work hours per week, responsive to the
needs of the Court. These positions are also permitted to earn annual and sick
leave pursuant to the Leave Act, 5 U.S.C., Chapter 63.
C. Court reporters/recorders are governed by the leave regulations
contained in the Guide to Judiciary Policy, Vol. 12, Ch. 9, Leave and Attendance.
WAED Structure/Requirements:
Leave records for official staff court reporters shall be maintained by the
Clerk of Court in the same manner as those of deputy clerks. Annual leave shall
only be taken at times approved by the Chief Deputy Clerk of Court, the Clerk or by
the Chief Judge. All requests for leave shall be submitted in accordance with the
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WAED Personnel Manual for Clerk’s Office and Court Reporters.
V. Retention and Separation of Fully Qualified Court Reporters
A. Pursuant to the Guide to Judiciary Policy, Vol. 6, § 220.60, the Court
shall, when possible, give a reasonable notice of termination when said termination
is necessary to reduce the reporting staff due to reduced workload. The Court will
attempt first to accomplish this reduction through relocation or attrition.
B. Competence may be the primary consideration in deciding which
reporters are to be retained. There is no requirement that a Court give preference
to a reporter with seniority.
WAED Structure/Requirements:
C. Court reporters who do not perform in a competent and satisfactory
manner or do not comply with requirements of this Plan shall be subject to
dismissal.
D. Whenever a court reporter is separated (resigns, retires or is
dismissed) he or she will be required to meet with the Clerk or his/her designee to
properly “out-process” the court unit, to include the preparation and execution of a
certification form regarding his/her responsibilities for:
1) The filing of all official notes and audio recordings; and
2) The preparation of all transcripts which are currently ordered but not
yet filed or which might be ordered after separation.
VI. Court Reporters/Recorders Required to Cover all of the
Court’s Reporting Needs
A. The number of reporters assigned to the Court shall be determined by
the Judicial Conference of the United States, 28 U.S.C. § 753(a). Reporting
resources are allocated based on the number of active district judges and the
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activity of senior judges. These resources are assigned to the entire Court. Guide to
Judiciary Policy, Vol. 6, § 280.
B. As a general rule, electronic sound recording equipment should be
used to record proceedings conducted before a magistrate judge. Where the
magistrate judge determines a court reporter is required by specific rule or statute,
or by the particular circumstances of an individual case, the Chief Deputy Clerk of
Court or his/her designee should assign one of the official staff court reporters.
Guide to Judiciary Policy, Vol. 6, § 410(b).
VII. Equitable Distribution of Work Among Court Reporters
A. The Court shall maintain efficient and cost-effective procedures that
will provide for the recording of all proceedings required by law, without
delaying the proceedings, and in such a manner that transcripts requested are
delivered within the time and cost requirements of the Judicial Conference.
Guide to Judiciary Policy, Vol. 6, §290.30.10.
WAED Structure/Requirements:
B. In order to ensure (1) an equitable distribution of work among court
reporters and recorders; and (2) the Court's reporting service needs are met, court
reporters/recorders are pooled and assigned to courtroom duties by the Chief
Deputy Clerk of Court or his/her designee. The Chief Deputy Clerk of Court or
his/her designee shall ensure that, to the greatest extent possible, each
reporter/recorder works an equal number of hours in court. Assignments shall be
made to maximize utilization of a court reporter/recorder in his/her official duty
station and minimize out-of-district and intra-district travel.
C. During a court reporter/recorder’s regular tour of duty, he/she may be
required to report/record in court, in chambers, video conference, telephonic
proceedings, and judge investiture ceremonies, and any other ceremonies over
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which a judge presides that are considered court proceedings, prepare transcripts
and required reports, and any case administration or quality control (operations
support) necessary to support the mission of the Court.
VIII. Minimizing Travel of Official Staff / Contract Court Reporters
A. Court reporter travel is governed by the Guide to Judiciary Policy,
Vol. 6, § 270 and Guide to Judiciary Policy, Vol. 19, Chapter 4, Judiciary Staff
Travel Regulations.
B. A contract court reporter may be authorized to travel under the same
circumstances as official staff reporters; however, their travel expenses are paid
or reimbursed for travel expenses to the extent provided in the contract. Guide
to Judiciary Policy, Vol. 6, § 270.40.
C. Official staff court reporters have been assigned to each of the court
locations in the Eastern District of Washington. This results in cost containment
for official staff court reporter travel, contract court reporter hiring, and contract
court reporter travel. The Chief Deputy Clerk of Court will conduct a cost
comparison between authorizing official staff court reporter travel to alternate
court points within the district and hiring a contract court reporter and will select
the option of least cost.
IX. Delineating the Need for Contract Court Reporter Service
A. Contract reporters serve the Court under a contract as provided under
28 U.S.C. § 753(g), under delegation procurement authority from the Director of
the Administrative Office. Guide to Judiciary Policy, Vol. 6, § 450.10.
B. Prior to employing contract court reporters, the Court shall make
every effort to fully utilize its official reporting staff. Through scheduling, the use
of temporary or contractual services is to be minimized to every extent practicable.
Guide to Judiciary Policy, Vol. 6, § 450.20.10(b).
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C. Reporting services for senior judges shall be provided through a
combination of official court reporters and contract reporting services.
WAED Structure/Requirements:
D. Contract/freelance reporters may be utilized in the place of official
staff reporters on authorized leave pursuant to the terms of the Leave Act when no
official staff reporter is available to replace the reporter on such leave.
X. Court Reporters Engaging in Private Reporting Work
Pursuant to Judicial Conference Policy (JCUS-MAR 83), whenever there is a
conflict between official and private reporting work, the court reporter must
postpone private reporting work. All private reporting activities must be
approved by the Court.
XI. Supervision of the Relationship Between Parties and Court Reporters
A. The Chief Deputy Clerk of Court or his/her designee must monitor
all orders for transcripts and the relationship between court reporters and those
requesting transcripts. Guide to Judiciary Policy, Vol. 6, § 510.35(c).
B. Court reporters, in dealing with parties requesting transcripts, must
maintain a professional relationship and provide timely quality service. Guide to
Judiciary Policy, Vol. 6, § 510.35(a).
C. Court reporters must promptly transcribe the proceedings requested by
a judicial officer or a party who has agreed to pay the fees established by the
Judicial Conference and any proceedings that a judge or the Court may direct.
XII. Procedures for Accepting Transcript Orders, Delivery, and Billing
A. In their dealings with parties requesting transcripts, court
reporters/recorders are governed by and shall perform the responsibilities outlined
in the Guide to Judiciary Policy, Vol. 6, Ch. 5.
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B. Transcripts may be sold via electronic media in PDF, American
Standard Code for Information Interchange (ASCII) format, or other format
requested by the ordering party and agreed to by the court reporter or transcriber,
whether they represent originals, first copies, or additional copies. Court reporters
and transcribers must produce paper originals and paper copies at the Judicial
Conference rates when ordered by parties. Guide to Judiciary Policy, Vol. 6, §
510.30.
C. Court reporters shall not charge fees for transcripts of official
proceedings which exceed those recommended by the Judicial Conference of the
United States.
WAED Structure/Requirements:
D. Pursuant to the Guide to Judiciary Policy, Vol. 6, § 530.10, the
Eastern District of Washington hereby adopts the transcript fee schedule
established by Judicial Conference. See: Current maximum transcript rates
E. Requests made to court reporters for transcripts to be prepared, either
from steno-reported proceedings or from audio recordings, from parties outside of
the court employment shall be in writing/email. Requests to court reporters for
transcript preparations made by judges and court staff may be made
telephonically/orally.
XIII. Delivery and Filing of the Transcript
A. Court reporters must file with the Clerk of Court, for the record of the
Court, an original copy of all transcripts prepared. Official staff court reporters will
docket the transcript directly into the Court docket using the Court's CM/ECF filing
system. Contract court reporters will submit via email to the Clerk's Office for
docketing into the court record. Guide to Judiciary Policy, Vol. 6, § 290.20.20(b).
1) Official staff court reporters shall file a certified transcript into the
Court’s CM/ECF filing system no later than three working days after
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delivery to the requesting party. Guide to Judiciary Policy, Vol. 6, §
290.20.20.
2) When a contract court reporter produces a transcript, at the request
of a party or a judge, the contract reporter must concurrently deliver a copy
to the Clerk of Court at no charge. Guide to Judiciary Policy, Vol. 6, §
510.25(a)(2).
WAED Structure/Requirements:
B. A schedule of the prescribed fees shall be posted on the Court’s public
website and can be found Federal Court Reporting Program | United States Courts
(uscourts.gov) . Transcripts not delivered within the specified time periods
prescribed by the Court are subject to the late delivery of transcripts fee reduction
policy established by the Judicial Conference of the United States. (JCUS-Mar
82, p.10)
C. The Chief Deputy Clerk of Court shall collect and review a random
sampling of transcripts throughout the calendar year to audit transcript quality and
timeliness in accordance with The Eastern District of Washington Court Reporter
Manual.
XIV. Avoidance of Transcript Backlogs and Assuring Prompt
Delivery of Transcripts
A. Cases appealed to the United States Court of Appeal require the
timely transmission of the record from the lower Court. Guide to Judiciary Policy,
Vol. 6, § 540.
B. A district judge or the chief judge of a circuit may appoint a substitute
reporter in the event a court reporter is unable to complete transcripts in a timely
fashion. In addition, the court may direct a court reporter who is unable to
complete transcripts on time to hire a substitute at the reporter’s expense to record
proceedings while the reporter works on the backlog of transcripts. Guide to
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Judiciary Policy, Vol. 6, § 440.60(a).
C. Substitute reporters shall be employed to service the requirements of
the district judge where the official staff court reporter is unable to complete his [or
her] transcripts in a timely fashion and the salary of the official staff reporter is
subject to withholdings not to exceed the sum necessary to compensate the
substitute reporter until the transcripts are current. Guide to Judiciary Policy, Vol.
6, § 440.60 (b).
WAED Structure/Requirements:
D. A court reporter shall not use substitute reporters without the prior
approval of the Clerk or his/her designee and must obtain advance approval from
the Chief Deputy Clerk of Court prior to hiring a substitute reporter.
E. This provision does not prohibit other official staff reporters from
assisting in producing such transcripts if there are no other proceedings to report
and when no transcript backlog will result for the court reporter(s) providing
assistance.
XV. Prohibiting Accelerated Transcript Costs
Routine apportionment of accelerated transcript costs among parties in
Criminal Justice Act (CJA) cases is prohibited. Recognizing that there are some
circumstances in which such transcript services are necessary and required by
either the prosecution or the defense, or both, accelerated transcript services may be
provided, and in those cases the party from whom the request or order emanates
shall pay for the original, and if the requesting or ordering party is other than
defense counsel appointed under the Criminal Justice Act, the CJA counsel shall be
entitled to a copy at the copy rate. Guide to Judiciary Policy, Vol. 7A, §320.30.20
and Judicial Conference Policy (JCUS-SEP 86).
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XVI. Timely Submission of Records and Reports
A. As part of their salaried tasks, all official staff court reporters must
complete Form AO40A, Attendance and Transcripts of U.S. Court Reporters,
quarterly and Form AO40B, Statement of Earnings of U.S. Court Reporters,
yearly, and submit the completed forms to the Chief Deputy Clerk of Court or
his/her designee for review and signature. These forms shall be reviewed by
the Clerk or his/her designee to ensure that the information is complete and
accurate prior to submission to the Administrative Office of the US Courts. If
these reports are not submitted within the time limitations set by the Judicial
Conference Guide to Judiciary Policy, Vol. 6, § 290.40, Records and Reports,
the Conference has authorized the Administrative Office to withhold court
reporter salary payments. JCUS-MAR 71, p. 28.
B. To complete Form AO40A and Form AO40B, official staff court
reporters must maintain accurate and auditable records. For the purpose of
completing the required forms, the following information (forms) must be
completed and maintained. Guide to Judiciary Policy, Vol. 6, § 290.40.60
C. AO37 Expense Ledger;
D. AO38 Attendance Ledger;
E. AO39 Pending Transcript Report, and
F. AO44 Invoice.
WAED Structure/Requirements:
All monthly court reporter reports and records shall be filed pursuant to the
guidelines and timelines established and maintained in the
The Eastern District of Washington Court Reporter Manual.
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XVII. Electronic Sound Recording System Storage
A. Pursuant to the Guide to Judiciary Policy, Vol. 6, § 350.40, the Clerk
of Court is responsible for the efficient and effective functioning of electronic
sound recording systems.
WAED Structure/Requirements:
B. Court recorders shall upload audio files created under a unique user
ID and Password to the Court’s secure server at the close of each business day.
C. The Chief Deputy Clerk of Court or his/her designee shall serve as
the official administrator of the Court’s secure server and as such shall be
responsible for the timely retrieval and delivery of audio recordings deposited and
stored thereon in response to requests made by the Court or a party.
D. The Chief Deputy Clerk of Court or his/her designee shall arrange
for the copying or transcription of audio recordings, in full or in part, as may be
requested/directed by the Court or a party. Audio recordings shall be transcribed
by official staff court reporters and/or transcription services.
E. The Chief Deputy Clerk of Court or his/her designee shall monitor
audio transcript production, formatting, and fees.
XVII. Provision of Judicial Data Communications Network (DCN)
Access to Staff Court Reporters
Access to the Data Communications Network (DCN) must be through
government-owned equipment unless approved. The Court has approved
the application of “remote connection of personal laptop to the DCN” to
staff reporters’ personal laptops connected to the DCN in the courtroom to
provide Realtime transcription to the Court. Guide to Judiciary Policy,
Vol. 6, § 260.45.
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XVIII. Provision of Realtime Court Reporting
Realtime technical standards and guidelines governing the implementation
and use of Realtime reporting systems have been developed and are set out in
Guide to Judiciary Policy, Vol. 6, § 320.
For purposes of this Plan, “Realtime” includes the following services:
• The instantaneous and unedited transcription of the proceedings
delivered with appended notes electronically onto a computer
monitor during or immediately following the proceedings; and
• The ability for recipients to scroll forward and backward, search
the record for key words or phrases and mark portions of the
text using viewer/annotation software.
WAED Structure/Requirements:
a. Only official staff court reporters who have successfully
completed the National Court Reporter Association (NCRA) Certified
Realtime Reporter (CRR) examination or who have passed an equivalent
qualifying examination are recognized as federal certified realtime
reporters and are thereby permitted, but not required, to sell realtime
transcription.
b. When realtime services are requested by a party to the case, the Chief
Deputy Clerk of Court or his/her designee shall assign the properly qualified court
reporter to the proceeding. The assigned certified realtime reporter may charge and
collect the per page rate for the realtime unedited transcription.
c. Official certified realtime court reporters shall offer comparable
services to all parties to the proceeding.
d. Certified realtime reporters may not provide realtime services to
anyone who is not a party to the case without prior approval of the presiding judge.
e. Realtime unedited transcription may not be used for any purpose that
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requires a certified transcript of a proceeding.
f. The Chief Deputy Clerk of Court or his/her designee shall monitor
realtime transcript production and billing pursuant to the established guidelines.
g. All parties requesting realtime services will be responsible for
providing their own computers, viewer/annotation software, and monitors. Upon
the request of the parties, reporters may make equipment and software available.
The certified realtime reporter will provide wiring necessary for his or her
equipment. The Court’s IT department shall maintain realtime feeds to Court
personnel. Guide to Judiciary Policy, Vol. 6, § 320.70.50.
APPROVED this 8th day of January, 2025.
STANLEY A. BASTIAN
Chief United States District Judge
THOMAS O. RICE
United States District Judge
MARY K. DIMKE
United States District Judge
REBECCA L. PENNELL
United States District Judge
ROBERT H. WHALEY
Senior United States District Judge
EDWARD F. SHEA
Senior United States District Judge
LONNY R. SUKO
Senior United States District Judge
ROSANNA MALOUF PETERSON
Senior United States District Judge
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