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IN THE UNITED STATES DISTRIQAS. Cg:mlRi£1 CT COU RT
FOR THE DISTRICT OF WYOMING
AMENDED COURT REPORTER MANAGEMENT PLAN
The following court reporter management plan is adopted by
the United States District Court for the District of Wyoming,
subject to approval by the Tenth Circuit Judicial Council.
I. Utilization of Reporters
The court reporters shall be assigned to active judges as a
matter of convenience. However, when necessary a court reporter
may be temporarily reassigned by the Clerk to another active
judge of the District, a magistrate judge, or a visiting district
judge. Court reporters may also be required to report official
activities of special masters and/or land commissioners.
The official court reporter assigned to the Honorable
Clarence A. Brimmer in Cheyenne shall not be required to be in
full-time attendance at court, provided that another official
court reporter, or a competent substitute certified court
reporter is provided without expense to the United States. The
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official court reporter~ shall handle all such assignments of
herself or her employee court reporters for each court
proceeding, as well as proceedings in chambers, such as telephone
motions and pretrial conferences. The judges of this Court shall
not be required to supervise or monitor such assignments.
The official court reporter at Casper and the official court
reporter assigned to the Honorable Alan B. Johnson in Cheyenne
shall be required to be in full-time attendance at the court. If
at any time the official court reporter is unable to perform
duties due to illness or approved annual leave, a competent
substitute certified court reporter shall be provided at the
expense of the court.
II. Magistrates and Other Assignments
Provision has been made for use of electronic recording
equipment by the magistrate judges of this court, the magistrate
judges, when need arises, shall be entitled to use the court
reporters' services. The magistrate judge shall determine which
means is to be used.
III. Electronic Sound Recording of Proceedings
Each judge of this Court shall determine whether reporting
of official proceedings in his or her court shall be by certified
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court reporter or by electronic sound recording in accordance
with Volume VI, Chapter XVI, Guide to Judicial Policies and
Procedures.
In the event that a judge elects to use electronic sound
recording as the official record of proceedings in the Court, the
electronic technician-operator of the sound recording equipment
shall be an employee of the office of the Clerk of the District
Court. The Clerk of Court shall be responsible to provide during
all business hours or at any time needed by the Court a competent
substitute to provide such services in the event that the
electronic sound recording technician is not available.
IV. Fees
Fees for transcripts of official proceedings shall be those
adopted by the Court from time to time, but fees shall not exceed
those fees recommended by the Judicial Conference of the United
States.
V. Times for Delivery of Transcripts
Transcripts of official proceedings of this district for the
purpose of appeal shall be delivered to the ordering party and/or
filed with the Clerk of the District of Wyoming within the time
prescribed by the Court of Appeals of the Tenth Circuit, or any
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extension obtained therefrom. Transcripts being produced for use
by judicial officers of this Court shall be delivered to the
ordering party and/or filed with the Clerk of Court within the
time prescribed by that judicial officer.
VI. Court Reporter Coordinator
The court reporter coordinator shall be the Clerk of the
District Court for the District of Wyoming or the Clerk's
designee, who shall be responsible for:
A. Monitoring the preparation and filing of transcripts,
and ensuring compliance with this Plan;
B. Bringing to the attention of the Clerk of the Court of
Appeals violations of this plan, which cannot be resolved
locally; and,
C. Ensuring that communications are forwarded to and
received by the appropriate parties.
VII. C.J.A. Transcripts
A. All transcripts produced for and on behalf of Criminal
Justice Act defendants shall be billed on C.J.A. Form 24, copies
of which shall be furnished by the Clerk of Court. The Clerk of
Court shall assist the ordering party in the proper preparation
of the C.J.A. Form 24; and court reporters shall promptly furnish
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the necessary information to ensure timely completion of the
form.
B. The court reporter coordinator is designated to verify
receipt of C.J.A. transcripts and shall ascertain the propriety
of each voucher before submitting the same to the appropriate
judicial officer for approval. Payment shall be made by the
Clerk of Court upon approval of the judge or magistrate judge as
may be appropriate.
VIII. Daily Transcripts
Production of daily or hourly transcripts shall not be
subsidized by the court. If extra reporters are required to
provide such transcript, the cost of such reporters shall be paid
by the official reporter out of the earnings derived from the
higher transcript rates as established by the Judicial Conference
of the United States.
IX. Filing of Shorthand Notes and Electronic Recordings
A. The shorthand or stenotype notes prepared by the
official court reporters and employees of the official court
reporters will be maintained at their offices. Notes of contract
reporters, if any, will be certified and filed with the Clerk of
Court within ninety (90) days of completion of the proceedings.
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B. Pursuant to the provisions of Title 28, United States
Code, Section 753(b), reporters must transcribe and certify all
arraignments, pleas and proceedings in connection with the
imposition of sentence in criminal cases unless they have been
recorded by electronic sound recording and such recordings have
been certified and maintained in the office of the official court
reporter or in the office of the Clerk of Court. Official and
contract court reporters shall file with the Clerk transcripts of
such proceedings within thirty (30) days of their occurrence
unless an electronic recording device was utilized, in which
event the electronic recording, accompanied by certification of
the official reporter, or the electronic technician-operator
designated to produce the record shall be filed as soon as the
recording has been completed.
X. Hours
Unless otherwise approved by the appointing judge, the
reporter shall be in the courthouse during the periods of time
when not reporting; however, in those instances where the
reporter has been excused or may not be present in the
courthouse, telephone availability will be maintained with the
Clerk of Court to ensure that if an emergency arises, the court
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reporter can be made available within thirty (30) minutes.
Freelance reporting, that is reporting not related to
official duties, shall be permitted to the extent that it does
not interfere with the normal operation of the court, subject to
approval by the appointing judge.
XI. Reports
Reports should be filed with financial management division
of the Administrative Office, United States Courts.
The following reports are to be filed by each official
reporter:
A. Report of attendance and transcription of the United
States Court Reporters (AO Form 40A) shall be submitted quarterly
during each calendar year of official reporting. A report for
each calendar quarter is to be mailed to the Court Reporting and
Interpreting Section, Court Administration Division, Financial
Management Division, Administrative Office of the United States
Courts, Washington, D. C. 20544, so that it reaches that office
within twenty (20) days after the end of a quarter, a copy of
which will be directed to the court reporter coordinator of this
Court.
B. The statement of earnings of United States Court
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Reporters (AO Form 40B) shall be submitted annually by all
official court reporters. The report shall be mailed to the
Financial Management Division, Administrative Office of the
United States Courts, Washington, D. C. 20544, within sixty (60)
days after the end of the calendar years, a copy of which will be
directed to the Clerk of this Court. This report shall be kept
confidential by the Clerk.
The above Plan for effective utilization of court reporters
is hereby adopted and shall become effective on September 2,
2003.
(I)~fo h.z-V
Dated this ,2Jn4 day of september, 2003.
~~2~
C. Beaman
STATES MAGISTRATE JUDGE
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