N.M. R. Rcdg. Jud. Proc. 22-203

As amended through August 23, 2024

Rule 22-203 - Application; qualifications; renewal of certification

A.Application. An applicant seeking certification as a certified court reporter or certified court monitor shall apply on forms approved by the board and obtainable from the board.

B.Qualifications. Prior to the issuance of a certificate as a New Mexico certified court reporter or court monitor, an applicant must meet the following minimum qualifications:

(1) be of good moral character;

(2) possess a certificate or diploma evidencing graduation from high school;

(3) if the applicant is a court reporter, the applicant must demonstrate reasonable proficiency in making verbatim records of judicial or related proceedings by means of machine shorthand. If the applicant is a court monitor, the applicant must demonstrate reasonable proficiency in the operation of audio recording devices. "Reasonable proficiency" must also be demonstrated in the creation of tapes or other audio logs. For the purpose of this rule, the applicant's demonstration of "reasonable proficiency" shall be determined by the applicant's ability to pass an examination for certification approved by the board pursuant to these rules;

(4) be in compliance with the Rules Governing the Recording of Judicial Proceedings and any rules and regulations adopted by the Supreme Court;

(5) be in compliance with all support obligations as provided in the Parental Responsibility Act, Sections 40-5A-1 through 40-5A-13 NMSA 1978; and

(6) pay the appropriate annual certification fee.

Once the applicant has met and satisfied the above qualifications, the board shall issue the applicant a certificate as a New Mexico certified court reporter or court monitor. The reporter certificate shall be valid until December 31 of the year of its issuance. The court monitor certificate shall be valid until July 31 of the year following the year of issuance.

C.Renewals. A person holding a certificate as a New Mexico certified court reporter or court monitor shall be responsible for applying for an annual renewal of that certificate, on forms approved by the board. Upon receipt of the appropriate renewal application, continuing education activities reporting form, the annual certification fee and the continuing education reporting fee, the board shall issue the applicant a one-year renewal certificate or other appropriate document evidencing that the applicant is licensed as a New Mexico certified court reporter or court monitor unless the applicant:

(1) is found by the board to be, or to have been in violation of these rules or any rules or regulations of the board;

(2) has not been actively practicing for three (3) years;

(3) cannot demonstrate reasonable proficiency, if required to do so;

(4) has not complied with the Parental Responsibility Act [40-5A-1 to 40-5A-13 NMSA 1978], if applicable; or

(5) has failed to comply with continuing education requirements, if applicable.

The board shall revoke the license of a court reporter or court monitor who has failed to comply with the annual renewal requirements.

N.M. R. Rcdg. Jud. Proc. 22-203

Adopted, effective 8/1/1977; as renumbered and amended effective 1/1/1983; as amended, effective 2/15/1986;4/1/1989;12/1/1993;1/1/1996;6/8/1998;2/16/2004; as amended by Supreme Court Order No. 11-8300-047, effective 1/27/2012.

ANNOTATIONS The 2011 amendment, approved by Supreme Court Order No. 11-8300-047, effective January 27, 2012, eliminated the requirement that court reporters be proficient in using pen, machine shorthand or realtime voice-to-print technology; in Subparagraph (3) of Paragraph B, in the first sentence, after "related proceedings by means of", deleted "pen or" and after "machine shorthand", deleted "or realtime voice-to-print technology", deleted the former second sentence, which required a reporter to be certified for the method by which the reporter was tested, and deleted the former third sentence, which required reporters who wished to change the method of reporting to become certified in the alternative method. The 2003 amendment, effective February 16, 2004, substituted "certified court" for "tape" preceding "monitor" in both Paragraph A and the first sentence of Paragraph C and, in Paragraph B, "tape" for "court" in the introductory language, the fourth sentence of Subparagraph (3), and the first sentence of the last paragraph, in Subparagraph (3) of that Paragraph B inserted "or real time voice-to-print technology" in the first sentence, deleted "approved by the board" at the end of the fourth sentence, inserted the fifth sentence, and substituted "approved by the board pursuant to these rules" for "given by the board, any member of the board or any person or entity designated by the board with the authority to give such examination" in the last sentence, and inserted "court" in the last sentence of that paragraph, and in Paragraph C substituted "an annual renewal of that certificate" for "a renewal of that certificate, including demonstrating compliance with continuing education requirements where applicable, and shall submit the application in" and deleted "which shall include demonstrating compliance with the Parental Responsibility Act, if applicable, prior to the expiration date of the certificate" at the end of the first sentence, and substituted "continuing education activities reporting form, the" for " and continuing education activities reporting form, together with, the appropriate" and "one-year renewal" for "new," inserted "the" following "and," and deleted "for an additional term of one (1) year" following "monitor" in the last sentence of the introductory paragraph, designated formerly undesignated text as Subparagraphs (1), (2), and (3), substituted "any rules or regulations of the board" for "in violation of any rules or regulations of the board; or unless the applicant, who" in Subparagraph (1), inserted Subparagraphs (4) and (5), and rewrote the last paragraph. The 1998 amendment, effective June 8, 1998, renumbered Subparagraph B(5) as B(6) and added a new Subparagraph B(5); and added "which shall include demonstrating compliance with the Parental Responsibility Act, if applicable," near the end of the first sentence in Paragraph C. The 1996 amendment, effective January 1, 1996, in Paragraph C, rewrote the first sentence and the beginning clause of the second sentence. The 1993 amendment, effective December 1, 1993, in Subparagraph B(3), deleted "stenomask" from the end and made related changes, added the second sentence, and inserted "audio" and substituted "board" for "administrative office of the courts" in the third sentence; inserted "annual" in Subparagraph B(5); inserted "following the year" near the end of the last paragraph in Paragraph B; deleted "to the administrative office of the courts" following "board" in the first sentence and deleted "out of four (4)" preceding "years" in the second sentence of Paragraph C; and deleted former Paragraph D relating to inactive status.