Tex. R. Judi. Cert. Commi. 6.8

As amended through August 27, 2024

Rule 6.8 - Enforcement

(a) After notice and an opportunity for a hearing under Rule 5.10, the Commission may reprimand, impose an administrative penalty, or deny, suspend, revoke, or refuse to renew a shorthand reporter's certification for:

(1) fraud or corruption;

(2) dishonesty;

(3) willful or negligent violation or failure of duty;

(4) incompetence;

(5) fraud or misrepresentation in obtaining certification;

(6) a final conviction of an offense that directly relates to the duties and responsibilities of a certified shorthand reporter, as determined using the factors listed in Rule 3.5;

(7) engaging in the practice of shorthand reporting using a method for which the reporter is not certified or while certification is suspended;

(8) unprofessional conduct, including but not limited to:

(A) failing to deliver a transcript or statement of facts to a client or court in a timely manner as determined by statute, court order, or agreement;

(B) producing an inaccurate transcript or statement of facts;

(C) producing an incomplete transcript or statement of facts except upon order of a court, agreement of the parties, or request of a party;

(D) failing to disclose as soon as practical to the parties or their attorneys existing or past financial, business, professional, family, or social relationships, including contracts for court reporting services, that might reasonably create an appearance of partiality;

(E) advertising or representing falsely the qualifications of a certified shorthand reporter or that an unlicensed individual is a certified shorthand reporter;

(F) failing to charge all parties or their attorneys to an action the same price for an original transcript or statement of facts and failing to charge all parties or their attorneys the same price for a copy of a transcript or statement of facts or for like services performed in an action;

(G) failing to disclose in writing to all parties or their attorneys upon request at any time an itemization of all rates and charges to all parties or their attorneys;

(H) reporting any proceeding if the reporter is related to a party or their attorney within the second degree by affinity or consanguinity unless:

(i) as soon as practicable, the reporter discloses the relationship in writing to all parties and the court; and

(ii) either:

(A) no objection to the use of the reporter on the grounds of the relationship is made by any party or the court within a reasonable period after the disclosure; or

(B) the court enters an order finding that, under the circumstances, the relationship does not create an appearance of partiality and that good cause exists to permit use of the reporter;

(I) reporting a proceeding if the reporter is financially interested in the action or is associated with a firm that is financially interested in the action;

(J) failing to notify all parties or their attorneys of a request for a transcript or statement of facts, or any part thereof, in sufficient time for copies to be prepared and delivered;

(K) going "off the record" during a deposition when not agreed to by all parties or their attorneys unless ordered to do so by the court;

(L) giving directly or indirectly, benefiting from, or being employed as a result of any gift, incentive, reward, or anything of value to attorneys, clients, or their representatives or agents, except for nominal items that do not exceed $100 in the aggregate per recipient per year;

(M) failing to comply with the requirements of the Uniform Format Manual for Texas Court Reporters; and

(N) repeatedly committing to provide at a specific time and location court reporting services for an attorney in connection with a legal proceeding and unreasonably failing to fulfill the commitment under the terms of that commitment;

(9) entering into or providing services under a prohibited contract described by Section 154.115 of the Government Code; or

(10) committing any other act that violates Chapter 154 of the Government Code, a rule adopted under the Act, or a provision of the Code of Ethics.

(b) In this rule, an officer, director, or managerial employee of a shorthand reporting firm or affiliate office will be referred to as "a principal." After notice and an opportunity for a hearing under Rule 5.10, the Commission may reprimand, impose an administrative penalty, or deny, suspend, revoke, or refuse to renew the registration of a shorthand reporting firm or affiliate office for:

(1) fraud or corruption;

(2) dishonesty;

(3) conduct on the part of a principal if the principal orders, encourages, or permits conduct that the principal knows or should have known violates this chapter;

(4) failure of a principal to take reasonable remedial action to avoid or mitigate the consequences of conduct by a person who the principal knows or should have known violated this chapter and over whom the principal has direct supervisory authority;

(5) fraud or misrepresentation in obtaining registration;

(6) a final conviction of a principal of a felony or misdemeanor that directly relates to providing court reporting services, as determined under Rule 3.5;

(7) engaging the services of a reporter that the shorthand reporting firm or affiliate office knew or should have known was using a method for which the reporter is not certified;

(8) knowingly providing court reporting services while the shorthand reporting firm's or affiliate office's registration is suspended or engaging the services of a shorthand reporter whose certification was suspended if a principal knew or should have known of the suspension;

(9) unprofessional conduct, including:

(A) giving (directly or indirectly), benefiting from, or being employed as a result of giving any gift, incentive, reward, or anything of value to attorneys, clients, or their representatives or agents, except for nominal items that do not exceed $100 in the aggregate for each recipient each year- provided, however, that nothing in this rule should be construed to define providing value-added business services, including long-term volume discounts, such as the pricing of products and services, as prohibited gifts, incentives, or rewards; or

(B) repeatedly committing to provide at a specific time and location court reporting services for an attorney in connection with a legal proceeding and unreasonably failing to fulfill the commitment under the terms of that commitment;

(10) entering into or providing services under a prohibited contract described by Section 154.115 of the Government Code;

(11) failure on the part of at least one principal for the court reporting firm to obtain continuing education in accordance with Rule 6.9; or

(12) committing any other act that violates Chapter 154 of the Government Code, a rule adopted under the Act, or a provision of the Code of Ethics.

(c) When a certified shorthand reporter or court reporting firm reports an alleged violation to the Commission pursuant to the reporting obligation in the Code of Ethics, the information must be provided in writing and must be signed by the person providing the information and accompanied by pertinent documentation, if any.

Tex. R. Judi. Cert. Commi. 6.8

Amended and renumbered effective 6/16/2020 immediately; amended effective 11/17/2023.