J(1) Ethics Section
J. Code of Conduct. The following code of conduct is adopted by the supreme court to apply to all certified reporters pursuant to Title 32, Chapter 40, Arizona Revised Statutes. The purpose of this code of conduct is to establish minimum standards for performance by certified reporters.
1. Ethics.
a. A certified reporter shall avoid impropriety and the appearance of impropriety in all professional activities, shall respect and comply with the laws and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judicial system.
b. A certified reporter shall exercise fairness and impartiality toward each participant in all aspects of reported proceedings and always offer to provide comparable service to all parties in a proceeding.
c. A certified reporter shall have no personal or financial self-interest in the reporting of a proceeding and shall exercise caution to avoid any appearance of self-interest.
d. A certified reporter shall be alert to situations that are conflicts of interest that may give the appearance of a conflict of interest or create an appearance of partiality.
e. A certified reporter shall promptly make full disclosure to all parties or their representatives of any relationships which may give the appearance of a conflict of interest or partiality.
f. A certified reporter shall refrain from knowingly making misleading, deceptive, untrue or fraudulent representations while in the practice of reporting. A certified reporter shall not engage in unethical or unprofessional conduct that is harmful or detrimental to the public in the practice of reporting. Proof of actual injury is not required.
g. A person holding a certificate under this section shall not enter into an employment, independent contractor, or agency relationship, which requires the certificate holder to:
(1) Relinquish control in a manner that prevents the certificate holder’s monitoring, oversight and review of the preparation, production and distribution of the transcript and copies of the transcript before it is certified and delivered to the custodial attorney;
(2) Relinquish control in a manner that prevents the certificate holder’s inspection and copying of records of charges, billings, and invoicing to all parties relating in any way to the reporting of the proceedings or cases and production of the transcript provided by the certificate holder and any products or services ancillary thereto;
(3) Provide special financial terms or other services that are not offered at the same time and on the same terms to all other parties in the litigation;
(4) Give any economic or other advantage to any party, or their attorney, representative, agent, or insurer; or
(5) Expressly or impliedly requires the certificate holder reporting any proceeding or case to perform court reporting services in any other proceeding or case at a specific rate of compensation or compels, guarantees, regulates, or controls the use of particular court reporting services in other proceedings or cases.
This subsection shall not apply to contracts for certified reporting services for the courts, agencies, or instrumentalities of the United States or of the State of Arizona.
h. A reporter shall not take a deposition if the certified reporter is:
(1) A party to the action;
(2) A relative, employee, or attorney of one of the parties;
(3) Someone with a financial interest in the action or its outcome; or,
(4) A relative, employee, or attorney of someone with a financial interest in the action or the outcome. For the purposes of this subparagraph, “employee” or “relative” shall not include an employee or relative of the attorney or one of the parties.
(5) An “employee” includes a person who has a continuing contractual relationship, express or implied, with a person or entity interested in the outcome of the litigation, including anyone who may have ultimate responsibility for payment to or full-time under contract or otherwise by a person who has a contractual relationship with a party to provide reporting or other court services.
i. A judicial officer may declare a deposition void if a certified reporter with an association to a matter, as described in this subsection, takes a deposition.
j. The provisions of section 7-206 may not be waived by disclosure, agreement, stipulation, or otherwise.
