70040-70064
GOVERNMENT CODE
SECTION 70040-70064
70040. Unless otherwise specifically provided, the determination of
whether a county has the population prescribed in this article shall
be made on the basis of the 1950 federal census.
70041. Unless otherwise specifically provided, the provisions of
this article apply in each county described as follows:
(a) A county with a population of 70,000 or less, as determined by
the 1940 federal census, and having two or more superior court
judges.
(b) A county with a population of 280,000 and under 285,000.
(c) A county with a population of over 295,000 and under 500,000.
(d) A county with a population of 500,000 and under 700,000.
(e) A county with a population of 700,000 or over.
70041.1. Unless otherwise specifically provided the provisions of
this article apply in a county with a population of 290,000 or more
and under 295,000.
70041.5. Unless otherwise specifically provided, the provisions of
this article apply to a county with a population of over 45,000 and
under 46,750, as determined on the basis of the 1950 federal census.
70042. The provisions of this article are applicable in a county
described in subdivisions (a) and (c) of Section 70041 only if the
board of supervisors of such county by resolution adopts the
procedure for the appointment and compensation of official
phonographic reporters provided for in this article.
70043. To assist the court in the transaction of its judicial
business by having the duties of phonographic reporters performed, a
majority of the judges of the superior court of the county may
appoint as many regular official phonographic reporters as necessary
to report the proceedings in the court and to perform such duties.
The number of reporters so appointed shall not exceed at any one time
the number of offices of judge provided by law for the court. The
reporters shall hold office during the pleasure of a majority of the
judges of the court. The number of reporters and compensation of
reporters in counties over 2,000,000 population shall be as provided
in Section 69894.1. The number of official reporters in a county of
the 2nd class as provided in Section 28023 shall be but shall not
exceed at any one time the total number of judges provided by law for
the court and the number of referees appointed pursuant to Section
553 of the Welfare and Institutions Code.
70044. When needed in order that the judicial business of the
superior court in the county may be diligently carried on and a
particular matter may proceed to trial or hearing without delay, a
pro tempore official reporter may be appointed to perform the duties
of a phonographic reporter in such matter, or until a regular
official reporter becomes available for such service. A pro tempore
official reporter for such service may be appointed by the presiding
judge of the court and the judge presiding in the department where
such reporter will serve. If such appointment is made for service in
a contested matter, it shall be made only pursuant to a written
stipulation of the parties appearing at the trial or hearing or other
proceeding to be reported by such pro tempore reporter.
A pro tempore official reporter who has passed the test on
qualifications and has a certificate thereof on file among the
records of the court as prescribed by Section 69943, and who has been
appointed a pro tempore official reporter by a majority of the
judges of such court pursuant to Section 69941, may serve in any
matter without further order of the court or stipulation of the
parties.
70044.1. In any county having a population of over 250,000 and
under 277,000, as determined by the 1950 federal census, the fee for
reporting testimony and proceedings in contested cases is thirty-five
dollars ($35) a day, and the fee for reporting each default or
uncontested action or proceeding is seven dollars ($7).
The official reporter shall report to the court when ordered to do
so by any judge of the court, and when not ordered to so report, the
reporter may be employed in his professional capacity elsewhere.
70044.5. In San Mateo County, official reporters shall be appointed
by the judges of the consolidated superior and municipal courts
pursuant to the provisions of Section 70043 or 72194 and shall serve
at the pleasure of the judges.
(a) The biweekly salary of each regular official reporter for the
performance of duties required of each such reporter by law shall be
at the rates specified in salary range number 3007 of the salary
schedule set forth in Section 73525.
At the time each reporter is hired, the salary of that reporter
shall be fixed in the same manner as provided for classified or
unclassified employees of the county under the authority of the
county charter. A step advancement from step A to step B may be
granted on the first day of the pay period following the completion
of 26 full weeks of service in the position. A person may advance to
steps C, D, and E upon completion of successive 52-week periods of
service. All merit increases as provided herein shall be made at the
determination of the judges of the court.
In addition to new employees, the salaries herein provided for
shall be applicable to regular official reporters employed by the
county on the effective date of this section and for the purpose of
determining the salaries to be paid after this section becomes
effective, all years of service rendered by reporters to the county
prior to the effective date of this section shall be counted in
determining the salary to which they are entitled under the salary
schedule above mentioned.
The per diem compensation for pro tempore reporters shall be
one-tenth of step E in the appropriate biweekly salary range
established for official reporters, provided, however, that that rate
of per diem compensation shall be prorated on the basis of one-half
day of compensation if the pro tempore reporter renders only one-half
day of service.
Vacation allowances and sick leave allowances for official
reporters shall be the same as provided for classified or
unclassified employees of the county under the authority of the
county charter.
(b) If the Board of Supervisors of San Mateo County provides by
ordinance or by agreement pursuant to Chapter 10 (commencing with
Section 3500) of Division 4 of Title 1, for a rate of compensation
which is higher than that provided by subdivision (a), the higher
rate of compensation shall be effective at the same time and in the
same manner as other rates of pay for San Mateo County employees
generally. Those higher rates shall be payable by the county in the
same manner and from the same funds as other salary demands against
the county. Any change in compensation made pursuant to this
subdivision shall be on an interim basis and shall expire on January
1 after the adjournment of the next regular session of the
Legislature unless ratified or superseded by a statute enacted at the
session.
(c) During the hours which the court is open for the transaction
of judicial business, official reporters shall devote full time to
the performance of the duties required of them by law and shall not
engage in or solicit to engage in any other employment in their
professional capacity.
Each official reporter shall perform the duties required of him or
her by law. In addition, he or she shall render stenographic or
clerical assistance, or both, to the judge or judges of the
consolidated superior and municipal courts as the judge or judges may
direct.
70045. In a county having a population of 70,000 or less, as
determined by the 1940 federal census, and having two or more
superior court judges, each regular official reporter shall be paid
an annual salary of four thousand two hundred dollars ($4,200), and
each pro tempore official reporter shall be paid fifteen dollars
($15) a day for the days he actually is on duty under order of the
court.
70045.1. Notwithstanding the provisions of Section 70045 of this
code, in Trinity County, each regular official court reporter shall
receive an annual salary of ten thousand dollars ($10,000) unless the
board of supervisors shall by ordinance provide for compensation in
excess of that amount, payable in monthly installments out of the
salary fund of the county, for the reporting and taking notes in
criminal cases and juvenile court cases in the superior court, and in
preliminary examinations of those accused of crime before
magistrates, and of proceedings before the grand jury and at coroner'
s inquests when requested by the coroner, and for other services such
reporters shall receive the fees provided for in Article 9
(commencing with Section 69941) of Chapter 5 of Title 8, such fees in
civil cases to be paid by the litigants as provided by law.
Reporters pro tempore may be paid a per diem of seventy-five
dollars ($75) as provided in Section 69948 and other fees set forth
in Article 9 (commencing with Section 69941) of Chapter 5 of Title 8,
and shall receive from the county their necessary traveling and
other expenses when necessarily called from other counties, but a
reporter pro tempore shall be paid a per diem or expenses by the
county only when the regular official court reporters are occupied in
the superior court, or at preliminary examinations, grand jury
hearings or coroner's inquests.
The board of supervisors of such a county may provide the court
reporters with equipment for the performance of their duties.
70045.2. Notwithstanding Section 70045, in Modoc County each
regular official court reporter shall receive an annual salary to be
determined by ordinance by the board of supervisors, payable in
monthly installments out of the salary fund of the county, for the
reporting and taking notes in criminal cases and juvenile court cases
in the superior court, and in preliminary examination of those
accused of crime before magistrates, and of proceedings before the
grand jury and at coroner's inquests when requested by the coroner.
In Modoc County, reporters pro tempore shall be paid a per diem,
as set by law, and shall receive from the county their necessary
traveling and other expenses when called from other counties.
However, a reporter pro tempore shall be paid a per diem or expenses
by the county only when the regular official court reporters are
occupied in the superior court, or at preliminary examinations, grand
jury hearings, or coroner's inquests.
For all reporter's services in Modoc County in civil cases as set
forth in Article 9 (commencing with Section 69941) of Chapter 5 of
Title 8, litigants shall pay such fees as are provided by law to the
county clerk for deposit in the county general fund.
The Board of Supervisors of Modoc County may provide court
reporters with equipment for the performance of their duties.
70045.4. Notwithstanding the provisions of Section 70045 or any
other provision of this article, in Merced County:
(a) The regular full-time official court reporters shall perform
the following duties:
(1) Report all criminal proceedings in the superior court.
(2) Report all civil commitment proceedings and all contempt
proceedings in the superior court.
(3) Report all juvenile proceedings in the superior court other
than those heard by a juvenile court referee or traffic hearing
officer.
(4) Report all family law proceedings in the superior court.
(5) Report all civil jury trials in the superior court.
(6) Report all hearings on petitions for extraordinary relief,
including but not limited to proceedings for injunctions, mandate,
prohibition, certiorari, review, habeas corpus, and coram nobis in
the superior court.
(7) Report any other court proceedings in the superior court when
a party requests a court reporter in accordance with the rules of
court.
(8) Report all criminal proceedings of the grand jury.
(9) Report proceedings for the board of equalization, when
requested by the board.
(b) Each regular full-time court reporter shall be paid an annual
salary of sixteen thousand seven hundred thirty-five dollars and
ninety-four cents ($16,735.94), unless the board of supervisors of
the county provides for compensation in excess of that amount.
The foregoing salary is for compensation for reporting services
under subdivision (a). For all transcriptions incident to reporting
services, each reporter shall receive the fees provided for in
Article 9 (commencing with Section 69941).
The regular full-time official court reporters shall be entitled
to the same privileges with respect to group insurance and retirement
as other employees of that county. Retirement contributions shall be
based upon the annual salary provided for in subdivision (b).
The salary range of official court reporters may be adjusted by
joint action and approval of the board of supervisors and a majority
of the judges of the superior court. Those changes in compensation
made pursuant to this provision shall be on an interim basis and
shall expire January 1 following adjournment of the next regular
session of the Legislature unless ratified at that session.
(c) When the regular full-time official court reporters are
occupied in the performance of their duties and services pursuant to
the provisions of subdivision (a), the judge or judges of the
superior court may appoint as many additional official court
reporters, who shall be known as official reporters pro tempore, as
the business of the courts and county may require, in order that the
business of the courts and county may be carried on without delay.
They shall be paid in accordance with the per diem, transcription,
and other fee provisions of Article 9 (commencing with Section
69941). That per diem, traveling and other expenses, and the fees
chargeable to the county under the terms of these provisions shall be
a proper county charge.
70045.5. In a county with a population of 74,492 and not over
76,000 as determined by the 1970 federal census, each regular
official reporter shall be paid an annual salary of twenty-one
thousand seven hundred dollars ($21,700) and each pro tempore
official court reporter shall be paid seventy dollars ($70) a day for
the days he is actually on duty under order of the court.
Notwithstanding any other provision to the contrary, one year
after the operative date of this section and thereafter, the salary
range of official court reporters may be adjusted by joint action and
approval of the board of supervisors and a majority of the judges of
the superior court. Such changes in compensation made pursuant to
these provisions shall be on an interim basis and shall expire on
January 1 of the second year after the calendar year in which the
change occurs, unless ratified by the Legislature.
The presiding judge of the superior court may, upon request of the
presiding judge of the municipal court, assign an official superior
court reporter to the municipal court during such times as the
business of the municipal court requires. Official superior court
reporters who are so assigned shall receive no additional
compensation for such service.
Regular official reporters shall be entitled to the same
privileges with respect to retirement, vacation, sick leave and other
benefits allowed to employees of the county.
Each official reporter shall perform the duties required of him by
law. In addition, reporters shall render stenographic or clerical
assistance, or both, to the judges of the superior court, as any such
judge may direct.
70045.6. (a) In Kern County each regular reporter shall be paid the
biweekly salary specified in range 52.4 of the salary schedule. The
court reporter shall be paid biweekly pursuant to the payroll
procedures in effect in the County of Kern.
(b) Beginning January 1, 1980, the board of supervisors may adjust
the salary of each regular official reporter as part of its county
employee compensation plan. Any adjustment to reporter salaries shall
be effective on the same date as the effective date of the board's
action to adjust compensation of other county employees. Any
adjustment shall be effective only until January 1 of the second year
following the year in which the adjustment is made, unless ratified
by the Legislature.
(c) In addition to the compensation provided for in this section,
each regular official reporter shall be entitled to and shall
receive, on the same basis as other county employees, the same
benefits and privileges with respect to retirement, group insurance,
sick leave, and vacations. Court reporters shall observe the same
holidays as other court employees. For the purposes of determining
participation in the county retirement system, the salary provided
for such reporters in this section shall be deemed their entire
compensation.
(d) Each pro tempore official reporter shall be paid one hundred
fifty dollars ($150) a day for the days he or she is actually on duty
under order of the court.
70045.7. In Napa County, each regular official reporter shall be
paid an annual salary of twenty-five thousand dollars ($25,000), and
each pro tempore official reporter shall be paid one hundred ten
dollars ($110) a day for the days he actually is on duty under order
of the court. However, the board of supervisors, by ordinance, may
establish a higher annual salary for each regular official reporter
or a higher per diem for each pro tempore official reporter, or both.
70045.75. Notwithstanding any other provision of law including, but
not limited to, Sections 70040, 70041, 70042, and 70045, the
following provisions shall be applicable to the full-time official
court reporters, if any, in Nevada County:
(a) The regular full-time official court reporters shall perform
the following duties:
(1) Report all criminal proceedings.
(2) Report all civil commitment proceedings and all contempt
proceedings.
(3) Report all juvenile proceedings, other than those heard by a
juvenile court referee or traffic hearing officer.
(4) Report all family law proceedings.
(5) Report all civil jury trials.
(6) Report all hearings on petitions for extraordinary relief,
including but not limited to, proceedings for injunctions, mandate,
prohibition, certiorari review, habeas corpus, and coram nobis.
(7) Report all proceedings of the grand jury when requested by the
foreman, or by the district attorney or by the county counsel.
(8) Report any other court proceedings when a party requests a
court reporter in accordance with rules of the court.
(9) Report the preliminary examination of those accused of crimes
before magistrates within Nevada County. Report coroner's inquests
when requested by coroner.
(b) Each regular full-time court reporter shall be paid at a
monthly salary rate established according to the following salary
schedule:
(Range) (Month) (Annual)
Step A................. $1,271 $15,246
Step B................. 1,334 16,012
Step C................. 1,400 16,804
Step D................. 1,471 17,648
Step E................. 1,546 18,546
Each such reporter shall receive a monthly salary under the
schedule corresponding to the length of time that as an official
court reporter he has been included within either directly or
indirectly by contract the Public Employees' Retirement System of the
State of California. Except as provided herein, the initial hiring
rate for each position shall be step A; provided further, however,
the judges of the superior court may appoint any such court reporter
at a higher initial step if in the opinion of the judges of the
superior court an individual to be appointed has such experience and
qualifications as to entitle that individual to such higher initial
step. A step advancement from step A to step B may be granted on the
first day of the month following the completion of six full months of
service in the position. A person may advance to steps C, D, and E
upon completion of successive 12-month periods of service. All merit
increases as provided herein shall be made at the determination of
the judges of the superior court.
The foregoing salary is for compensation for reporting services in
the superior court under subdivision (a) of this section. For all
transcriptions incident to reporting services, each reporter shall
receive the fees provided for in Article 9 (commencing with Section
69941) of this chapter.
In the event a cost-of-living increase is given to the employees
of Nevada County on or after July 1, 1979, the aforementioned salary
schedule shall be deemed amended so as to give the court reporters
the same cost-of-living increase as is given Nevada County employees.
The regular full-time official court reporters shall be entitled
to the same privileges with respect to retirement, vacation, sick
leave, and group insurance, which either now or hereafter may be
provided by ordinance to other employees of the county.
(c) When the regular full-time official court reporters are
occupied in the performance of their duties and services pursuant to
the provisions of subdivision (a), the judge or judges of the
superior court may appoint as many additional official court
reporters, who shall be known as official reporters pro tempore, as
the business of the courts may require in order that the judicial
business of the court in such county may be carried on without delay.
They shall be paid in accordance with the per diem, transcription,
and other fee provisions of Article 9 (commencing with Section 69941)
of this chapter. Such per diem, traveling and other expenses, and
the fees chargeable to the county under the terms of these provisions
shall be a proper county charge.
70045.77. Notwithstanding any other provision of law, including,
but not limited to, Sections 70040, 70041, 70042, and 70045, the
following provisions shall be applicable to the full-time official
court reporters, if any, in El Dorado County:
(a) The regular full-time official court reporters shall perform
the following duties:
(1) Report all criminal proceedings.
(2) Report all civil commitment proceedings and all contempt
proceedings.
(3) Report all juvenile proceedings, other than those heard by a
juvenile court referee or traffic hearing officer.
(4) Report all family law proceedings.
(5) Report all civil jury trials.
(6) Report all hearings on petitions for extraordinary relief,
including, but not limited to, proceedings for injunctions, mandate,
prohibition, certiorari, review, habeas corpus, and coram nobis.
(7) Report all proceedings of the grand jury when requested by the
foreman, or by the district attorney or by the county counsel.
(8) Report any other court proceedings when a party requests a
court reporter in accordance with rules of the court.
(9) Report the preliminary examination of those accused of crimes
before magistrates within El Dorado County.
(10) Report coroner's inquests when requested by the coroner.
(11) Report proceedings for the El Dorado County Board of
Equalization when requested by the board.
(b) The regular full-time official court reporter shall be
compensated at a range recommended by the judges of the superior
court and approved by the board of supervisors by ordinance or
resolution.
The foregoing salary is for compensation for reporting services in
the superior court under subdivision (a) of this section. For all
transcriptions incident to reporting services, each reporter shall
receive the fees provided for in Article 9 (commencing with Section
69941) of this chapter.
The regular full-time official court reporters shall be entitled
to the same privileges with respect to retirement, vacation, sick
leave, and group insurance, which either now or hereafter may be
provided by ordinance to other employees of the county.
(c) When the regular full-time official court reporters are
occupied in the performance of their duties and services pursuant to
the provisions of subdivision (a), the judge or judges of the
superior court may appoint as many additional official court
reporters, who shall be known as official reporters pro tempore, as
the business of the courts may require in order that the judicial
business of the court in such county may be carried on without delay.
They shall be paid in accordance with the per diem, transcription,
and other fee provisions of Article 9 (commencing with Section 69941)
of this chapter. Such per diem, traveling and other expenses, and
the fees chargeable to the county under the terms of these provisions
shall be a proper county charge.
70045.8. (a) Notwithstanding any other provision of law, including,
but not limited to, Sections 70040, 70041, 70042, and 70045, the
following provisions shall be applicable to the official court
reporters in Butte County Superior Court:
(1) The regular full-time official court reporters under the
direction of the presiding judge of the superior court shall perform
the following duties:
(A) Report all criminal proceedings.
(B) Report all civil commitment proceedings and all contempt
proceedings.
(C) Report all juvenile proceedings other than those heard by
juvenile court referee or traffic hearing officer.
(D) Report all civil jury trials.
(E) Report all hearings on petitions for extraordinary relief,
including, but not limited to, proceedings for injunctions, mandate,
prohibition, certiorari, review, habeas corpus, and coram nobis.
(F) Report all proceedings of the grand jury when requested by the
foreman, or by the district attorney or by the county counsel.
(G) Report any other court proceedings when a party requests a
court reporter in accordance with rules of court.
(H) Report coroner's inquests when requested by the coroner.
(I) Report proceedings for the Butte County Board of Equalization
when requested by the board.
(J) When not occupied with the above duties, and upon request of a
presiding judge of the municipal court and approval of the presiding
judge of the superior court, he or she shall report matters listed
under paragraph (1) of subdivision (b).
(b) Notwithstanding any other provision of law, including, but not
limited to, Sections 70040, 70041, 70042, and 70045, the following
provisions shall be applicable to the official court reporters in the
Butte County Municipal Courts:
(1) The regular full-time official municipal court reporters under
the direction of the presiding judges of the municipal courts shall
perform the following duties:
(A) Report the preliminary examination of those accused of crimes
before magistrates within Butte County.
(B) Report all felony pleas.
(C) Report any other court proceeding as required by law.
(D) When not occupied with the above duties, and upon request of
the presiding judge of the superior court and approval of a presiding
judge of the municipal court, he or she shall report matters listed
under paragraph (1) of subdivision (a) above.
(c) The board of supervisors shall, by ordinance, specify the
salary rates for official court reporters in Butte County.
In addition to the aforementioned compensation, each official
court reporter shall receive twenty-five dollars ($25) per month as
reimbursement for the cost of necessary supplies.
The foregoing salary established pursuant to county ordinance is
for compensation for reporting services in the superior and municipal
courts under subdivisions (a) and (b) of this section. For all
transcriptions incident to reporting services, each reporter shall
receive the fees provided for in Article 9 (commencing with Section
69941) of this chapter.
The regular full-time official court reporters shall be entitled
to the same privileges with respect to retirement, vacation, sick
leave, and group insurance, which either now or hereafter may be
provided by ordinance to other employees of the county.
(d) When the regular full-time official court reporters are
occupied in the performance of their duties and services pursuant to
subdivisions (a) and (b), the judge or judges of the superior and
municipal courts may appoint as many additional official court
reporters, who shall be known as official reporters pro tempore, as
the business of the courts may require in order that the judicial
business of the courts in the county may be carried on without delay.
They shall be paid in accordance with the per diem, transcription,
and other fee provisions of Article 9 (commencing with Section 69941)
of this chapter. The per diem, traveling and other expenses, and the
fees chargeable to the county under the terms of these provisions
shall be a proper county charge.
70045.9. Notwithstanding any other provision of law, the provisions
of this section shall apply to the official court reporters in
Shasta County:
(a) The regular full-time official court reporters shall perform
the following duties:
(1) Report all criminal proceedings in superior court.
(2) Report all juvenile proceedings other than those heard by
juvenile court referee or traffic hearing officer.
(3) Report all civil jury trials in superior court, unless the
court determines it is not required.
(4) Report any other proceeding in the superior court at the
request of the judge of the superior court.
(5) Report any superior court proceeding when a party requests a
court reporter in accordance with the rules of court.
(6) Report all criminal investigations of the grand jury, when
requested by the foreman, or by the district attorney.
(7) Report the preliminary examination of those accused of crime
before magistrates or municipal court judges within Shasta County, or
before both.
(8) Report coroner's inquests, when requested by the coroner.
(9) Report hearings of the Board of Equalization of the County of
Shasta, as requested by that board.
(10) Other reporting or related services, as directed by the
judges of the superior court.
(11) When not occupied with the above duties, and upon request of
the board of supervisors and approval of the presiding judge of the
superior court, he or she shall report matters before the board of
supervisors.
(b) Each regular full-time court reporter shall be paid a monthly
salary of one thousand four hundred seventy dollars ($1,470), unless
the Board of Supervisors of Shasta County provides for compensation
in excess of that amount, in which event the amount set shall apply.
The salary is for compensation for reporting services set forth under
subdivision (a). For all transcriptions incident to reporting
services, each reporter shall receive the fees provided for in
Article 9 (commencing with Section 69941).
The regular full-time official court reporters shall be entitled
to the same privileges with respect to retirement, vacation (upon
approval of judge to whom assigned), sick leave, and group insurance,
which either now or hereafter may be provided by ordinance or
resolution to other comparable employees of the County of Shasta.
(c) When the regular full-time official court reporters are
occupied in the performance of their duties and services pursuant to
the provisions of subdivision (a), the judge or judges of the
superior court may appoint as many additional official court
reporters, who shall be known as official reporters pro tempore, as
the business of the courts may require in order that the judicial
business of the court may be carried on without delay. In the event
the board of supervisors has entered into a contract for supplemental
reporter services with a qualified person or persons first approved
by the presiding judge of the superior court, the person or persons
shall be appointed as reporter pro tempore. However, if the person or
persons are not reasonably available, the judge may appoint any
qualified person. Notwithstanding other provisions of this section,
when an assignment of a pro tempore reporter is made to proceedings
in the superior court, the assignment shall be deemed to run to the
completion of the proceeding.
Reporters pro tempore shall be paid in accordance with the
contract with the board of supervisors or, in absence thereof, with
the per diem, transcription, and other fee provisions of Article 9
(commencing with Section 69941). Such per diem, traveling and other
expenses, and the fees chargeable to the county under the terms of
these provisions shall be a proper county charge.
(d) During the hours during which the court is open as prescribed
by the Shasta County Superior Court for the transaction of judicial
business, official court reporters shall devote full time to the
performance of the duties required of them by law and shall not
engage or solicit to engage in any other employment in their
professional capacity.
(e) Court reporters pro tempore serving in the superior and
municipal courts shall receive a per diem equal to the base wage of
the official court reporter for an eight-hour day, excluding
benefits. This fee shall be adjusted by the same, general
across-the-board salary adjustment enacted by the county in any
salary ordinance applicable to official court reporters. For services
of less than four hours in any day, the pro tempore reporter will
receive a per diem equal to 65 percent of the base wage.
70045.10. Notwithstanding any other provision of law, the
provisions of this section shall apply to the official court
reporters in Tehama County.
(a) The regular full-time official court reporters shall perform
the following duties:
(1) Report all criminal proceedings in superior court.
(2) Report all juvenile proceedings other than those heard by the
juvenile court referee or traffic hearing officer.
(3) Report all civil jury trials in superior court, unless the
court determines it is not required.
(4) Report any other proceeding in the superior court at the
request of the judge of the superior court.
(5) Report any superior court proceeding when a party requests a
court reporter in accordance with the rules of court.
(6) Report all criminal investigations of the grand jury, when
requested by the foreman or the district attorney.
(7) Report the preliminary examination of those accused of crime
before magistrates or municipal court judges within Tehama County, or
both.
(8) Report coroner's inquests, when requested by the coroner.
(9) Report hearings of the Board of Equalization of the County of
Tehama, as requested by that board.
(10) Other reporting or related services, as directed by the
judges of the superior court.
(11) When not occupied with the above duties, and upon request of
the board of supervisors and approval of the presiding judge of the
superior court, they shall report matters before the board of
supervisors.
(12) Such other duties as are required to insure the provision of
court reporter services.
(b) Each regular full-time court reporter shall be paid a monthly
salary of two thousand two hundred sixty-seven dollars ($2,267),
unless the Board of Supervisors of Tehama County, by ordinance,
provides for compensation in excess of that amount, in which event
the compensation set by ordinance shall apply. The salary is for
compensation for reporting services set forth under subdivision (a).
For all transcriptions incident to reporting services, each reporter
shall receive the fees provided for in Article 9 (commencing with
Section 69941).
The regular, full-time official court reporters shall be entitled
the same privileges with respect to retirement, vacation (upon
approval of judge to whom assigned), sick leave, and group insurance,
which either is now, or hereafter may be, provided by ordinance to
other comparable employees of the County of Tehama.
For retirement credit purposes, compensation earnable shall be
deemed to be the annual total of all salary and transcription fees
paid by the County of Tehama to each regular official reporter up to
a maximum of thirty-five thousand dollars ($35,000).
(c) When the regular full-time official court reporters are
occupied in the performance of their duties and services pursuant to
the provisions of subdivision (a), the judge or judges of the
superior court may appoint as many additional official court
reporters, who shall be known as official reporters pro tempore, as
the business of the court may be carried on without delay.
Notwithstanding other provisions of this section, when an assignment
of a pro tempore reporter is made to proceedings in the superior
court, the assignment shall be deemed to run to the completion of the
proceeding.
Reporters pro tempore shall be paid in accordance with the rate of
compensation as set by the board of supervisors. For all
transcriptions incident to reporting services, each reporter shall
receive the fees provided for in Article 9 (commencing with Section
69941). The per diem, traveling and other expenses, and the fees
chargeable to the county under the terms of these provisions shall be
a proper county charge.
(d) During the hours during which the court is open, as prescribed
by the Tehama County Superior Court for the transaction of judicial
business, official court reporters shall devote full time to the
performance of the duties required of them by law and shall not
engage, or solicit to engage, in any other employment in their
professional capacity unless otherwise excused by a judge of the
superior court.
If the official court reporter or a pro tempore reporter serves
past 5:30 p.m., he or she shall receive an additional fee equal to
one-half the per diem rate established by the board of supervisors.
If the official court reporter or a pro tempore reporter serves past
8:30 p.m., he or she shall receive a second additional fee equal to
one-half the per diem rate. Accumulation of hours in a given day
shall be without regard as to the number of courts in which the
reporter provides reporting service.
In order that the salary provided for regular full-time official
court reporters shall remain equitable and competitive, the salary
herein provided for shall be adjusted and increased by the same
salary adjustment percentage for the classification entitled the
superior court clerk enacted on or before July 1, 1985, by the County
of Tehama.
70045.11. In lieu of the compensation provided for in Section
69948, the Board of Supervisors of Sutter County may, with the
approval of the presiding judge of the superior court, contract with
official court reporters, and reporters pro tempore, for the superior
court with respect to the fee for reporting testimony and
proceedings in contested cases, per diem, and traveling and other
expenses, which shall be a proper county charge.
70045.12. Notwithstanding any other provision of law, the following
provisions shall be applicable to the official court reporters in
the superior court and municipal courts of Madera County:
(a) In Madera County, official court reporters shall be appointed
by the judges of the superior court pursuant to Section 70043 and
shall serve at the pleasure of the judges. Official reporters shall
perform the duties required of them by law. In addition, they shall
render assistance to the judge or judges of the superior court as the
judge or judges may direct.
(b) In Madera County, official court reporters shall be appointed
by the judges of the municipal court pursuant to Section 72194 and
shall serve at the pleasure of the judges. Official reporters shall
perform the duties required of them by law. In addition, they shall
render assistance to the judge or judges of the municipal court as
the judge or judges may direct.
(c) Notwithstanding any other provision of law, the salary and
benefits for official court reporters in Madera County shall be
determined pursuant to Section 69908.
(d) When the regular full-time official court reporters are
occupied in the performance of their duties and services pursuant to
this statute, the judge or judges of the superior court and the
municipal court may appoint as many additional official court
reporters, who shall be known as official reporters pro tempore, as
the business of the courts may require in order that the judicial
business of the courts in the county may be carried on without delay.
They shall be paid in accordance with the per diem, transcription,
and other fee provisions of Article 9 (commencing with Section 69941)
of this chapter. The per diem, traveling, and other expenses, and
the fees chargeable to the county under the terms of these provisions
are a proper county charge.
(e) Official court reporters shall devote full time to the
performance of the duties required of them by law and may not engage
or solicit to engage in any other employment in their professional
capacity during the normal workday.
70046. In San Bernardino County, the board of supervisors shall fix
the salary of regular official reporters, which shall not be less
than an annual salary of twenty thousand two hundred ten dollars
($20,210) and the compensation of official reporters pro tempore,
which shall be at a rate not less than seventy-five dollars and
twenty-five cents ($75.25) a day.
During the hours which the court is open for the transaction of
judicial business, official reporters shall devote full time to the
performance of the duties required of them by law and shall not
engage in or solicit to engage in any other employment in their
professional capacity.
70046.1. In Santa Clara County, the board of supervisors shall fix
the salary of regular official reporters, which shall not be less
than a biweekly salary of one thousand seven hundred eighty-four
dollars and forty cents ($1,784.40), and the compensation of official
reporters pro tempore, which shall be at a rate not less than
ninety-eight dollars and fourteen cents ($98.14) per half day and one
hundred ninety-six dollars and twenty-eight cents ($196.28) per day.
During the hours that the court is open for the transaction of
judicial business, official reporters shall devote full time to the
performance of the duties required of them by law and shall not
engage in or solicit to engage in any other employment in their
professional capacity.
70046.2. (a) In Fresno County, the compensation of each regular
official court reporter shall be determined through the collective
bargaining process.
(b) For the purposes of retirement, the compensation of each
regular official court reporter shall be deemed to be the total of
all per diem and transcription fees paid by the county or court to
that regular official court reporter for all reporting services, plus
his or her salary.
70046.4. (a) In Lake County, the official phonographic reporters
shall perform the following duties:
(1) Report all proceedings before the superior court.
(2) Report all the proceedings of the grand jury.
(3) Act as the secretary of, and render stenographic and clerical
assistance to, the judge of the department to which they are assigned
by the presiding judge.
(4) Any other duties assigned by the board of supervisors upon the
request of a judge of the superior court.
The official phonographic reporters of such county shall receive a
salary recommended by the superior court and approved by the board
of supervisors. Such salary is for compensation for reporting
services in the superior court under subdivision (a) of this section.
For all transcriptions incident to reporting services, each reporter
shall receive the fees provided for in Article 9 (commencing with
Section 69941) of this chapter. Such fees shall be paid to the County
of Lake when the conditions of the official phonographic reporter's
employment so provide.
Any appointee to an official reporter position shall be
compensated at the first step and advance to each higher step upon
completion of each year of service. Upon the recommendation of the
superior court and approval of the board of supervisors, official
reporters may be employed at or may be granted a special step
increase to any step within the salary range on the basis of
experience or qualifications.
(b) The compensation for each official reporter pro tempore shall
be the equivalent of the daily wage of the first step in the salary
range for full-time official reporters for each day he actually is on
duty under order of the court.
(c) In addition to the compensation provided in this article, each
full-time reporter of the superior court shall be entitled to, and
shall receive, the same vacation, sick leave, and similar privileges
and benefits as are now, or may hereafter be provided for the
employees of the County of Lake including the right to participate in
any group, accident, health or life insurance plan adopted by the
board of supervisors of the county.
(d) Until such time as the salaries of full-time official
reporters and official reporters pro tempore are approved by the
board of supervisors pursuant to subdivision (a), such reporters
shall receive the salaries in effect immediately prior to the
effective date of this section enacted by the Legislature at its
1977-78 Regular Session.
70047. (a) In Contra Costa County, the annual salary of each
regular official reporter shall be based on a four-step salary plan
as established by joint action and approval of the board of
supervisors and a majority of the judges of the court. The step of
entry shall be step one. However, the judges of the court may appoint
any such reporter to a duly allocated exempt position at a higher
step if, in the opinion of the appointing judge, an individual to be
appointed has the experience and qualifications to entitle that
individual to a higher initial step, but in no case may the initial
salary be above the third step of the salary range. Official
reporters shall advance to the next higher step on the salary plan
annually, upon affirmative approval of the appointing authority. The
compensation of each official reporter pro tempore shall be an amount
which is equivalent to 1.05 times the daily wage of the fourth step
in the salary range for full-time official reporters in Contra Costa
County for each day the reporter is on duty under order of the court.
Additional official reporters pro tempore may also be appointed on a
half-day basis as the business of the court requires. Those
reporters shall be compensated at a rate which is 55 percent of the
daily wage of an official reporter pro tempore for each period up to
four hours that the reporter is on duty under the order of the court.
(b) During the hours which the court is open for the transaction
of judicial business, the regular official reporter shall perform the
duties required by law. When not engaged in the performance of any
other duty imposed upon him or her by law, he or she shall render
stenographic or clerical assistance to the judge of the court to
which he or she is assigned as that judge may direct.
(c) The board of supervisors shall adjust the salary of regular
official reporters as part of its regular review of county employee
compensation. The adjustment shall be to that salary level closest to
the average percentage adjustment in basic salaries of the county
classes of superior court clerk, legal clerk, secretary, and clerk
(experienced level), and shall be effective on the same date.
70047.1. Notwithstanding any other provision of law, the following
provisions shall be applicable to the Stanislaus County Superior
Court:
(a) In Stanislaus County, to assist the superior court in the
transaction of its judicial business, a majority of the judges of the
superior court, with the approval of the board of supervisors, may
appoint as many regular official reporters as necessary to report the
proceedings in the court.
(b) The regular official superior court reporters, unless the
right to their services are waived, shall report all of the
proceedings as otherwise provided by law or ordered by a superior
court judge.
(c) The regular official court reporters shall be compensated at a
range approved by the board of supervisors by ordinance or
resolution.
In order that the salaries provided for in this section remain
equitable and competitive, in the event an ordinance or resolution is
adopted which provides a cost-of-living increase for employees of
Stanislaus County, this salary range shall be deemed adjusted,
increased, and amended by that ordinance or resolution.
(d) A regular official court reporter shall receive the same
vacation, sick leave, retirement, and other benefits as are provided
for county employees.
(e) For the purposes of retirement, the compensation of each
reporter shall be deemed to be the total of all per diem and
transcription fees paid by the county to all of the regular reporters
of the superior court for all reporting services, divided by the
number of superior court official reporters, plus his or her salary.
(f) The superior court executive officer shall appoint a
supervising reporter to be compensated at an hourly rate that is 10
percent higher than Step 5 of the hourly rate specified in
subdivision (c).
(g) For all transcriptions incident to reporting services, each
reporter shall receive the fees provided for in Article 9 (commencing
with Section 69941) of this chapter. A court reporter shall also be
allowed his or her traveling expenses as determined by the travel
policy of Stanislaus County when reporting outside of the county
seat.
(h) The judges of the superior court may appoint as many official
superior court reporters pro tempore as the business of the court
requires. They shall be unsalaried, but shall receive a per diem of
1/260 of Step 4 of the hourly rate set pursuant to subdivision (c).
(i) The county shall provide the official reporters with supplies
for the performance of their courtroom duties, excluding hardware.
(j) The presiding judge of the superior court may, upon request of
the presiding judge of the municipal court, assign an official
superior court reporter to the municipal court during such times as
the business of the municipal court requires. Official superior court
reporters who are so assigned shall receive no additional
compensation for that service.
70047.5. (a) In Sonoma County, for the 1987-88 fiscal year each
regular official reporter shall be paid an annual salary of
thirty-seven thousand seven hundred forty dollars ($37,740), which
salary shall include payment for services in reporting all
proceedings in the superior court, before the grand jury and the
coroner. In order that the salary provided for in this section shall
remain equitable and competitive, the salary provided for in this
section shall be adjusted and increased by the same, general
across-the-board salary adjustment enacted by the county in the
salary ordinance for other unrepresented employees.
(b) Reporters pro tempore serving in the superior and municipal
courts shall receive a per diem equal to 90 percent of the gross
hourly wage of a regular official superior court reporter, exclusive
of benefits, for each full day, and one-half the per diem rate for
each half day, when actually on duty under order of the court, and
shall receive from the county their necessary traveling and other
expenses when necessarily called from other counties.
(c) Regular official reporters shall be entitled to the same
privileges with respect to retirement, vacation, sick leave and other
benefits allowed to employees in the clerical nonsupervisory
representation unit of the county.
70048. (a) In a county with a population of 1,300,000 and under
1,400,000, as determined by the 1970 federal census, regular official
reporters shall be paid at a salary rate established by joint action
and approval of the board of supervisors and a majority of the
judges of the court.
Except as provided herein, the initial hiring rate for each
position shall be step A, provided further, however, the judges of
the superior court may appoint any such court reporter at a higher
initial step if in the opinion of the judges of the superior court an
individual to be appointed has such experience and qualification as
to entitle that individual to such higher initial step. A step
advancement from step A to step B may be granted on the first day of
the month following the completion of 12 full months of service in
the position. A person may advance to steps C, D, and E upon
completion of successive 12-month periods of service. All merit
increases as provided herein shall be made at the determination of
the judges of the superior court. A court reporter employed prior to
November 15, 1977, and currently employed shall receive a monthly and
annual salary at step E.
(b) Official phonographic reporters pro tempore shall be
compensated at a rate established by joint action and approval of the
board of supervisors and a majority of the judges of the court.
(c) Each reporter shall cooperate with county personnel in any
random job reviews for the purpose of confirming hours spent in
attendance upon the courts for the purpose of reporting proceedings.
(d) During the hours which the court is open for the transaction
of judicial business, official reporters shall devote full time to
the performance of the duties required of them by law and shall not
engage in or solicit to engage in any other employment in their
professional capacity.
70049. In a county with a population of over 11,650 and under
12,000, as determined by the 1960 federal census, each regular
official reporter shall receive as full compensation for taking notes
in criminal cases an annual salary set by resolution of the board of
supervisors. All other fees of such reporters shall be as elsewhere
provided by law.
70049.5. In a county with a population of over 32,000 and under
33,000, as determined by the 1960 federal census, each regular
official reporter shall receive as full compensation an annual salary
of ten thousand dollars ($10,000) unless the board of supervisors of
the county shall by ordinance provide for compensation in excess of
that amount, in which event the amount set by ordinance shall apply.
70050. In San Benito County, the board of supervisors shall fix the
salary of regular official reporters and the compensation of
official reporters pro tempore, which shall be at a rate of not more
than seventy-five dollars ($75) a day.
During the hours which the court is open for the transaction of
judicial business, official reporters shall devote full time to the
performance of the duties required of them by law and shall not
engage in or solicit to engage in any other employment in their
professional capacity.
70050.5. In each county with a population of 730,000 and under
850,000, as determined by the 1960 federal census, the monthly salary
of the regular official phonographic reporters shall be not less
than that paid to regular official phonographic reporters of the
superior court in counties having a population of over 6,000,000. Pro
tempore reporters in each county with a population of 730,000 and
under 850,000, as determined by the 1960 federal census, shall
receive a daily per diem in an amount not less than that paid to pro
tempore superior court reporters in counties having a population of
over 6,000,000.
Length of employment for compensation purposes under this section
shall mean length of employment in either the municipal court or
superior court of such county.
All regular official phonographic reporters appointed prior to the
effective date of this section shall receive not less than the
monthly salary set forth in the maximum step of the pertinent salary
schedule used in counties having a population of over 6,000,000.
Official phonographic reporters appointed subsequent to the
effective date of this section shall be compensated in an amount that
is not less than whatever step of the pertinent salary schedule used
in counties with a population of over 6,000,000 the majority of the
judges of such court may deem appropriate.
70050.6. (a) In Tuolumne County, the official reporters of the
superior court shall perform the following duties:
(1) Report all criminal proceedings.
(2) Report all civil proceedings.
(3) Report all domestic relations proceedings.
(4) Report all proceedings of the grand jury.
(5) Report all coroner's inquests.
(b) The official reporters of Tuolumne County shall receive a
salary as established by the Board of Supervisors of Tuolumne County.
Such salary is for compensation for reporting services in the
superior court under subdivision (a) of this section.
For all transcriptions incident to reporting services, each
reporter shall receive the fees provided for in Article 9 (commencing
with Section 69941) of Chapter 5 of this title. The court reporter
shall also be allowed his or her actual traveling expenses when
reporting outside of the county seat.
70050.8. Notwithstanding the provisions of Sections 69948 and
69949, in counties with population of at least 62,000 and under
65,800, as determined by the 1960 federal census, the fee for
official court reporters and court reporters pro tempore is seventy
dollars ($70) per day unless the board of supervisors of the county
shall, by resolution, provide for fees in excess of that amount, in
which event the fee set by resolution shall apply.
70051. No further fee than that prescribed in Sections 70053 to
70059.5, inclusive, shall be collected from, or assessed against, any
party to any proceeding for the services of a phonographic reporter
in taking down in shorthand the testimony and other proceedings in
the trial or hearing of any matter as required by law or by order of
the court, but a phonographic reporter shall be allowed and unless
waived by him shall receive the fees allowed by law for transcribing
his shorthand notes of the testimony and proceedings reported by him,
and such fees for transcriptions shall be paid pursuant to Article 9
of this chapter and any other law pertinent to the case.
70052. The salaries provided for in this article shall be paid in
monthly installments out of the salary fund of the county and shall
be allowed and audited in the same manner as the law requires for
other salary demands against the county.
70056.7. Notwithstanding any other provision of law to the
contrary, the following provisions shall be applicable to the
official superior court reporters in Monterey County:
(a) Regular official court reporters shall report all criminal and
civil proceedings in their respective courts and report all grand
jury proceedings. When not engaged in the performance of other duties
imposed on him or her by law and when approved by the presiding
judge, each reporter shall render such assistance as may be required
in any other court of the county to which he or she may be assigned.
During hours in which the court is open for the transaction of
judicial business, official reporters shall devote full time to the
performance of regular duties and shall not engage in or solicit any
other employment in their professional capacity.
(b) Each regular official court reporter shall be paid a salary to
be established by the Monterey County Board of Supervisors upon the
joint recommendation of the county administrative officer and the
judges of the superior court.
(c) A regular official court reporter shall serve at the pleasure
of the judge of the court for which appointed but shall receive the
same vacation, sick leave, retirement, and other financial or
monetary benefits as are now, or may be hereafter provided for the
classification of superior court clerk. The benefits include the
right to participate in any group accident, group health, or group
life insurance plan adopted for and made available to the
classification of superior court clerk.
For the purposes of retirement under the Public Employees'
Retirement System, the salary provided for in subdivision (b) shall
be deemed the entire salary for each court reporter.
(d) Judges of the superior court may appoint as many official
superior court reporters pro tempore as the business of the court
requires. They shall be unsalaried but shall receive a per diem at a
rate to be established by joint action of the board of supervisors
and a majority of the judges of the superior court.
70059.7. In Santa Barbara County each regular official reporter
shall be paid a biweekly salary which shall be one thousand six
hundred eighty-five dollars and eighty-five cents ($1,685.85) which
salary shall include payment for services in reporting all
proceedings in the superior or municipal court, before the grand
jury, and before coroners' inquests.
Reporters pro tempore shall be paid at a per diem rate of up to a
maximum of one hundred sixty-eight dollars ($168) or eighty-four
dollars ($84) for each half day or four (4) hour period or portion
thereof for the days they are actually on duty under order of the
court, and shall receive from the county their necessary traveling
and other expenses when necessarily called from other counties. Rates
of compensation of regular official reporters and official reporters
pro tempore may be adjusted by joint action and approval of the
board of supervisors and a majority of the judges of the court.
However, any changes in compensation which are made pursuant to this
section shall be on an interim basis and shall remain in effect only
until January 1, 1993, unless ratified by statute by the Legislature
prior to that date.
70059.8. (a) Notwithstanding any other provision of law, including
but not limited to Sections 70040, 70041, 70042, and 70045, the
following provisions shall be applicable to the official court
reporters in Solano County.
(b) Regular official court reporters shall report all criminal and
civil proceedings in their respective courts; all juvenile
proceedings, other than those heard by referees or traffic officers
when official reporters are unavailable; grand jury proceedings,
coroner's inquests, and proceedings before the county board of
equalization. When not engaged in the performance of other duties
imposed upon him or her by law, each reporter shall render such
assistance as may be required in any other court of the county to
which he or she may be assigned, and perform such other verbatim
reporting services as may be required such as, but not limited to,
public hearings and depositions. During hours in which the court is
open for the transaction of judicial business, official reporters
shall devote full time to the performance of regular duties and shall
not engage in any other employment in their professional capacity.
(c) In Solano County the annual salary of each official court
reporter shall be based on a regular five-step plan as established by
joint action and approval of the board of supervisors and a majority
of the judges of the court.
(d) For all transcripts incident to reporting services, each
reporter shall receive the fees provided for in Article 9 (commencing
with Section 69941) of this chapter. The initial hiring rate for
each position shall be step 1, provided that the judges may appoint
any such reporter at a higher initial step if, in the opinion of the
majority of judges, an individual to be appointed has such experience
and qualifications as to entitle him or her to such higher initial
step.
(e) A regular official court reporter shall serve at the pleasure
of the appointing judge, but shall be entitled to the same benefits
and privileges respecting longevity, service credits, cost-of-living
or other general pay increases, retirement, vacation, sick leave and
group insurance which are provided other employees of the county.
Court reporters shall be entitled to any increases provided other
employees of the county respecting longevity, service credits,
cost-of-living or general pay increases, retirement, vacation, sick
leave and group insurance, but such increases shall be on an interim
basis and remain in effect only until January 1, 1990, unless
ratified by statute by the Legislature prior to that date.
(f) Judges of the court may appoint as many official reporters pro
tempore as the business of the court requires. They shall be
unsalaried but shall receive the fees provided by Article 9 of this
chapter, which fees, upon order of the court, shall be a proper
charge against the general fund of the county.
70059.9. In San Luis Obispo County, each regular official reporter
shall be paid a monthly salary which shall be recommended by the
superior court and approved by the board of supervisors. This salary
shall include payment for services in reporting all proceedings in
the superior court, before the grand jury, and before coroner's
inquests. The initial hiring rate for each position shall be step 1,
provided, however, that the judges of the court may appoint a
reporter at a higher step if such person has the experience and
qualifications to entitle that individual to appointment at a higher
initial step. Step advancement from step 1 to step 2 may be granted