| Advisory Opinion Request of Gina Boudreaux Lee, former court reporter for Division D in the 23rd JDC, regarding the post-employment restrictions with respect to her providing transcription services for hearings. |
|
Gina Lee was previously employed as the court reporter for Division D in the 23rd JDC until December 31, 2020. In Docket No. 2021-098, the Board determined that Ms. Lee would not be prohibited from contracting with the 23rd JDC to provide court reporting services in divisions other than Division D on a substitute or ad hoc basis following the end of her employment.
Ms. Lee has now been approached about providing transcripts for hearings that occurred while she was employed as court reporter in connection with an appeal, as well as providing transcripts at the request of one of the parties to a hearing. As a certified court reporter, Ms. Lee is governed by the requirements in La. C.C.P. Art. 372 (see attached). All costs associated with the transcripts are set pursuant to La. R.S. 13:961F(1)(f).
For an appeal transcript, Ms. Lee receives a notice from the Clerk of Court's office requesting a transcript. Once she provides the Clerk with an estimated cost of the transcript, the appealing party pays the total costs of preparing the record to the Clerk of Court. The Clerk of Court then issues Ms. Lee a check for the transcript portion of those costs. Ms. Lee provides the transcript to the Clerk of Court to be included as part of the court record. These procedures are established in La. R.S. 13:961F(3).
For a hearing not involving an appeal, Ms. Lee receives a request from either party. She then provides an estimated cost of the transcript. The requesting party then pays Ms. Lee directly for the transcript. Once the payment is received, Ms. Lee provides a copy of the transcript to the party. These procedures are established in La. R.S. 13:961(F)(2).
|
|
La. R.S. 42:1121B(1) provides that no former public employee shall, for a period of two years following termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to for, or on behalf of the agency with which he was formerly employed.
La. C.C.P. Art. 372 which provides in part:
B.When the court so directs, or the fees therefor have been paid or secured, or when an appeal has been granted in cases in which a party has been permitted to litigate without the payment of costs, he shall transcribe verbatim in a manner approved by the supreme court, all of his notes taken at the trial, or such portion thereof as is designated. He shall file one copy of the transcript in the trial court; shall deliver a copy thereof to each of the parties who has paid therefor; and, when an appeal has been granted, he shall furnish to the clerk of the trial court the number of copies of the transcript required by law.
C. The court reporter shall retain all notes and tape recordings in civil cases for a period of not less than five years after the end of the trial.
…
F. When a party to a proceeding requests a transcript and has paid for the transcript,the court reporter shall provide that party with an electronic copy of the transcript along with a paper copy of the transcript at no additional charge or cost to the requesting party.
La. R.S. 13:961F(1)(f): In the Twenty-Third Judicial District, in all cases, except those to be filed in forma pauperis, a fee determined by a majority of the judges for each page not to exceed two dollars and fifty cents for each thirty-one line page and each copied page of all testimony reported and transcribed shall be charged by and paid to the court reporter.
AO 2021-098: Ms. Lee is not prohibited from contracting with the 23rd JDC to provide court reporting services in divisions other than Division D. Ms. Lee is prohibited from contracting with Division D to provide court reporting services for a period of 2 years following the end of her employment in Division D.
|
|
|
Adopt the proposed advisory opinion.
|
|
| Assigned Attorney: |
David Bordelon |
|
|