2005 Illinois Code - Chapter 705 Courts 705 ILCS 70/ Court Reporters Act.
(705 ILCS 70/1) (from Ch. 37, par. 651)
Sec. 1. Definitions. In this Act:
"Court reporter" means any person
appointed by the chief judge of any circuit to perform the duties
prescribed in Section 5 of this Act.
"Employer representative" means, with respect to wages, fringe
benefits, hours, holidays, vacation, proficiency
examinations, sick leave, and other conditions of
employment:
(1) For court reporters employed by the Cook County
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Judicial Circuit, the chief judge of the Cook County Circuit Court.
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(2) For court reporters employed by the 12th, 18th,
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19th, and, on and after December 4, 2006, the 22nd judicial circuits, a group consisting of the chief judges of those circuits, acting jointly by majority vote.
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(3) For court reporters employed by all other
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judicial circuits, the chief judges of those circuits, acting jointly by majority vote.
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The chief judge of the judicial circuit that employs a public employee who
is
a court reporter, as defined in the Court Reporters Act, has the authority to
hire, appoint, promote, evaluate, discipline, and discharge court reporters
within that judicial circuit.
(Source: P.A. 94‑98, eff. 7‑1‑05.)
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(705 ILCS 70/2) (from Ch. 37, par. 652)
Sec. 2.
This Act shall be known and may be cited as the Court Reporters Act.
(Source: Laws 1965, p. 2616.)
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(705 ILCS 70/3) (from Ch. 37, par. 653)
Sec. 3. Number; determination and certification.
The number of full‑time and part‑time court reporters that may be
appointed in each circuit shall be determined by the
employer representative. In
determining how many court reporters are needed in each circuit the
employer representative shall consider the following factors: (1) case loads in the circuit;
(2) the number of associate judges and circuit judges in the circuit; (3)
the number and location in the circuit of major federal and state highways;
(4) the location in the circuit of state police highway truck weighing
stations; (5) the relationship of urban population to large metropolitan
centers in the various counties of the circuit; (6) the location in the
circuit of state institutions including, but not limited to, universities,
colleges, mental health facilities, penitentiaries; (7) the number of
cities and towns within each circuit in which regular court sessions are
held and the distance in road miles between each; and (8) any other factor
deemed relevant by the
employer representative.
The employer representative
may, as the need arises, increase or lower the
number of such court reporters so authorized.
The Chief Judge of each circuit may designate any number of approved full‑time court reporter positions as time share positions.
For the purposes of this Act, "time share position" means a full‑time
court reporter position that is divided among 2 or more court reporters
with the full‑time salary and benefits being apportioned among the court
reporters in the same percentage as the duties of the full‑time position
are apportioned.
(Source: P.A. 94‑98, eff. 7‑1‑05.)
(705 ILCS 70/4) (from Ch. 37, par. 654)
Sec. 4. Appointment; oath. The chief judge may appoint all or any of the
number of court
reporters authorized by Section 3 of this Act. The court
reporters so appointed shall serve at the direction of the
chief judge and
may be removed by the chief judge.
Each court reporter appointed shall, before entering upon the duties of
his office, take the official oath to faithfully discharge the duties of
his office to the best of his knowledge and ability.
The appointments shall be in writing and shall be filed with the
Clerk of the Circuit Court of the circuit in which the court reporters are
employed and shall continue in force until revoked by the
chief judge
of the circuit in which the court reporter is appointed.
(Source: P.A. 94‑98, eff. 7‑1‑05.)
(705 ILCS 70/4.1) (from Ch. 37, par. 654.1)
Sec. 4.1. Appointment and salary of administrative personnel.
(a) The
employer representative may authorize the chief judge of
any single county circuit
in which official court reporting services are centrally administered,
(1) to appoint from among the court reporters appointed in the circuit
an Administrator of Court Reporters, a Deputy Administrator of Court
Reporters and 2 Assistant Administrators of Court Reporters, (2) to
designate from among the court reporters appointed in the circuit one
Reporter Supervisor and one Assistant Reporter Supervisor for each
Department and Division of the circuit court, and (3) to appoint
secretarial and other support staff to assist the Administrator. Each
Administrator, Deputy Administrator, Assistant Administrator, Reporter
Supervisor, and Assistant Reporter Supervisor shall have an "A" proficiency
rating, by examination, as provided in Section 7.
(b) Administrative personnel appointed under this Section shall be
paid by the State.
(1) In addition to their regular salary as official
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court reporters, the administrative personnel appointed under this Section shall be paid such additional sums as the employer representative specifies. Such sums shall be included in the pay schedule adopted pursuant to Section 8. The additional amounts paid shall reflect the burden of administrative responsibility borne by the administrative personnel and the consequent lack of opportunity to produce transcripts of testimony. The additional amounts paid to such personnel shall not exceed the following:
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(A) Administrator of Court Reporters: $20,000 per
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(B) Deputy Administrator of Court Reporters:
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(C) Assistant Administrators of Court Reporters:
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(D) Reporter Supervisors: $10,000 per year.
(E) Assistant Reporter Supervisors: $5,000 per
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(2) Each of the secretarial and other support staff
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authorized under this Section shall be paid a salary as determined per year by the employer representative.
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(Source: P.A. 94‑98, eff. 7‑1‑05.)
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(705 ILCS 70/5) (from Ch. 37, par. 655)
Sec. 5. Means of reporting; transcripts.
The court reporter shall make a full reporting by means of stenographic
hand or machine notes, or a combination thereof, of the evidence and such
other proceedings in trials and judicial proceedings to which he is
assigned by the chief judge, and the court reporter may use an electronic
instrument as a supplementary device. In the event that the court
utilizes an audio or video recording system to record the proceedings, a
court reporter shall be in charge of such system; however, the appointment
of a court reporter to be in charge of an audio or video recording system
shall not be required where such system is the judge's personal property or
has been supplied by a party or such party's attorney. To the extent that
it does not substantially interfere with the court reporter's other official duties,
the judge to whom, or a judge of the division to which, a reporter is
assigned may assign a reporter to secretarial or clerical duties arising
out of official court operations.
Unless and until otherwise provided in a Uniform Schedule
of Charges which may hereafter be provided by rule or order of the employer
representative, a court reporter may charge not to exceed 25� per 100 words for
making transcripts of his notes. The fees for making transcripts shall be
paid in the first instance by the party in whose behalf such transcript is
ordered and shall be taxed in the suit.
The transcripts shall be filed and remain with the papers of the case.
When the judge trying the case shall, of his own motion, order a transcript
of the court reporter's notes, the judge may direct the payment of the
charges therefor, and the taxation of the charges as costs in such manner
as to him may seem just. Provided, that the charges for making but one
transcript shall be taxed as costs and the party first ordering the
transcript shall have preference unless it shall be otherwise ordered by
the court.
The change made to this Section by this amendatory Act of 1987 is
intended to apply retroactively from and after January 1, 1987.
(Source: P.A. 94‑98, eff. 7‑1‑05.)
(705 ILCS 70/6) (from Ch. 37, par. 656)
Sec. 6. Assignment to serve outside of county of appointment; Travel
expenses.
The chief judge may assign a court reporter to serve anywhere within the
circuit in which the court reporter is appointed. A court reporter shall be
paid travel expenses incurred in connection with his official duties in his
circuit of appointment outside the county wherein he resides. Subject to
regulations which may be adopted by the Supreme Court, court reporters
shall be allowed travel expenses when traveling within their county of
residence in connection with their official duties.
The employer representative may assign a court reporter
to temporary service
outside his own circuit, but within the jurisdiction of the employer
representative, with the consent of the chief judge of his circuit.
A court reporter shall be paid travel expenses incurred in connection with
his official duties during such periods of temporary assignment.
Expense vouchers shall be submitted to the employer representative for approval.
The expense vouchers or claims submitted to the employer representative shall have
endorsed thereon the signed approval of the chief judge of the circuit in
which the court reporter incurred the expense for which claim is made.
(Source: P.A. 94‑98, eff. 7‑1‑05.)
(705 ILCS 70/7) (from Ch. 37, par. 657)
Sec. 7. Proficiency tests.
Except as otherwise provided in this Section, each court reporter in
office on January 1, 1966 or appointed on or after that date shall have
taken or shall thereafter take a test to rate his proficiency. The test
shall be prepared and administered by the employer representative in
consultation with each of the other employer representatives. The test shall
consist of three parts
designated Part A, Part B and Part C. If the court reporter in office on
January 1, 1966, or appointed on or after that date, successfully passes
any Part he shall be given a certificate designating him as an official
court reporter. If such court reporter fails to pass any part, the
employer representative shall so inform the
chief judge of the circuit in which the court reporter serves. Upon receipt
of note that a court reporter has failed to pass any part of the test, the
chief judge may discharge the court reporter or may allow him to continue
until the test is next administered. If, when the test is next
administered, the court reporter fails to pass any part of the test, he
shall be discharged by the chief judge.
The test shall be administered at least every six months if there are
candidates or applicants for the test. Any court reporter who has passed
Part C of the test may apply to take the Part B or the Part A section of
the test at the regular time such tests are given. If the court reporter
successfully completes Part B or Part A of the test, his proficiency rating
shall be adjusted to reflect passage of the more difficult Part.
Any court reporter who served as a court reporter in a circuit court for
5 years immediately preceding January 1, 1966 shall be certified as an
official court reporter without examination, and shall be credited with an
"A" proficiency rating, without examination.
(Source: P.A. 94‑98, eff. 7‑1‑05.)
(705 ILCS 70/8) (from Ch. 37, par. 658)
Sec. 8. Salaries.
(a) The salaries of all court reporters shall be
paid by the State. Full‑time court reporters shall be paid not less than
$6,000 nor more than $29,500 per year through June 30, 1984.
Beginning July 1, 1984, full‑time court reporters shall be paid not less
than $6,000 nor more than $31,250 annually. Beginning July 1, 1985,
full‑time court reporters shall be paid not less than $6,000 nor more than
$33,250 annually. Beginning July 1, 1986, full‑time court reporters shall
be paid not less than $6,000 nor more than $35,250 annually. Beginning
July 1, 1987, full‑time court reporters shall be paid not less than $6,000
nor more than $37,250 annually. Part‑time court reporters shall be paid
not less than $12 nor more than $60 per half‑day. The salary of each
individual court reporter shall be computed from a schedule adopted by the
employer representative. The salary schedule shall
reflect the following relevant
factors: (1) proficiency rating; (2) experience; (3) population of the
area to which a reporter is normally assigned; (3‑1) court reporters shall
receive the same annual percentage salary increase as provided to other
State‑paid non‑judicial employees of the Judicial Branch with equivalent
salaries, except that notwithstanding any other provision of law, salaries of
full time court reporters shall be increased by at least a percentage increase
equivalent to that of the "Employment Cost Index, Wages and Salaries, by
Occupation and Industry Groups, State and Local Government Workers Public
Administration", as published by the Bureau of Labor Statistics of the U.S.
Department of Labor for the calendar year immediately preceding the year of the
respective July 1st increase date. The increase shall be added to the then
current annual salary and the adjusted salary so determined shall be the annual
salary beginning July 1 of the increase year until July 1 of the next year; (4)
other factors considered relevant by the Director.
(b) (Blank).
(c) A court reporter who has previously passed, or who hereafter passes,
Part A or Part B of a proficiency test prepared and administered by the
employer representative shall be credited with an "A" or
"B" proficiency rating, as
appropriate.
(d) A court reporter who has been credited with an "A" proficiency
rating, without examination, as provided in Section 7 of this Act, shall
receive a salary of $10,000 per annum. Any increase in the maximum salary
payable to reporters shall not result in any increase for such reporter
unless and until he has passed the proficiency test.
(e) The salaries of all official court reporters employed by the State
shall be paid monthly, from moneys appropriated to the Comptroller for that
purpose, on the voucher of the chief judge of the circuit employing the
court reporters. The Comptroller may require all salary claims by part‑time reporters to be
substantiated by certificates signed by the reporter and approved by the
chief judge of the circuit.
(f) The salaries of time share court reporter positions may be
apportioned in the manner provided in Section 3 of this Act.
(Source: P.A. 94‑98, eff. 7‑1‑05.)
(705 ILCS 70/8.1)
Sec. 8.1. Appropriation request. Each employer representative shall
make an annual appropriation request in January to the General
Assembly to fund court reporters. When
necessary, an employer representative may request supplemental appropriations
to fund court reporters.
(Source: P.A. 94‑98, eff. 7‑1‑05.)
(705 ILCS 70/8.2)
Sec. 8.2.
Supreme Court; collective bargaining.
The Supreme Court shall
collectively bargain over wages, hours, and terms and conditions of employment
of all persons employed as court reporters in this State. The Supreme Court
shall recognize an exclusive bargaining representative of persons employed as
court reporters in this State, if that representative makes a showing, through
an election or otherwise, that it represents a majority of the court reporters,
in accordance with procedures for verifying majority status established by the
Court.
(Source: P.A. 93‑89, eff. 7‑2‑03.)
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(705 ILCS 70/8.5)
Sec. 8.5.
Advisory arbitration.
(a) All matters concerning wages, hours, and terms and conditions of
employment of court reporters are subject to advisory, non‑binding arbitration.
(b) Any party to a collective bargaining agreement with the exclusive
bargaining representative chosen under Section 8.2 may request that any matter
concerning wages, hours, or terms and conditions of employment of court
reporters shall be submitted to advisory, non‑binding arbitration and that the
Supreme Court shall appoint arbitrators. Upon receiving such a request, the
Court shall appoint a panel of one or more arbitrators and submit the matter
to the panel for advisory, non‑binding arbitration. The Court shall consult
with the parties in determining acceptable arbitrators.
(c) Arbitrators appointed by the Supreme Court under this
Section are entitled to compensation and to reimbursement for their reasonable
expenses
actually incurred in performing their duties, as provided by rules adopted by
the Court.
Arbitrators' compensation and reimbursement shall be paid from moneys
appropriated for that purpose.
(d) The Supreme Court shall create a roster of arbitrators who are available
and qualified for appointment under this Section, as provided by rules adopted
by the Court.
(Source: P.A. 93‑89, eff. 7‑2‑03.)
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(705 ILCS 70/9) (from Ch. 37, par. 659)
Sec. 9.
The following acts are repealed:
"An Act to authorize the judges of
Circuit, Superior, City and Town courts to appoint shorthand reporters and
to provide for their duties and compensation", filed July 20, 1927, as
amended; "An Act to provide for the payment of travel expenses of
official shorthand reporters of Circuit courts", approved July 15, 1953, as
amended; "An Act to authorize the judge of the Probate Court in any
county of more than 70,000 and less than 500,000 inhabitants to appoint a
shorthand reporter for the taking and preservation of evidence, and fixing
the compensation to be paid therefor", approved June 28, 1919, as
amended; "An Act authorizing chief circuit judges to appoint reporters
for the taking and preservation of evidence and to provide for the
compensation of such reporters", approved May 14, 1903, as amended.
(Source: Laws 1965, p. 2616.)
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