Supreme Court of Mississippi Establishes Revised Ethics and Practice Standards for Certified Court Reporters

Introduction

On May 1, 2025, the Supreme Court of Mississippi issued an order granting the Petition of the Mississippi Court Reporters Association to amend portions of the Rules and Regulations Governing Certified Court Reporters. Specifically, the court approved changes to Rule I(U)—the definition of “Official Court Reporter”—and Rule IX(E)(6)—the Code of Professional Ethics provision governing gifts and incentives. The amendments take effect July 1, 2025.

Parties and stakeholders include:

• The Mississippi Court Reporters Association (petitioner)
• The Board of Certified Court Reporters (rulemaking body)
• The Supreme Court of Mississippi (approving authority)
• All certified, noncertified, nonresident, official, and freelance court reporters in Mississippi

The key issues were whether to clarify the status and permissible activities of official court reporters, and to refine the ethical limits on gifts and gratuities to $100 per recipient per year (or recognized pro bono exceptions).

Summary of the Judgment

The Supreme Court, by a majority vote of eight to one, granted the petition to amend:

1. Rule I(U): The definition of “Official Court Reporter” was tightened to confirm that official reporters are full-time employees appointed by circuit, chancery, or county judges and may not undertake freelance assignments except under narrowly described conditions with judicial approval.
2. Rule IX(E)(6): The Code of Professional Ethics was revised to cap allowable gifts, incentives, or rewards to attorneys, witnesses, insurers, and other parties at $100 per recipient per year, with an express carve-out for pro bono services under NCRA guidelines or applicable law.

The court ordered the Clerk to enter the changes upon the minutes and to forward them for publication. The amendments become effective July 1, 2025. Justice King dissented.

Analysis

Precedents Cited

Though the order does not cite prior appellate decisions, it expressly relies on statutory authority and existing rulemaking procedures:

• Miss. Code Ann. § 9-13-3 (1974) – Oath requirements for official court reporters.
• Miss. Code Ann. § 9-13-9 (1974) – Bond requirements for court reporters.
• Previously adopted Rules and Regulations Governing Certified Court Reporters – the body of definitions and professional obligations approved by the court and maintained by the Board.

By amending these rules, the Supreme Court exercises the rulemaking power vested in it by the state constitution and statutes that authorize regulation of court personnel. The court’s deference to the Board’s expertise follows established practice: professional boards propose changes, and the court reviews and approves them.

Legal Reasoning

The court’s reasoning can be understood in three steps:

1. Authority to Act: The Supreme Court confirmed its constitutional and statutory authority to adopt and amend rules governing the qualifications, duties, and ethics of court reporters.
2. Petition Review: After notice and consideration, the court found the proposed amendments consistent with the public interest—promoting integrity, clarifying roles, and protecting the fairness of proceedings.
3. Implementation: The court ordered formal entry of the amendments and directed publication, setting an effective date to give practitioners time to comply.

Justice King’s dissent likely reflects a disagreement over either the substance of the gift-limitation provision or concerns about restricting official reporters’ flexibility, though the published dissent is not included here.

Impact

The decision is significant for several reasons:

• Professional Boundaries: By reaffirming that official court reporters must be full-time employees and limiting freelance work without judicial approval, the court ensures focus on impartial, consistent court coverage.
• Ethical Clarity: The $100 annual cap on gifts provides a bright-line rule, reducing uncertainty about permissible courtesies and guarding against undue influence.
• Uniform Standards: Amendments to definitions and ethics promote uniform practice across Mississippi’s courts, guiding noncertified and nonresident reporters as well.
• Precedential Value: Future petitions by the Board or similar bodies will follow this template—detail the operational need, seek court approval, and adopt clear, enforceable standards.

Complex Concepts Simplified

• Official Court Reporter: A reporter appointed by a judge, employed full-time, barred from outside freelance work unless the judge expressly permits and the reporter has no backlog of appeals.
• Freelance Court Reporter: A licensed reporter available for private assignments such as depositions, not tied to a single court appointment.
• Temporary Permission: A limited, non-permanent license for nonresident or noncertified reporters to work in Mississippi under Board regulation.
• Code of Professional Ethics – Gift Limit: Reporters may give small tokens (under $100 per recipient per year) but must avoid anything that looks like a bribe or creates a conflict of interest.

Conclusion

This order marks a milestone in the regulation of Mississippi’s court reporting profession. By clarifying the status of official reporters and codifying a concrete gift-limitation rule, the Supreme Court has reinforced ethics, impartiality, and transparency. Practitioners should review the amended rules now in Exhibit A and ensure full compliance by the July 1, 2025 effective date. Going forward, this decision will serve as the controlling authority for rulemaking in professional court reporting standards.