HonorableWayne

County Attorney Kaufman County Kaufman, Texas September 13, 1957

Pearson OpinionNo. WW-257

Re: May an individual serve as an official court reporter and perform the duties prescribedby Article 2324,V.C.S. and Article 2324a, V.C.S., when the individual is under the age of 21 years and is unable to take

. _ Dear Mr. Pearson: shorthandnotes:,

You have requested an opinion concerning the qualificationsof an official District Court Reporter. In your requestyou have posed the following questions:

"1

. Under Article 2324, do stenotypenotes constitute 'fullshorthandnotes?'

“2. Is a person under the age of 21 years, and who has had his dis&bilities ofminority removed and who is -otherwise competent, qualified to serve as an official shorthand court reporter?

“3. Under Article 2324-A, is an official District Court reporter,who is not a notary public, and who, by reason of age, can not qualify as a notary public, qualified to perform the acts enumerated in said Article'?"

We shall answer your questions in the orderpresented.
Article 2324, Vernon's Civil Statutes, reads in part as fGllows:

"Each official court reporter shall:
"Attendall sessi,ons of the court; take full shorthandnotes of all cr.21 testimony offered in every case tri,edin said court, togetherwith all objections to the admissibility of the evidence,Honorable Wayne Pearson, Page 2 (WW-257)

the rulings and remarks of the court thereon, and all exceptions thereto; take full shorthandnotes of closing argumentswhen requested so to do by the attorney for any party to such case, togetherwith all objections to such arguments, the rulings and remarks of the zourt thereon, and all exceptions thereto;

. . . The above quotedprovisions require that the official court reporterkeep an adequate record of oral testimony offered in each case, along with certain otherpertinent oral statements. We believe that the purpose of these provisions is to insure the preservation of such oral statementsas might be requiredupon an appeal of the decision of the trial court. We furtherbelieve that the use of the phrase "full shorthandnotes" is not tobe construed as limiting the transcriptionof oral statements to thismethod alone, but rathermay be taken as an indicationof the degree of detail required in such records. For this reason, it is our opinion that the inclusion of the phrase "full shorthandnotes" in the provisions of Article 2324, Vernon's Civil Statutes, does not preclude the use of notesmade by akenotype machine, or any othermechanical device, so long as themethod used provides a complete and accurate transcriptionof such oral statementsas are required to be recordedunder the provisions of the statute. For this reason your first questionmust be answered in the affirmative.

Article 2321,Vernon's Civil Statutes,provides for the appointment of officialdistrict court reporters. We have failed to find any age requirementwithin the provisions of this or any other statute relating to official court reporters. For this reason,we are of the opinion that a person under the age of 21 years is qualified to serve as an official court reporter, and therefore,must answer your second question in the affirmative.

Article 232&a, Vernon's Civil Statutes,provides in part as follows:

"Section 1. All officialDistrict Court reporters are authorized to take depositions of witnesses, and to i?eCeiVe, execute and return commissions,administer oaths and affidavits, in connectionwith such depositions,and make a certificate of such fact, and do all other things necessary in the taking of such depositions in accordancewith existing laws.
"Sec. 2. Said reporters shallhave authorityHonorableWayne Pearson, Page 3 (W-257)

to perform the above mentioned acts only within any countywithin the judicialdistrict that such reporterwas appointed and serving In connection with his official business, in the State of Texas." Article 2321 provides in part as follows:
"Eachdistrict and criminal district judge shall anpoint an official court reporterwho shallbe-a sworn officer of the court and shall hold his office during the pleasure of the court.

. . . (Emphasisadded)

We believe that the above quoted provisions clearly indicate that an official district court report is an officer of the court and as such,his powers and duties extend to the boundaries of all countieswithin the judicialdistrict. We, therefore,believe that when a district court reporter undertakes to perform the functions as set forth in Article 2324a, he acts as an officer of the court and functionsunder the authorityvested in him by virtue of that office. For this reason,we believe that he may perform all of the acts set forth in this statute, irrespectiveof the fact that he may or may not be a notary public. For this reason we must also answer your third question in the affirmative.
SUMMARY
An Individualmay serve as an official district court reporter and perform the functions required of him by Article 2324, Vernon's Civil Statutes, and Article 2324a,Vernon's Civil Statutes, even though that person is under twenty-oneyears of age and is unable to take shorthandnotes. Very truly yours,
WILL WILSON

WCR:pf:jl APPROVED: OPINION COMMITTEE nd C. Rivers, Jr. Assistant

Gari.P. Blackburn, Chairman J. C. Davis, Jr. John Reeves iilyie pert

E Allen REVIEWED FOR THE ATTORNEY GENERAL BY: James N. Ludlum