Governments are ultimately responsible to you and me. This means that, where the perception of impartiality is concerned, there is far less of a risk that a losing litigant against the government will view the process as biased even if the same government is paying the reporter. Compare that silence with the loud concerns voiced about freelance contracting, and one can easily perceive the difference. Likewise, a win in a big lawsuit could enrich the personal bank account of corporate officers by millions. In short, corporate officers stand to gain or lost lots of their own money in litigation.
Government officials have no similar personal stake in the outcome of litigation.
At least one state has taken the position that where government agencies are parties to litigation, they should also be prohibited from directly contracting for court reporting services related to the litigation. In a 1997 advisory opinion, New Mexico's Court Reporter Board sets up a functional capacity test for governmental and quasi-governmental entities. Copyright 1998-2000 Citizens for Impartial Justice. All rights reserved.