Paxton, 123119 TXAGO, AGO RQ-327-KP

• Case Date: December 31, 2019
• Court: Texas

The Honorable Ken Paxton AGO RQ-327-KP No. RQ-0327-KP Texas Attorney General Opinion December 31, 2019          The Honorable Ken Paxton          Attention: Opinion Committee          P.O. Box 12548          Austin, Texas 78711-2548          RE: May a judge of a court of record appoint an official court recorder in lieu of an official court reporter? If an official court recorder may be appointed in lieu of an official court reporter, do the statutory provisions relating to court reporters apply to court recorders? Namely, §152.905 of the Texas Local Government Code and §52.051 of the Texas Government Code.          Dear Attorney General Paxton:          Due to an increased shortage of court reporters, and the need to avoid delays in court proceedings when an official court reporter retires, passes away or is otherwise unavailable the Judge of the 2^nd Judicial District Court of Cherokee County, Texas requested I forward these questions for your consideration. Please accept this letter as a request for an Attorney General Opinion on these matters.          I submit the following for your consideration:          The Texas Government Code mandates, "Each judge of a court of record shall appoint an official court reporter. An official court reporter is a sworn officer of the court and holds office at the pleasure of the court." V.T.C.A., Government Code §52.041          Additionally, Rule 13.1 of the Texas Rules of Appellate procedure seems to allow for the use of electronic recording equipment operated by an official court recorder instead of a stenographic recording by an official court reporter as it states:          The official court reporter or court recorder must:

(a) Unless excused by agreement of the parties, attend court sessions and make a full record of the proceedings;

(b) Take all exhibits offered in evidence during a proceeding and ensure that they are marked;

(c) File all exhibits with the trial court clerk after a proceeding ends;

(d) Perform the duties prescribed by Rules 34.6 and 35; and

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