By Chris Herndon
I swear. Where I work In Kansas, there sure are a lot of oaths that an official court reporter may have to administer. There’s the typical oath we give a witness who’s about to take the stand to tell the truth, the whole truth, and nothing but the truth. Then there’s also an oath we give the interpreter translating from English to another language and then back again to correctly and faithfully discharge their duties as interpreter.
There’s an oath the official court reporter gives potential jurors before voir dire examination begins that those prospective jurors will answer questions from the court and counsel truthfully. And when the jury is eventually selected, in my courtroom it’s the oath administered by the official court reporter and responded to by the jury that attaches jeopardy to a jury trial.
But what about the reporter? What oath do they take?
When you become a certified reporter in my state, Kansas Supreme Court Rule 352 requires us to take an oath of office. Kansas Statutes Annotated 54-106 states, “All officers elected or appointed under any law of the state of Kansas shall, before entering upon the duties of their respective offices, take and subscribe an oath or affirmation, as follows:
‘I do solemnly swear [or affirm, as the case may be] that I will support the constitution of the United States and the constitution of the state of Kansas, and faithfully discharge the duties of [court reporter]. So help me God.’”
So that oath we take, are those mere words to recite or should we take it seriously?
Does that mean we’re an officer of the court? Yes, it does. It means we have a duty and responsibility to provide all participants in the judicial system with an accurate record of judicial proceedings. Not unlike the judge, we are to remain unbiased and discreet in our opinions on cases we hear. And by doing so, we’re able to give an accurate and fair accounting of court proceedings to the judiciary, the legislature, the executive branch, and most importantly to the people. The National Court Reporters Association has long given its members written guidance on how to perform our professional duties. Likewise, at the very heart of our professional responsibility are the state and federal constitutions setting forth the rights and obligations of all the people those documents govern and the laws that emanate from them. As officers of the court then, we are guardians of the record, a record everyone may rely on in the administration of our laws and our constitution.
So that oath we take, are those mere words to recite or should we take it seriously? When we remember our country is founded on a document, the U. S. Constitution, and when we remind ourselves it’s the people who make that constitution work well, maybe we know the answer. How important is the accuracy of the transcripts we create? Should we be the kind of court officer the public can trust to provide an accurate record? Can you then swear to uphold the U.S. Constitution and your state’s constitution?
Maybe reading the constitution would help you make up your mind. If you’ve never read the U. S. Constitution, it’s easy to find at The Constitution of the United States: A Transcription | National Archives. The National Archives also sells hardback copies of the constitution at a minimal charge. In my home state of Kansas, our state bar association has a website that gives all the details about The Constitution of the State of Kansas. Does your state bar do the same?
So, while there may be many oaths we’re challenged to memorize and administer as an official court reporter, perhaps the one oath we ourselves swear to is the most important one of all.
Chris Herndon, RPR, CRI, is an official court reporter from Prairie Village, Kan. She can be reached at clrherndon@aol.com.
