May 23, 2006
This responds to your inquiry (06-26) asking whether there is any ethical conflict in having a court reporter stenographically record court proceedings when the court reporter’s attorney spouse appears. You have advised that the District Attorney has no objection to the court reporter stenographically recording court proceedings involving his/her attorney spouse as long as the court also creates a back-up record using a CD machine.
This Committee has previously advised that there is no ethical conflict where an attorney appearing in the court is married to the court reporter who will stenographically record the proceedings, but that the judge should disclose to all parties the relationship between the attorney and the court reporter. Opinion 94-47 (Vol. XII). Similarly, this Committee sees no ethical conflict in the procedure you have described, particularly where the District Attorney is in agreement and the court will create a back-up record of all proceedings using a CD machine.
We have enclosed a copy of Opinion 94-47 (Vol. XII) for your consideration.