(A) Freelance reporting activities shall mean the reporting or transcription by an official court reporter of oral statements or proceedings of any nature whatsoever, other than those required by these rules, those specifically requested by the judge who appointed the reporter, or for said judge's substitute, or by the State Court Administrator.
(B) Except as provided for by these rules, an official court reporter may engage in freelance reporting activities during normal working hours if, and only if, the reporter takes leave without pay and said activities are determined by the judge who appointed the reporter to be in the interest of the public, provided, however:
(1) The taking of leave without pay shall not be required if the freelance activity occurs during a reporter's lunch hour, while the reporter is on vacation leave, or while the reporter is taking compensatory time off.
(2) Freelance reporting activities shall not be performed during any period in which the reporter is granted an extension to complete and file a bill of exceptions except for those activities related to the specific bill of exceptions for which the extension has been granted.
(3)(i) Freelance reporting activities shall not be performed when the presence of the official court reporter is required by these rules, by the judge who appointed the reporter, by said judge's substitute, or by a judge to whom the reporter has been assigned by the State Court Administrator except, however, transcription described in § 1-203(B) or (C) may be performed during this time if the appointing judge or judge's substitute determines such transcription is in the best interests of the public, and the time spent at such transcription is not in conflict with any other duties of the official court reporter.
(ii) If the reporter's full-time presence is not required by the appointing judge or judge's substitute during normal working hours, the reporter may, without taking leave without pay, engage in transcription described in § 1-203(B) or (C) only.
(C) All other outside employment during normal working hours is prohibited.
(D) An official court reporter shall neither provide nor cause to be provided any public office space to any of the reporter's employees or associates.
(E) An official court reporter shall not use any publicly-owned supplies or equipment in connection with any freelance reporting activity. Provided, however, that permission to utilize state-owned equipment for purposes outside the scope of official court reporting duties may be given by the Nebraska Supreme Court if: (1) the equipment is to be used for purposes of recording proceedings of other public entities; (2) operation of the recording equipment by the reporter will not be during working hours nor in any other way interfere with the reporter's official responsibilities; and (3) payment of $10 to the State of Nebraska, through the office of the State Court Administrator, is made from any such public entity for each day or any part thereof that the equipment is used.
(F) All leave without pay taken for the purpose of engaging in freelance activity shall be recorded on the monthly timesheet. The amount of income and the leave earnings on the following month's paycheck shall be adjusted to reflect any time recorded on the timesheet as leave without pay. Hours spent in transcription preparation under § 1-211(B)(3) during normal working hours shall be recorded on the monthly timesheet as prescribed by the Office of the State Court Administrator.
(G) An official court reporter shall not be eligible for injury leave or workers' compensation benefits for injury sustained while on leave without pay.
(H) An official court reporter shall not evade the provisions of this rule by employing a substitute court reporter to perform any official duty.
Rule 11(A), (B), and (F) amended June 19, 1996. Renumbered and codified as § 1-211, effective July 18, 2008; § 1-211 amended June 9, 2010; § 1-211(F) amended January 30, 2014.