In the Matter of Phyllis Peterson, Now Known as Phyllis Martin, Court Reporter. United States of America v. Robert Marshall

This proceeding grows out of the appeals in United States v. Marshall, 9 Cir., 1973, 488 F.2d 1169 . In our opinion in that case, we set out, line for line, with all indentations, portions of the 1,410 page reporter’s transcript, to show the format in which that transcript was prepared by the reporter. We also described the controversy about the transcript (see 488 F.2d at 1196-1204 ).

When our opinion was filed, we issued an order directing the reporter to show cause why she should not be required to repay the moneys that were paid to her as a result of the trial judge’s order to show cause. The reporter responded in writing, and requested a hearing, which was held on March 5, 1974. This opinion constitutes our findings of fact and conclusions of law.

Fees of the reporters in the United States Courts for transcripts are prescribed by the Judicial Conference, pursuant to 28 U.S.C. § 753 (f). The Conference, at its September 19-20, 1968 session, fixed the fees at $1.00 per page for the original and $0.40 per page for each copy. (Report of the Proceedings of the Judicial Conference of the United States, Sept. 19-20, 1968, page 58.) The Conference has also set standards…