Certified court reporter: Appointment; compensation; material required for and prohibited from inclusion in notes

1. Whenever criminal causes are being investigated by the grand jury, it shall appoint a certified court reporter. If the certified court reporter is not an official reporter of the district court, the certified court reporter shall, before entering upon his or her duties, take and subscribe the constitutional oath of office. The certified court reporter is entitled to receive the same compensation for services as an official reporter of the district court. 2. Except as otherwise provided in subsection 3, the certified court reporter shall include in the notes taken of a grand jury proceeding all criminal matters which come before the grand jury including: (a) The charge by the impaneling judge; (b) Any subsequent instructions or statements made by the judge; (c) Each statement made by the district attorney; (d) Each question asked of and response given by the witnesses who appear before the grand jury; and (e) Any statements made by the grand jurors during the proceeding. 3. The certified court reporter shall not include in his or her notes: (a) Any confidential communication between a witness and the witness’s legal counsel, if the legal counsel is allowed to accompany the witness before the grand jury; or (b) The deliberations and voting of the grand jury.