§ 435. Qualifications of state reporter and deputies. No one shall be appointed to the office of state reporter or of deputy state reporter who is not an attorney and counselor of this state; provided, however, that the limitation contained herein with respect to appointment to the office of deputy state reporter shall not apply to any deputy supreme court reporter or assistant supreme court reporter transferred from the office of the supreme court reporter to the law reporting bureau in accordance with the direction contained in section six of chapter four hundred ninety-four of the laws of nineteen hundred thirty-eight.