CLA Submits Amicus Letter Supporting Petition Challenging the Constitutionality of California’s Limitation on the Use of Electronic Recordings to Create a Verbatim Record of Court Proceedings

SACRAMENTO, Calif. (December 9, 2024): California Lawyers Association (CLA) submitted an amicus letter on December 5, 2024, in support of the Petition for Writ of Mandate and/or Prohibition that was filed with the California Supreme Court and is aimed at addressing California’s court reporter shortage by mandating the use of electronic recording when court reporters are not available.

As highlighted in the Petition, filed by the Family Violence Appellate Project (FVAP) and Bay Area Legal Aid, “There is an access to justice crisis in the California courts, an ever-worsening court reporter shortage that deprives litigants of verbatim recordings of civil proceedings.” The Petition seeks an order from the Supreme Court mandating that, for any civil proceeding, a litigant who cannot afford to pay for a private court reporter is entitled to have an official verbatim recording created at no charge, including by electronic recording if a court reporter is not available.

“The current situation is untenable and inherently unfair. California has a two-tiered system of justice, where wealthy litigants can afford to obtain a verbatim record by paying a private court reporter, but low-income parties who cannot afford the cost are severely disadvantaged,” said Betty Williams, President of CLA. “CLA strongly supports the relief sought in the Petition. We welcome this effort to address a longstanding and worsening problem in our justice system.”

Under current California law, courts are authorized to create official verbatim records using electronic recordings when a court reporter is not available, but only in limited civil cases (cases involving a dispute of $35,000 or less), misdemeanor, or infraction cases. Courts are prohibited from using electronic recordings to create verbatim records in other types of cases. Electronic recordings are regularly used instead of court reporters in federal courts, and most of the other states use electronic recordings in their courts. Therefore, as CLA’s amicus letter notes, “modern audio recording equipment is widely used to create an accurate and inexpensive record of proceedings in virtually every courtroom setting except unlimited civil, family, and probate proceedings in California.”

CLA’s amicus letter provides examples from practicing attorneys of real harm caused to litigants because of the absence of a verbatim record, at both the appellate and trial court levels. CLA emphasized that the “prohibition on electronic recording – even when there is no other way of making a verbatim record – has created a system of injustice throughout the state.” CLA urges the Supreme Court to find that the current statutory limitation on the use of electronic recording is unconstitutional and may not be applied to litigants who cannot afford or otherwise practicably obtain a private court reporter when the court does not provide a court reporter.

For more information about this case, please see FVAP’s webpage or Bay Area Legal Aid’s webpage. More information about California Lawyers Association is available at www.calawyers.org.

About California Lawyers Association

Established in 2018 and headquartered in Sacramento, California Lawyers Association is the statewide voluntary bar association for all California attorneys. CLA’s mission is to promote excellence, diversity, and inclusion in the legal profession and fairness in the administration of justice and the rule of law. Visit us at www.calawyers.org to learn more about CLA or follow us on Instagram, Facebook, LinkedIn, or X.

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