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As court reporting demands continue to outpace capacity across the country, legal systems are struggling to maintain timely verbatim records of legal proceedings. From California to Iowa and Illinois, down to Arkansas and Oklahoma, east to New York, this challenge threatens a fundamental function of our legal system’s operations.

The impact is particularly severe for vulnerable litigants. In California, the Family Violence Appellate Project joined Bay Area Legal Aid in filing suit to address what they termed a “constitutional crisis” stemming from the shortage.

As Jennafer Wagner, Family Violence Appellate Project’s Director of Programs, explains: “Thousands of litigants in family law and probate cases leave courtrooms every day without a verbatim record of what transpired. The result is often devastating for low-income litigants, including survivors of domestic violence who rely on courts for critical orders to protect them and their families, including restraining orders, child custody and visitation orders, spousal and child support orders, orders declaring debt was caused by domestic abuse, and many others.”

To address these challenges effectively, we must first clarify some common misconceptions:

Recruitment Alone Cannot Bridge the Gap
While supporting entry into stenography remains important, this approach alone cannot address the scale of the current situation. Despite substantial efforts – including signing bonuses, retention incentives, and educational support – the shortage persists. In California, for example, despite offering significant financial incentives, including $50,000 signing bonuses and $15,000 student loan allowances, the state still faces a critical shortage. According to the California Legislative Analyst’s Office, as of March 2024, California trial courts needed 691 additional full-time court reporters, while only 68 new licenses were issued statewide in the most recent fiscal year.

The Essential Human Element
While some jurisdictions have turned to unmanned electronic recording as a last resort, technology alone cannot ensure the integrity of the legal record. Digital reporting and voice reporting methodologies integrate advanced technology with highly trained, certified professionals who maintain the same rigorous standards as their stenographic colleagues. These certified professionals, regardless of capture methodology:

• Serve as officers of the court, administering oaths and maintaining proceeding solemnity
• Actively manage exhibits and provide real-time access to testimony 
• Intervene to ensure clear speech, prevent overlapping dialogue, and document nonverbal responses
• Bear responsibility for record accuracy and completeness
• Maintain procedural integrity throughout proceedings

The path forward requires moving beyond stopgap measures like unmanned recording systems, which fail to provide the essential human oversight that safeguards record integrity. Instead, recognizing all capture methodologies as equal partners ensures both immediate access to justice and long-term sustainability of our court reporting system.

By updating civil procedure rules to acknowledge these proven approaches, states can:

• Maintain the high standards of court reporting through active professional oversight
• Ensure timely access to justice for all litigants
• Support efficient court operations while avoiding compromises in quality

The collaboration between stenographic, digital, and voice reporters creates a robust foundation for meeting our justice system’s needs. Each methodology, backed by certified professionals who actively manage proceedings, brings valuable capabilities. This professional integration ensures that no litigant faces delayed or denied justice due to reporter unavailability, while maintaining the exacting standards our legal system demands.

The imperative is clear: embracing all certified capture methodologies, each guided by trained professionals, strengthens our commitment to equal justice under law while ensuring the integrity of every legal proceeding.