Advocates for practical solutions to address stenographer shortage allowing certified digital reporters to capture proceedings

SACRAMENTO, CA — The Coalition to Capture the Record today applauded California Attorney General Rob Bonta declaration of a crisis over state’s growing stenographic court reporter shortage and calling for immediate relief for the millions of Californians— especially low-income litigants—who are being denied a constitutional right: a record of what happened in court.

In a persuasive amicus curiae brief filed with the California Supreme Court this week, AG Bonta declared that Government Code §69957, which prohibits the use of electronic or digital recording in most civil courtrooms, is “untenable” and unconstitutional as it prevents low-income litigants from obtaining a verbatim record of their proceedings.

“The combination of the court reporter shortage and section 69957 means that low income litigants in California are unable to obtain a verbatim record of their superior court proceedings, including proceedings that affect some of the most significant aspects of their lives,” Bonta wrote.

Justice Denied, Because of Income

Verbatim court transcripts are essential for appeals and legal protections, but a staggering 70% of family, probate, and civil hearings in California now go unrecorded because of a catastrophic shortage of stenographic court reporters, according to the Judicial Council of California. That shortage does not impact individuals. Litigants with means can hire private stenographers—at rates of $1,000 to $3,000 per day. Low-income litigants must either wait months or go without a record entirely.

“This reality strips vulnerable Californians—many self-represented—of their right to appeal or to hold courts accountable,” Bonta’s brief states. “Section 69957’s blanket ban on digital recording offers no protection when the alternative is no record at all.” The Attorney General highlighted the devastating and disproportionate impact in cases involving child custody, domestic violence protection orders, elder care, and financial survival. In those cases, lives are upended by a judge’s ruling, and litigants have no ability to challenge that ruling without a transcript.

Outdated Law Is Blocking a Proven, Certified Solution

California’s antiquated law still bars its trial courts from using certified digital court reporters in civil, family, and probate cases. The technology is widely and increasingly used in federal courts, other states and in private deposition settings and has been shown to produce accurate, appeal-ready transcripts. California is in a state of crisis. Nationally, the stenographer workforce has declined by 40% since 2010, with far more court reporters retiring than entering the profession. The American Association of Electronic Reporters and Transcribers (AAERT) forecasts a nationwide shortage of nearly 11,000 court reporters by 2028. In California alone, the stenographer shortage’s impact is staggering. Between October 2023 and August 2024, over 1.2 million civil, family law, and probate hearings have taken place without a verbatim record, according to the Judicial Branch of California.

“This labor shortage is more than a workforce issue; it’s a growing constitutional crisis,” said Matt Riley, Executive Director of the American Association of Electronic Reporters and Transcribers (AAERT), a nationwide group that educates, trains and certifies professionals in digital court reporting, transcribing and associated roles.

“Accurate, timely transcripts are essential for fair trials, appeals and the overall integrity of the legal system. With the supply of stenographers continuing to decline, it is well past time to embrace all certified court reporters regardless of method to ensure access to justice,” Riley said.

Digital Court Reporting Enters as Practical, Certified Solution

Contrary to misconceptions, digital court reporting, as opposed to “electronic court reporting,” is not just a machine running in the back of a courtroom. Like stenographers, digital court reporters are trained professionals who:

  • Operate specialized multi-channel audio recording systems in court with advanced redundancy measures in place.
  • Swear in witnesses and mark and collect exhibits.
  • Monitor the proceedings, note speakers, mark exhibits, and ensure clarity of the record.
  • Take detailed log notes and certify the official record, often with additional transcription completed by a trained professional.
  • Can be certified by accredited organizations, such as AAERT, which maintains rigorous testing and ethical standards.

Digital reporting is already used effectively in many federal and state courts. The technology is reliable, the professionals are qualified, and the transcripts are legally recognized and appeal-ready.

AB 1189: A Legislative Fix Within Reach

The coalition urges lawmakers to pass AB 1189, which would authorize the Court Reporters Board of California to license, certify, and regulate digital court reporters—expanding access while maintaining professional standards.

“The Attorney General of California is asking for the same relief as expressed in my bill, which provides for the certification of digital court reporters by the Court Reporters Board. The severe shortage of court reporters is denying Californians their Sixth Amendment right to a speedy and public trial,” Assemblyman Tom Lackey (R-Palmdale) said. “Without a record, there is no ability to appeal a ruling, and that is unconstitutional.”

About the Coalition to Capture the Record
The Coalition to Capture the Record advocates for expanding access to digital reporting services—supplementing, not replacing, traditional stenography methods—and ushering in a new era of accessibility and collaboration in the justice system with a diversified pool of highly trained court reporting professionals to create the verbatim record. To learn more about Coalition to Capture the Record and get involved, visit www.capturetherecord.com.

For more information
Natalie Bauer Luce
Culloton + Bauer Luce
nb@cullotonbauerluce.com

Sharon van Zwieten
Culloton + Bauer Luce
svz@cullotonbauerluce.com