Like many states across the country, California is struggling with a significant challenge in its legal system: a growing shortage of stenographers. This shortage threatens the timely and accurate capture of the record, which is crucial for maintaining the integrity of the justice system. With demand outpacing the number of stenographers available, courts are turning to stopgap measures to address growing delays in proceedings.     

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Take Los Angeles, for example. Despite the LA Court’s efforts to recruit, retain, and build a pipeline of court reporters, the number of court-employed stenographers has continued to decline.  Since 2018, the Court has seen a net loss of 117 court reporters, including 11 lost after initiating targeted retention and recruitment efforts last year.   

This problem is not unique to Los Angeles. According to the California Legislative Analyst’s Office, as of March 2024, California trial courts needed 691 additional full-time court reporters to “provide court reporters in all proceedings where electronic recording is not authorized.” Alarmingly, only 68 new licenses were issued statewide in the most recent reported fiscal year according to the California Court Reporters Board. 

This shortage of stenographers is causing severe delays in delivering transcripts and, in some cases, failing to produce any record at all.  This poses a serious threat to litigants’ constitutional rights, especially in high-stakes cases like domestic violence restraining orders and child custody hearings.  

The LA Courts have aptly declared the situation a “constitutional crisis.”  

LA Court’s General Order on Electronic Recording   

In response to this shortage, on September 5, 2024, the Los Angeles Superior Court issued a General Order allowing the use of unmanned electronic recording for non-criminal court proceedings where no stenographer is available. While this development is a necessary stopgap, it does not go far enough to address the underlying issue. Many advocates believe the legal system must embrace additional alternative methods of record capture, specifically digital and voice reporting, as viable solutions to overcome the stenographer shortage.   

The Stenographer Shortage in California: Making the Case for Digital Reporting  

Digital reporters are highly trained professionals who use purpose-built hardware and software designed to capture high-quality audio, real-time text translation, and detailed annotations.  These reporters perform meticulous testing and monitoring Before and during legal proceedings, ensuring that any issues are quickly identified and corrected.  They are also equipped with multiple redundancies, including draft text, to prevent data loss.  

To fully address the shortage, California state law needs to evolve. 

Amending the law to expand the use of digital reporting would allow California courts to:     

  • Expand Resources: Increase the pool of available reporters available to capture proceedings.   
  • Maintain High Standards: Uphold the accuracy and integrity of court records through a combination of human oversight and cutting-edge technology.   
  • Mitigate Delays: Reduce backlog and speed up the judicial process by increasing coverage capacity.   

While Los Angeles Superior Court’s General Order is a step in the right direction, the stenographer shortage and outdated restrictions on digital reporting will continue to challenge California’s legal system. Updating laws to permit the use of digital reporting will enable courts to meet growing demand, ensure timely access to justice, and maintain the accuracy and professionalism required to capture the legal record.