The Supreme Court of California has made a landmark decision: electronic recording is allowed in civil cases when the court cannot provide a court reporter and the parties cannot afford to hire one privately.
In its unanimous ruling, the court sided with advocacy groups representing domestic violence victims who argued that the existing system created a “two-tiered” system of justice, where those who could afford to pay thousands of dollars for a private court reporter could access a complete record, while others could be left without one.
The continued failure of the superior courts to provide indigent litigants with a means of obtaining an official verbatim record deprives them of ‘meaningful access to the judicial process,’ triggering the courts’ inherent power to take steps to ensure that ‘indigent litigants are not, as a practical matter, denied their day in court.’
— Chief Justice Patricia Guerrero
At its heart, this is a decision about access to justice. A reliable court record is fundamental to ensuring people can understand, challenge, and appeal decisions made in court. The ruling is an important step forward, but ongoing court reporter shortages make clear that courts need to embrace reliable alternatives. Since access to a complete court record should be a fundamental court service—not something that depends on whether a court reporter is available or whether a litigant can afford to secure one privately—electronic or digital recording should be recognized as a critical tool for every modern courtroom.
As a technical matter, the services of a court reporter are not necessary to create an accurate and reliable verbatim record of trial court proceedings. For many decades, it has been possible—and relatively straightforward—to create an audio recording of these proceedings. Indeed, electronic audio recording is commonly used in federal courts and many state courts to create an official verbatim record of trial court proceedings.
— Chief Justice Patricia Guerrero
As courts continue to modernize, there is an opportunity to embrace the reliable technology already available and use it alongside existing services to make the justice system more accessible, resilient, and equitable. This represents a momentous step for equitable access to justice in California—and the US—and an important conversation for courts everywhere.
Read the full ruling here: https://hubs.la/Q04t4cDM0
