Research and data

Court reporters staffing

Overview

The California Supreme Court, in a 2018 opinion, stated that “the absence of a verbatim record of trial court proceedings will often have a devastating effect” on a litigant’s ability to have an appeal decided on the merits. The verbatim record is captured and transcribed exclusively by certified shorthand reporters (court reporters) in case types where a court reporter is required and electronic recording is not authorized. Parties may arrange for the services of a court reporter in other case types.

However, a declining number of court reporters threatens access to justice for court users, especially Californians who can’t afford to pay for their own court reporter.

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According to the fiscal year (FY) 2022–23 Schedule 7A, courts employ approximately 1,200 FTE (full-time equivalent) court reporters. To meet minimum requirements, 5 it is estimated that California courts may need up to an additional 650 full-time court reporters. 6 In addition to court reporters employed by the courts, courts also contract with pro tempore7 reporters to help meet the need.

Note: Percentages are calculated from the total number of hires. Staff are counted as Full Time Equivalent (FTE) employees unless otherwise stated.

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Percentages are calculated from the total number of hires. Staff are counted as Full Time Equivalent (FTE) employees unless otherwise stated.

California courts are challenged to recruit and retain court reporters to meet the needs of court users and legal requirements. These challenges include an ever-decreasing number of California-licensed court reporters and difficulty competing with private employers in the labor market.

Declining availability of California-licensed court reporters

There were 4,752 California-licensed court reporters residing in the state as of July 1, 2023. However, according to the California Department of Consumer Affairs, between FY 2013–14 and FY 2021–22 the total number of licensees declined 19.2% and the number of new license applications declined 70.1%.

Importance of the verbatim record

Between July 1 and September 30, 2023, of 343,200 family, probate, and unlimited civil hearings in California, an estimated 133,000 hearings had no verbatim record (38.8% of reported hearings), and an additional estimated 81,900 hearings (23.9%) had no court-provided reporter and it is unknown whether a verbatim record was captured by a private court reporter.21 The lack of a verbatim record will “frequently be fatal” to a litigant’s ability to have an appeal decided on the merits.
For example, victims seeking protective orders, such as victims of domestic violence or elder abuse, may have difficulty appealing the denial of a protective order because theydon’t have a record. In civil matters, an appellate court may be unable to review a party’s claim of error in the trial court. In criminal proceedings, the lack of a sufficient record may impact a defendant’s constitutional rights of due process and equal protection.23California appellate courts have also ordered new criminal proceedings where a reporter’s notes were destroya

In Q3 2023, 38.8% of family, probate, and unlimited civil hearings had no verbatim record

Footnotes

1 Jameson v. Desta (2018) 5 Cal.5th 594, 622.
2 Felony and juvenile cases.
3 Electronic recording is not authorized except in limited civil, misdemeanor, and infraction proceedings when a court reporter is unavailable (Gov. Code, § 69957(a)).
4 Courts must also provide an official court reporter in civil cases when a party with a fee waiver requests one, and the proceeding cannot otherwise be electronically recorded
5 Covering all case types where a court reporter is required or electronic recording is not authorized.
6 Legislative Analyst’s Office: March 5, 2024, lao.ca.gov/letters/2024/Letter-Umberg-Court-Reporters-030524.pdf.
7 Refers to an individual who is retained by the court on an intermittent or contractual basis.
8 Court Reporter Recruitment, Retention, and Attrition dashboard, www.courts.ca.gov/76328.htm.
9 Court Reporters Board: April 4, 2024, Board Meeting Packet, www.courtreportersboard.ca.gov/about-us/20240404_packet.pdf.
10 Department of Consumer Affairs data portal, www.dca.ca.gov/data/annual_license_stats.shtml.
11 Court Reporters Board: April 4, 2024, Board Meeting Packet, www.courtreportersboard.ca.gov/about-us/20240404_packet.pdf.
12 Only eight court reporting programs recognized by the state remain open (down from 17 schools in 2010), www.courtreportersboard.ca.gov/applicants/school_info.shtml. However, students may also qualify for California’s Certified Shorthand Reporter exam by obtaining national certification demonstrating proficiency in machine shorthand reporting or voice writing.