California is at the forefront of a crucial legal reform, introducing Assembly Bill 1189 to tackle a severe shortage of court reporters. This groundbreaking legislation proposes a certification process for digital court reporters and legal transcriptionists, aiming to ensure that no litigant is denied the fundamental right to appeal due to a missing verbatim record. This initiative highlights a growing national challenge to maintain accessible and transparent judicial proceedings.
The integrity of the judicial system hinges on the meticulous recording of proceedings, with court transcripts serving as the bedrock for appeals, legal challenges, and historical record-keeping. Across the United States, states have long codified the necessity of these records. For instance, Illinois’s Court Reporter Transcript Act (705 ILCS 75/) mandates official court reporters to take full stenographic notes, particularly in felony arraignments and post-conviction hearings, underscoring the legal imperative for detailed documentation. Similarly, New York’s Civil Practice Law & Rules (CVP) Section 5525 outlines the preparation and settlement of transcripts, or even statements in lieu of transcripts, emphasizing their role in appellate processes.
However, an aging workforce and increasing demand have created a significant bottleneck, particularly in California. Assemblymember Tom Lackey, R-Palmdale, has introduced Assembly Bill 1189 to address this pressing issue. The legislation seeks to modernize the court reporting system by introducing new pathways for creating official records.
The Crisis of Unrecorded Proceedings in California
The problem in California is stark: between October 2023 and August 2024 alone, over 1.2 million civil, family law, and probate hearings took place without a verbatim record, according to the Judicial Branch of California. This staggering figure has profound implications for justice.
As Assemblymember Lackey articulated to The Center Square, “That means a litigant can’t appeal a decision. These are very life-changing decisions. You have conservatorships, child custody cases, very delicate issues that cannot be appealed.” This lack of a verbatim record effectively strips individuals of their right to legal recourse, leaving them unable to challenge errors or ensure fairness unless they can afford a private reporter.
The shortage of traditional stenographic reporters is a critical factor. As of January 2025, California courts faced a deficit of 458 full-time court reporters. Nearly half of the state’s active certified stenographic reporter licenses were issued more than three decades ago, indicating an aging workforce with insufficient new recruits despite incentives like signing bonuses, tuition reimbursements, and salary increases.
AB 1189: A Modern Solution for a Persistent Problem
Assembly Bill 1189 proposes to establish a state-run certification process for digital court reporters. These professionals would utilize advanced audio recording technology to capture proceedings, and their digital audio recordings would then be transcribed by certified legal transcriptionists. This collaborative approach aims to expand the capacity for record creation without replacing existing stenographic reporters.
Crucially, the legislation explicitly prohibits courts from laying off stenographers solely to hire digital court reporters. Instead, it envisions a system where certified shorthand reporters, digital reporters, and transcriptionists work synergistically to meet the escalating demand for accurate court records. The oversight of this new certification process would likely fall under a regulatory body such as the California Court Reporters Board.
The full text of Assembly Bill 1189 can be reviewed on LegiScan, offering detailed insight into the proposed changes.
A Broader National Trend Towards Digital Record-Keeping
California’s initiative is not isolated; it reflects a growing national recognition of the need to modernize court record-keeping and enhance transparency. The demand for swift and accurate judicial records extends to the highest levels of the American legal system. In a notable instance, the Supreme Court of the United States (SCOTUS) announced expedited release of transcripts and audio recordings for arguments concerning the 2010 health care reform law due to “extraordinary public interest.”
Advocates for greater judicial transparency, such as then-Senate Judiciary Chairman Patrick Leahy and Ranking Member Chuck Grassley, have long championed measures like allowing cameras in the courtroom. While full video access remains debated, the expedited release of audio and transcripts signals a move towards increased public access to court proceedings.
Even at the federal legislative level, efforts like the proposed Electronic Court Records Reform Act of 2018 (H.R. 6714) indicate a systemic push to update how judicial records are managed and made available. These broader trends underscore the importance of California’s AB 1189 as a localized solution to a national challenge.
The Future of Court Reporting: Ensuring Access to Justice
The debate around AB 1189, though focused on operational costs and efficiency, ultimately returns to a fundamental question posed by Assemblymember Lackey: “What is the cost of injustice?” The ability to produce timely and accurate transcripts is paramount for ensuring equitable access to justice, regardless of a litigant’s financial means.
By certifying digital court reporters and legal transcriptionists, California aims to create a more resilient and responsive system that can meet the demands of modern litigation. This legislation, if passed, would serve as a significant step toward safeguarding the appellate rights of all citizens and reinforcing the bedrock principle of fairness in the courtroom.
