Court Reporter Shortage Leading To Changes in Practice at Courts

California is facing a severe shortage of court reporters, creating a significant barrier to justice for litigants across the state. Court reporters play a vital role in ensuring accurate, verbatim records of court proceedings—records that are essential for appeals and protecting constitutional rights. This shortage has reached a critical point, particularly in family law, probate, and civil cases where accurate transcripts are needed to safeguard fundamental rights like marriage, child custody, and property rights.

Efforts to recruit and retain court reporters have been ongoing for years, with campaigns ranging from social media outreach to advertisements in public spaces like LA Metro stations and billboards. However, with over 70% of current court reporters nearing retirement, these efforts have not been sufficient to keep pace with the demand, leaving many courts unable to provide this essential service.

In response, courts across California are beginning to explore alternative solutions to mitigate the effects of this shortage. One of the most significant developments came on September 5, 2024, when the Los Angeles Superior Court (LASC) issued General Order 2024-GEN-011-00. This order allows for the use of electronic recordings in family law, probate, and civil proceedings when court reporters are unavailable, a temporary measure aimed at maintaining access to court records for all litigants. Historically, electronic recording was restricted to criminal misdemeanors and select civil cases, but the shortage of court reporters has forced a broader application of this technology.

The LASC is not alone in adopting electronic recording to address this shortage. Courts in other parts of California are also considering or implementing similar measures to cope with the lack of available court reporters. These moves reflect a growing trend among courts seeking to ensure that the absence of a court reporter does not leave litigants without access to a reliable record of their case—especially in cases where appeals or future legal challenges may be necessary.

The shortage disproportionately affects low-income litigants, who cannot afford the high costs of hiring private court reporters—fees that can run up to $3,300 per day. Without an official transcript, these individuals face an uphill battle when attempting to appeal court decisions, placing them at a significant disadvantage in the legal process.

LASC Presiding Judge Samantha P. Jessner called the situation a constitutional crisis. The shortage of court reporters, she explained, jeopardizes the ability of many individuals—particularly those involved in family law cases or other high-stakes legal matters—to access the justice system on an equal footing. The introduction of General Order 2024-GEN-011-00 is designed to bridge this gap by allowing electronic recording equipment to be used when a court reporter is unavailable, ensuring that an accurate record is maintained even in their absence.

While the use of electronic recording is intended to be a temporary measure, it highlights the broader challenges that California courts are facing. The state must continue its efforts to recruit and train new court reporters to fill the gap left by retiring professionals. In the meantime, electronic recording is seen as a critical tool to prevent further backlogs and ensure that justice is not delayed or denied due to the lack of court personnel.

The introduction of electronic recordings in family law, probate, and civil cases is a significant shift for California courts. While the ultimate goal remains to have human court reporters in every courtroom, this new measure provides a much-needed safety net for litigants facing life-altering decisions. As more courts follow suit, this trend may become a necessary part of the judicial system’s response to the ongoing shortage, balancing the needs of litigants with the realities of workforce challenges.