54 Trial Court CEOs Issue News Release: There is a Court Reporter Crisis in California

FOR IMMEDIATE RELEASE
November 2, 2022
SUPERIOR COURTS OF CALIFORNIA

THERE IS A COURT REPORTER SHORTAGE CRISIS
IN CALIFORNIA

Each day across California, tens of thousands of court hearings are held. Lawyers
argue, witnesses testify, litigants tell their stories and judges make decisions. What
many people do not appreciate is the crucial role played by a court reporter:
creating and preserving a verbatim record of those exchanges. As a chronic
shortage of court reporters reaches crisis levels, the statutory framework for court
reporting must adjust to the new realities of the reporting profession.
THE PROBLEM: There is a court reporter shortage in California – and across
the nation – that has been long developing.
• In 2005, the Judicial Council warned that, “since the early 1990’s, California’s
courts have experienced a steady decline in the number of available qualified
shorthand reporters. […] Additionally, the reduction of court reporting
schools and curriculums in California over recent years complicates the
courts’ ability to attract sufficient numbers of well-trained reporters. [2005,
Reporting of the Record Task Force, Final Report, p. 6.]
• Nationally, a 2013 study by the National Court Reporters Association
projected that “Decreased enrollment and graduation rates for court
reporters, combined with significant retirement rates, will create by 2018 a
critical shortfall projected to represent nearly 5,500 court reporting
positions.” [Ducker Worldwide, 2013-2014: Court Reporting Industry Outlook
Report, Executive Summary, p. 5.]
• In 2017, the Chief Justice’s Futures Commission Final Report warned,
“National data show the number of skilled court reporters is decreasing.
Certified court reporting schools have experienced smaller enrollment and
graduation rates, which are declining by an annual average of 7.3
percent[…]” [Report to the Chief Justice: Commission on the Future of
California’s Court System, p. 240.]
• In 2018, the Judicial Council wrote to the Legislature that, “the state would
[…] have a gap of approximately 2,750 court reporters by 2023 if forecasted
COURT REPORTER SHORTAGE CRISIS
November 2, 2022
Page 2 of 6
demand remains constant.” [March 29, 2018, letter from the Judicial Council
to Hon. Lorena Gonzalez-Fletcher, Chair Assembly Appropriations Committee,
re: Assembly Bill 2354.]
Today in California, only nine Certified Shorthand Reporter programs remain. In
2021, only 175 examinees took the licensing exam – and only 36 passed.
The result is a crisis in court reporter availability that has been developing for
years.
THE SHORTAGE OF COURT REPORTERS IMPACTS LITIGANTS ACROSS
CALIFORNIA:
In accordance with Penal Code § 190.9 and § 869, Code of Civil Procedure § 269
and Welfare and Institution Code § 347 and § 677, California courts must provide
court reporters in felony criminal and dependency and delinquency juvenile
courtrooms. Court reporters are not statutorily required to be provided by the
courts in civil, family law, probate, misdemeanor criminal and traffic courtrooms.
And yet, many California courts do not have enough court reporters to cover
mandated criminal felony matters – let alone the wide range of areas in which
litigants need a record of court proceedings.
Over 50% of the California courts have reported that they are unable to routinely
cover non-mandated case types including civil, family law and probate.
FUNDING IS NOT THE SOLUTION: There is no one to hire.
The Legislature provides $30 million annually to the California courts to hire
additional court reporters, with a focus on family law and civil courtrooms.
However, because of the decline in court reporters, the crisis continues.
COURT REPORTER SHORTAGE CRISIS
November 2, 2022
Page 3 of 6
Today 71 percent of the state’s 58 trial courts are actively recruiting for court
reporters: Alameda; Butte; Contra Costa; Del Norte; El Dorado; Fresno; Humboldt;
Imperial; Kern; Lake; Los Angeles; Madera; Marin; Merced; Monterey; Nevada;
Orange; Placer; Riverside; Sacramento; San Benito; San Bernardino; San Diego;
San Francisco, San Joaquin; San Luis Obispo; San Mateo; Santa Barbara; Santa
Clara; Santa Cruz; Shasta; Siskiyou; Solano; Sonoma; Stanislaus; Tehama; Tulare;
Tuolumne; Ventura; Yolo; and Yuba.
THE CURRENT STATUTORY FRAMEWORK INHIBITS CREATIVE RESPONSES
TO THE SHORTAGE OF COURT REPORTERS:
With the exception of limited civil, misdemeanor and infraction cases, Government
Code § 69957 prohibits the courts from providing electronic recording in civil, family
law and probate courtrooms.
Government Code § 69959 and Code of Civil Procedure § 367.75(d)(2)(A) mandate
court reporters to be present in the courtrooms – rather than taking advantage of
emerging technologies that would allow the court to provide this service remotely
to multiple courtrooms throughout the county, providing more services with
existing resources while making the profession more attractive to young, potential
court reporters.
Government Code § 69942 requires all court reporters who work in a court to be
certified in California which restricts courts from hiring out-of-state independent
firms to provide this service.
CONCLUSION: More funding is not the solution.
We stand with our court reporters in recognizing and appreciating their value and
service to the California judicial branch but we must acknowledge that we are
facing a California – and national – court reporter shortage.
This shortage will not be solved by increased funding. Without changes to the
current statutory framework for court reporting, all courts will face the inevitable
day, already seen by a few California courts, of not having enough court reporters
to cover the mandated felony criminal and juvenile dependency and delinquency
cases.
Every litigant in California should have access to the record. Ideally, this would be
provided by a court reporter but when none are available, other options need to be
available to the courts. We are ready, able and willing to work with all stakeholders
on finding ways to ensure that all litigants who need a record have access to one.
COURT REPORTER SHORTAGE CRISIS
November 2, 2022
Page 4 of 6
ADDITIONAL RESOURCES:
• U.S. Legal Support, Understanding the National Court Reporter Shortage and
What it Means for Your Firm, [https://www.uslegalsupport.com/court-
reporting/understanding-the-national-court-reporter-shortage-and-what-it-
means-for-your-firm/]
• Ducker Worldwide, Court Reporting Industry Outlook Report (2013 – 2014)
[https://www.ncra.org/docs/default-
source/uploadedfiles/education/schools/2013-14_ncra_-industry_outlook-
(ducker)8ef018c4b8ea486e9f8638864df79109.pdf?sfvrsn=c7a531e2_0]
• Commission on the Future of California’s Court System, Report to the Chief
Justice, 2017, [https://www.courts.ca.gov/documents/futures-commission-
final-report.pdf]
• California Trial Court Consortium, The Causes, Consequences, and Outlook of
the Court Reporter Shortage in California and Beyond, 2022,
[https://www.siskiyou.courts.ca.gov/system/files?file=court-reporter-
shortage-1-2022.pdf]
the Court’s website):
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CEO Chad Finke
Alameda County Superior Court
CEO Jake Chatters
Placer County Superior Court
CEO Ann Greth
Alpine County Superior Court
CEO W. Samuel Hamrick, Jr.
Riverside County Superior Court
CEO Sharif Elmallah
Butte County Superior Court
CEO Lee Seale
Sacramento County Superior Court
CEO Erika F. Valencia
Colusa County Superior Court
CEO Tarry Singh
San Benito County Superior Court
CEO Kate Bieker
Contra Costa County Superior Court
Interim CEO Carmen Trutanich
San Bernardino County Superior Court
CEO Esperanza Esparza
Del Norte County Superior Court
CEO Michael M. Roddy
San Diego County Superior Court
CEO Michael L. Elliott
Fresno County Superior Court
Interim CEO Mark Culkins
San Francisco County Superior Court
CEO Diana Baca
Glenn County Superior Court
CEO Brandon E. Riley
San Joaquin County Superior Court
COURT REPORTER SHORTAGE CRISIS
November 2, 2022
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CEO Kim M. Bartleson
Humboldt County Superior Court
CEO Michael Powell
San Luis Obispo County Superior Court
CEO Maria Rhinehart
Imperial County Superior Court
CEO Neal Taniguchi
San Mateo County Superior Court
CEO Pam Foster
Inyo County Superior Court
CEO Darrel Parker
Santa Barbara County Superior Court
CEO Tamarah Harber-Pickens
Kern County Superior Court
CEO Rebecca Fleming
Santa Clara County Superior Court
CEO Nocona Soboleski
Kings County Superior Court
CEO Alex Calvo
Santa Cruz County Superior Court
CEO Krista LeVier
Lake County Superior Court
CEO Melissa Fowler-Bradley
Shasta County Superior Court
CEO Teresa Stalter
Lassen County Superior Court
CEO Ann Mendez
Sierra County Superior Court
CEO Sherri R. Carter
Los Angeles County Superior Court
CEO Reneé McCanna Crane
Siskiyou County Superior Court
CEO Adrienne Calip
Madera County Superior Court
CEO Brian K. Taylor
Solano County Superior Court
CEO James Kim
Marin County Superior Court
CEO Robert M. Oliver
Sonoma County Superior Court
CEO Desiré Leard
Mariposa County Superior Court
CEO Hugh K. Swift
Stanislaus County Superior Court
CEO Kim Turner
Mendocino County Superior Court
CEO Stephanie M. Hansel
Sutter County Superior Court
CEO Amanda Toste
Merced County Superior Court
CEO Kevin Harrigan
Tehama County Superior Court
CEO Brandy Malcolm
Modoc County Superior Court
CEO Staci Holliday
Trinity County Superior Court
CEO Lester Perpall
Mono County Superior Court
CEO Stephanie Cameron
Tulare County Superior Court
CEO Chris Ruhl
Monterey County Superior Court
CEO Hector Gonzalez, Jr.
Tuolumne County Superior Court
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November 2, 2022
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CEO Bob Fleshman
Napa County Superior Court
CEO Brenda L. McCormick
Ventura County Superior Court
CEO Jason B. Galkin
Nevada County Superior Court
CEO Shawn Landry
Yolo County Superior Court
CEO David H. Yamasaki
Orange County Superior Court
CEO Heather Pugh
Yuba County Superior Court