AB 882

Existing law regulates official court reporters in the superior courts. Under existing law, a court may use electronic recording equipment in a limited civil case, a misdemeanor or infraction case, or for the internal purpose of monitoring subordinate judicial officer performance. Existing law requires, prior to purchasing or leasing any electronic recording technology or equipment, a court to obtain advance approval from the Judicial Council.

This bill would, until January 1, 2028, authorize the court to use electronic recording technology in civil proceedings when specified circumstances are met, including, among other things, when a litigant who cannot afford to retain a private court reporter has requested a verbatim record of the proceeding. The bill would require a court to find that a litigant cannot afford to retain a private court reporter if any specified circumstances are met, including when the litigant has been granted a waiver of court fees for the proceeding. The bill would require the court to follow prescribed procedures when the court lacks sufficient reporters or official reporters pro tempore to provide verbatim records, as specified, including, among other things, providing public notice that the court is accepting applications from certified shorthand reporters for positions as official court reporters. The bill would set forth a grievance and arbitration process for resolving disputes regarding compliance with these provisions, as specified. The bill would require a transcript created from electronic recordings to include a designation for portions of the recording that contain no audible sound or are not discernible.

The bill would require the Judicial Council to develop and approve official forms for use in trial courts consistent with the above provisions. The bill would require each trial court to report to the Judicial Council, on a quarterly basis, specified information, including, among other things, the number of applications received by the court from certified shorthand reporters. The bill would require the Judicial Council to make this information public available on its internet website.