Electronic court reporting.
The bill responds to an ongoing shortage of court reporters, which some superior courts have described as an immediate crisis. By enabling electronic recording as a stopgap measure, AB 882 aims to ensure that justice is not delayed due to staffing issues. However, the bill explicitly prohibits the use of electronic recording in criminal proceedings, except for limited misdemeanor cases, thereby maintaining a degree of separation between civil and criminal court processes.
Assembly Bill 882, introduced by Assembly Member Papan, seeks to amend Government Code Section 69957, allowing for the temporary use of electronic recording technology in California courts. Specifically, the bill is designed to assist litigants, particularly low-income individuals, by providing a means to obtain verbatim records of court proceedings when official reporters are unavailable. Until January 1, 2028, courts may authorize electronic recording in family law, probate, and civil contempt cases under certain conditions, notably when a party cannot afford a private court reporter.
The general sentiment surrounding AB 882 seems to lean towards support, especially from advocacy groups focusing on accessibility in the judicial system. However, there are underlying concerns regarding its implementation, particularly about the quality and reliability of electronically recorded transcripts compared to those made by certified shorthand reporters. Critics may argue that this solution risks compromising the integrity of court records in sensitive cases.
A notable point of contention revolves around the provision that allows electronic recording only when there is proof of inability to hire a private reporter, alongside specific procedural safeguards for hiring official reporters. Some stakeholders believe this may inadvertently create barriers for certain litigants who might not be adequately informed about their rights or the process of requesting a verbatim record, thereby potentially exacerbating inequities in the system.