California Supreme Court: Electronic Records Mandatory for Indigent Litigants

• The California Supreme Court has ordered county Superior Courts to provide indigent litigants with a verbatim record of court proceedings.
• Electronic recordings can be used as an alternative method for creating a record, even if Section 69957 prohibits such recordings in most civil cases.
• The ruling is based on the 2018 Jameson v. Desta case, which established that a valid method for creating a record must be accessible to indigent litigants when requested.

The California Supreme Court has issued a landmark ruling that requires county Superior Courts to provide indigent litigants with a verbatim record of court proceedings, even if no court reporter is available. This decision stems from the 2018 Jameson v. Desta case, which established that a valid method for creating a record must be accessible to indigent litigants when requested. However, in practice, many indigent litigants have faced significant barriers in accessing an official record of their proceedings. According to Chief Justice Patricia Guerrero, 'often' these individuals are forced to choose between proceeding without a court reporter or postponing their hearing altogether.

In its decision, the Supreme Court clarified that electronic recordings can be used as an alternative method for creating a record, even if Section 69957 prohibits such recordings in most civil cases. The court noted that this statute does not specifically forbid using electronic recordings to ensure indigent litigants have meaningful access to justice. In fact, the court implied that courts can and should imply an exception to section 69957 where reasonably necessary to provide indigent civil litigants with an official verbatim record.

The Supreme Court's ruling is a significant step towards ensuring equal access to justice for all litigants, regardless of their financial situation. The court recognized that the current system has resulted in unequal treatment of indigent litigants and has created a barrier to accessing an official record of their proceedings. By allowing electronic recordings as an alternative method, the court has opened up new possibilities for ensuring that indigent litigants have meaningful access to justice.

This ruling requires California county Superior Courts to provide indigent litigants with a verbatim record of court proceedings, even if no court reporter is available, by allowing electronic recordings or implying an exception to the prohibition on such recordings in Section 69957.

Source: Original reporting via Courthouse News Service