Lackey Introduces Legislation to Address Critical Court Reporter Shortage and Ensure Litigants’ Access to Justice

AB 1189 expands pool of qualified court reporters by certifying digital court reporters, legal transcriptionists. 

In response to a growing shortage of certified court reporters that is threatening access to justice across the state, Assemblyman Tom Lackey (R-Palmdale) today announced legislation (AB 1189) to modernize and strengthen the California court reporting system. The bill proposes a balanced, forward-looking approach that protects the integrity of the legal record while expanding the pool of qualified professionals through the certification of digital court reporters and legal transcriptionists.

California courts have been grappling with a mounting constitutional crisis. Between October 2023 and August 2024, over 1.2 million civil, family law, and probate hearings have taken place without a verbatim record, according to the Judicial Branch of California. The shortage of certified court reporters poses profound implications for litigants—especially those from low-income or underserved communities—who are often unable to appeal important decisions in the absence of an official transcript or who cannot afford to pay for their own court reporter.

“You don’t have to imagine the trauma of someone unable to appeal a decision over child custody, paternity or conservatorship. It’s reality. It’s happening every day across our courts” Assemblyman Lackey said.

Lackey’s legislation seeks to address this urgent gap by formally recognizing digital reporting as a valid and reliable method for capturing legal proceedings. It would establish a state-run certification process for digital court reporters—highly trained professionals who use advanced audio recording technology—and for legal transcriptionists responsible for producing official transcripts from those recordings. Certification would be overseen by a regulatory body such as the California Court Reporters Board, with rigorous standards for education, experience, ethics and technology use.

Importantly, the legislation does not replace stenographic court reporters, but rather creates a framework in which certified shorthand reporters (CSRs), digital reporters and transcriptionists can work together to meet the increasing demand for court records. The bill explicitly prohibits courts from laying off CSRs solely to hire digital reporters and ensures that stenographers will continue to play a vital role in proceedings where their expertise is required.

“This bill is about protecting people’s access to justice and preserving the integrity of the court record,” said Lackey. “We cannot allow court cases to go unrecorded simply because we don’t have enough stenographers. This legislation offers a practical solution that honors the contributions of stenographic court reporters while modernizing our system for today’s growing needs.”

In addition to expanding certification, the legislation updates California’s deposition and court recording laws to reflect the capabilities of modern technology. Certified digital reporters would be authorized to administer oaths and maintain chain-of-custody protocols for legal records. The bill sets clear standards for ensuring secure recording equipment, storage and redundancy protections, and it permits attorneys and litigants in civil cases to stipulate the use of digital reporting methods.

The scope of the problem and the urgent need for reforms is clear. As of January 2025, California courts need 458 more full-time court reporters to meet current demand. Nearly half of all active CSR licenses were issued more than 30 years ago, signaling a rapidly aging workforce. Recruitment efforts, including signing bonuses, tuition reimbursements, and salary hikes, have failed to stem the tide. Between January 2023 and September 2024, the California courts experienced a net loss of court reporters despite aggressive hiring efforts.

“This is a quiet crisis that is compromising Californians’ constitutional rights every day,” said Lackey. “This bill protects due process and protects the record. This bill prevents delays and ensures equitable access to legal records, and it ensures that stenographers, digital reporters and transcriptionists all play a role in meeting the state’s legal record-keeping requirements.”

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