For years, the Ventura County Superior Court employed as many as 28 full-time court reporters. That changed in 2021.
The agency now employs 11 full-time court reporters, marking a 60% decrease in five years.
Michael Mayer, the court’s general counsel, said the severe shortage of court reporters, who are tasked with creating an accurate record of legal proceedings, is a statewide issue with local impacts.
Though local court reporters were not available for interviews, advocates, attorneys and court officials said the number of employees has caused delays in the Hall of Justice in more ways than one.
“There have been many instances in the last two years in which the court has come perilously close to not having court reporters available to report felony criminal and juvenile proceedings in which time was of the essence,” Mayer wrote in an email.
For David Lehr, a DUI defense attorney with Strongest Defense, the lack of staff has had a dramatic impact. He said his jury trials are extended by days or even weeks.
“As someone who appears in court almost daily, this is the tragedy of our time in courts,” he said. “Its implications cannot be understated.”
At the state level
Courts across California have experienced a shortage of court reporters for more than a decade, according to the Judicial Branch of California website updated in July. As of June 1, there were 4,625 active licensed court reporters in the state, and the branch estimates that an additional 428 are needed to meet caseload demands.
From 2009 to 2023, the number of active state licenses dropped 25% and the number of new state license applications dropped 38%, according to Judicial Branch of California. The decline is expected to continue, in part, because nearly half of the state’s court reporters are nearing retirement age.
Generally, court reporters are required for felony criminal and juvenile delinquency cases but not for family law, unlimited civil and probate cases. As a result, the Judicial Branch of California states, just over 70% of the latter category of proceedings in the state do not have a verbatim record.
At the county level
Last year in Ventura County, roughly 65,000—an average of 261 each day—family law, unlimited civil and probate proceedings did not have a verbatim record, Mayer said. He expects to see similar numbers this year and beyond.
With 11 full-time court reporters and six part-time court reporters at Ventura County Superior Court, Mayers said, it can be a daily struggle to cover cases that require a verbatim record.
“If a court reporter had not been available, a felony or juvenile case could have been dismissed or delayed in violation of the defendant’s statutory speedy trial rights,” he said. “We have avoided these results, but, at times, only barely.”
Mayer said the county is taking action to increase its staff, including ongoing recruitment for certified court reporter positions.
According to an active job opening posted on the court’s website since April, the position earns roughly between $100,000 and $120,000 annually. Another opening posted in July indicates that per diem court reporters earn $350 for half days and $600 for full days.
The court has also offered reporters sign-on and retention bonuses, participated in statewide job fairs and recruitment efforts and provided a 6% salary increase for court reporters over the past year, Mayer said.
The union perspective
As the former director of government relations for Service Employees International Union California and now a consultant for the same division, Michelle Castro has advocated for court reporters across the state for three decades.
Although she said the decline in court reporters began in 2009, when courts across the state began laying off employees during the Great Recession, she also believes that “shortage” isn’t the best way to describe the current challenge.
“It’s misleading to say there’s a shortage when the reality is it’s not a shortage problem, it’s a recruitment and retention problem,” she said. “At some point, you have to look at the culpability and role of courts to help solve this problem.” Los Angeles, Orange and San Diego Counties, for example, have been successful in expanding the work force of court reporters, with LA County hiring more than 40 in the past year, she said.
Conversely, she said, Ventura County has been less aggressive in recruitment strategies and has hired only three in the past year while two have either retired or quit.
“When courts are not actively recruiting or retaining, it sends the message to the reporters that they are not valued, and that has a negative impact,” she said. “Are they being supported? Are they feeling valued? Is the court doing everything they can to keep them?”
The consultant said she believes the insufficient number of employees ultimately decreases citizens’ access to justice.
Most litigants cannot afford to spend thousands of dollars per day to hire their own court reporter, and without an exact transcript of court proceedings, it is essentially impossible to appeal a case, she said. She believes courts should provide court reporters for all taxpayers.
“It has created a two-tiered justice system: one for those who can afford to hire a court reporter and one for those who cannot,” Castro said. “The accurate record is critical to the outcomes of justice.”
The attorney and client perspective
Lisa Lyytikainen, chief assistant district attorney for the Ventura County District Attorney’s Office, agreed that court reporters are critical to the criminal justice system.
The decrease in available staff, she said, means that fewer felony cases can be in trial at the same time, causing delays.
“Court reporters are critical to ensure a complete and accurate record in all felony proceedings,” she wrote in an email. “Currently, technology-assisted transcription fails to provide the accuracy and context required in legal proceedings where an individual’s liberty is at stake. In our experience, court reporters are highly qualified to provide this vital component of justice.” The Ventura County Public Defender’s Office did not respond to interview requests.
Defense attorney Ron Bamieh, of Bamieh & De Smith, said the shortage has resulted in additional expenses for his civil clients, who are no longer provided court reporters free of charge.
On the criminal side, his clients have also faced delays. After waiting several hours for a court reporter to arrive, the hearing is sometimes continued to a different date.
Lehr, the defense attorney, does not believe technology is a suitable replacement.
But Bamieh said the industry needs to accept that eventually artificial intelligence will be advanced enough to replace the profession.
“I think in five years we’re not going to have court reporters in courtrooms.” Bamieh said. “It’s inevitable. We can’t deny it anymore.”
Makena Huey is an investigative and watchdog reporter for the Ventura County Star. Reach her at makena.huey@vcstar.com. This story was made possible by a grant from the Ventura County Community Foundation’s Fund to Support Local Journalism.
This article originally appeared on Ventura County Star: Shrinking ranks of court reporters a ‘tragedy of our time’ for Ventura County
Reporting by Makena Huey, Ventura County Star / Ventura County Star
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