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Thursday, September 3, 2026Bay Area Market: Coverage updated daily

No court reporter? Record the hearing, California Supreme Court rules

The California Supreme Court dealt a blow to court reporter unions, ordering that recordings of hearings are vital when certified reporters aren’t available

East Bay hills and homes at dusk
Curated News BriefBased on original reporting by CalMatters Housing (August 11, 2026). The summary below is the Journal’s; the local analysis is original commentary by Omar Murillo.

Let me walk you through something important that just came down from the California Supreme Court, because it affects how the legal system works here in our region and across the state. According to CalMatters Housing, the court ruled that when certified court reporters aren't available, hearings need to be recorded electronically. This is a significant decision because for years, unions representing court reporters have fought hard to keep electronic recording out of courtrooms, but the high court found that banning these recordings wasn't fair to people who couldn't afford to hire a private reporter, which can cost thousands of dollars per hearing.

The core issue here is that California has a severe shortage of court reporters. The judicial branch reports that since 2023, over three million court proceedings have happened without any written transcription at all. This creates what advocacy groups called a "two-tiered" system of justice, where wealthy people can pay for private reporters to create records of their hearings, but lower-income folks either go without records or have to delay their cases for months hoping a reporter becomes available. Without a written record, people typically can't appeal if they believe the court made a mistake.

The court reporter unions argued that electronic recordings aren't high enough quality and that courts should instead hire more certified professionals. They're right that there's a real shortage. Los Angeles Superior Court alone had dozens of vacant positions even with incentives like fifty-thousand-dollar signing bonuses. The unions made this argument in legal briefs, and one of their attorneys responded to the ruling by saying that courts with hiring freezes need to lift them and that court reporter schools have plenty of candidates waiting for jobs.

But Chief Justice Patricia Guerrero, writing for the unanimous court, said it plainly: a recording is better than nothing. She pointed out that other states, federal courts, and even some California proceedings already use electronic recording successfully. Currently, California allows recording in misdemeanor cases, infractions, and civil cases under thirty-five thousand dollars, but most civil cases, family law cases, and probate matters don't get that protection. Cases involving domestic violence, child custody, housing discrimination, and other serious civil matters have been left without records because reporters weren't available.

What I am seeing locally in the Bay Area and across the East Bay is that this ruling should help a lot of people who are navigating serious legal matters without the resources to pay for a reporter. For our community, it means that family law cases, landlord-tenant disputes, and civil matters that matter deeply to everyday people now have a pathway to getting recorded even when certified reporters aren't there. This is genuinely about access to justice for working families and those with fewer resources.