Family Violence Appellate Project et al. v. Superior Courts
On December 4, 2024, FVAP, represented by Covington & Burling LLP and Community Legal Aid SoCal, and Bay Area Legal Aid filed an original writ petition in the California Supreme Court to challenge the state’s ban on litigants using electronic recording in most civil court hearings, when a court reporter is unavailable, even if a party cannot afford to hire a private court reporter. To have a record of a court hearing, a court reporter is usually required. Because of an ongoing court reporter shortage crisis, every year in this state over a million court hearings go without any record of what happened at the hearing, making appeals, subsequent trial court proceedings, and judicial oversight practically impossible. This e-recording ban impacts most civil court cases, including family law and restraining order matters. Importantly, the problems can be even worse for certain communities, such as those with disabilities or limited English proficiency, and those in rural communities, the LGBTQIA2S+ communities, and communities of color, as noted by the amici letters submitted in support of our lawsuit as well as a April 4, 2024, LA Times article where FVAP is quoted.
On February 19, 2025, the Court issued an Order to Show Cause, which means it has agreed to hear our case. The next step is to argue the merits of the lawsuit’s arguments. The Court has summarized the issues here, as such: “Does the prohibition on electronic recording of certain proceedings in Government Code section 69957, subdivision (a) violate the California Constitution when an official court reporter is unavailable and a litigant cannot afford to pay a private court reporter?”
On this page you can find a copy of our original writ petition, the Court’s Order to Show Cause, the nine amicus (“friend of the court”) letters submitted in support of our writ petition being heard on the merits, press releases and articles about the case, FAQ’s, and more information. You can also find more information about the case on the Court’s online docket (case no. S288176), where you can sign up for email alerts to get updates about the case.
February 20, 2025 -
California Supreme Court Accepts Case Brought to Protect Constitutional Rights of Low-Income Litigants
December 4, 2024 -
Legal Aid Organizations Sue Superior Courts of Contra Costa, Los Angeles, Santa Clara,
and San Diego to Protect Constitutional Rights of Low-Income Litigants
View the nine amicus letters submitted in support of the CA Supreme Court accepting our lawsuit:
- March 3, 2025 – Orange County Register – Effort to Address Fallout from Court Reporter Shortage Moves to Supreme Court
- March 1, 2025 – San Francisco Public Press – California Supreme Court to Hear Court Reporter Shortage Case
- February 21, 2025 – Law 360 – California Justices Accept Court Reporter Shortage Case
- February 21, 2025 – Daily Journal – California Supreme Court Challenges Ban on Electronic Court Recordings
- February 20, 2025 – The Recorder – California High Court Names Legislature Real Party in Interest in Court Reporter Suit
- February 19, 2025 – At the Lectern – Writ Petition Advances to Require Electronic Recording of Some Court Proceedings for Indigent Litigants
- January 6, 2025 – Capitol Weekly – Court reporters and the new front in the way over electronic recording.
- December 14, 2024 – The Mercury News – Legal aid groups sue to get California Supreme Court to expand electronic recording for civil cases
- December 13, 2024 – San Francisco Public Press – Trial Courts Sued, Accused of Hampering Domestic Violence Survivors’ Ability to Appeal Rulings
- December 11, 2024 – Daily Journal – Less restrictive electronic court reporting sought
- December 11, 2024 – Los Angeles Times California courts sued over failure to ensure transcripts in millions of hearings
- December 10, 2024 – Attorney at Law Magazine – California Lawyers Association Submits Amicus Letter Supporting Petition Challenging the Constitutionality of California’s Limitation on the Use of Electronic Recordings
- December 9, 2024 – California Lawyer’s Association Press Release – CLA Submits Amicus Letter Supporting Petition Challenging the Constitutionality of California’s Limitation on the Use of Electronic Recordings to Create a Verbatim Record of Court Proceedings
- December 9, 2024 – Sacramento Press – California Lawyers Association Submits Amicus Letter Supporting Petition Addressing the State’s Court Reporter Shortage
- December 5, 2024 – The Recorder Lawsuit Asks California Supreme Court to Expand Use of Electronic Case Recording
- December 5, 2024 – Bloomberg Law California Court Reporter Crisis Escalated to State’s Top Court
- December 5, 2024 – Law 360 Covington Helps Take Calif. Court Reporter Shortage To Court
- December 4, 2024 – Attorney at Law Magazine – Talk of the Town
