machines

The California Supreme Court is poised to rule in a lawsuit that has pitted the state’s court reporters — the workers who create transcripts of court proceedings — against victims of domestic violence and other vulnerable litigants.

The case will determine whether to end a long-standing prohibition on the electronic recording of most civil court proceedings, enabling the use of modern technology to create a “verbatim record,” which is crucial to appeals and other legal challenges.

Advocates say a decision in favor of electronic recording could end a years-long judicial crisis virtually overnight, producing legal records and preserving the right to appeal in tens of thousands of cases in civil, family and probate hearings where court reporters are rarely provided. Participants in the civil proceedings can hire private stenographers to maintain a record of what’s said, but their services can run thousands of dollars a day.

“In many, many courtrooms throughout the state today, there is nobody there, and there’s not going to be anybody there,” attorney Sonya Winner told the high court during oral arguments in Los Angeles last month. “The court reporters the court has on staff are off doing felony trials,” making electronic recording the only alternative for most civil litigants.

Everyone agrees the lack of court reporters is a crisis. Lawyers on both sides have urged the high court to establish a clear right to a verbatim record in civil hearings.

The divergence is over whether the worker shortage is improving slowly or still getting worse, and what the Supreme Court should do about it.

California’s largest public sector union and the court reporters it represents warn the decision could allow the state’s court systems to stop hiring stenographers.

Court reporters say their duty to maintain an accurate record is a profound public trust that can only be performed by a human being, who can intervene to ensure everyone is heard and who bears responsibility if a transcript is missing or incomplete.

Despite California’s sluggish job market, hiring for court reporters remains brisk, bolstered by tens of millions in funding from Sacramento, a recent change in state law and aggressive recruitment by some of the country’s largest court systems, including Los Angeles, Orange and San Diego counties.

Lila Scott, a TV writer, is among those seeking to join the profession. Like a lot of Hollywood talent, she had been struggling to find steady work in recent years.

The “Unicorn Academy” writer was trolling government job sites when she stumbled across a listing for court reporters in Los Angeles — and then another, and another.

“I thought, ‘What the heck is this?’” Scott recalled as she set up for a class at Downey Adult School.

Scott is now in training to become a “voice writer,” a form of note-taking that relies on a device called a stenomask — something like a cross between a podcast mic and a nebulizer — to produce a transcript. Voice writers repeat every word spoken in court along with a sequence of formatting commands to voice recognition software.

“You use your mom voice when you’re dictating,” said another Downey student, 40-year-old Wanda Port. “That stern mom voice, that’s the one you use.”

Traditionally, court reporters have used 22-key steno machines to rapidly take down every word said by lawyers, judges and anyone else who speaks on the record during an official proceeding. The licensing process for these stenographers is significantly longer and more difficult than what voice writers undergo.

A change in state law in 2024 allowed voice writers to become licensed as “certified shorthand reporters,” opening a new pipeline for court staff.

About half of the court reporters hired in California since 2024 have been voice writers, data show.

“Of the 300-plus students we have, it’s about 50/50,” said Jennifer Shenbaum, who directs the Downey program.

The current hiring blitz follows more than a decade of decline, after California’s court systems shed about a third of their reporters amid a protracted budget crisis in 2012. Labor leaders say new licenses have jumped ninefold in recent years, and court reporting classrooms across the state are full.

Diana Van Dyke, a Los Angeles County Superior Court reporter and a shop steward in Service Employees International Union Local 721, credits much of that growth to the expansion of paid internships, signing bonuses and other aggressive recruitment tactics funded by the Legislature and promoted by the union.

Students training to become court reporters practice on stenotypes and stenomasks during a speed-building class at Downey Adult School.

(Kayla Bartkowski / Los Angeles Times)

At Orange County’s Cypress College, which offers court reporter training, job fliers boasting six-figure salaries paper the walls. A pamphlet from the Central District of California that touted “front-page Federal cases” hung in the window of a court reporting classroom, where students practiced typing 200 words per minute.

“By the end of the third test I can’t feel my fingers — but it’s worth it!” said Asia Mendez, a trainee-stenographer.

While advocates for court reporters say humans can still do the job better than machines, the fact that many hearings occur without any official transcript at all has drawn concern from top state officials.

Atty. Gen. Rob Bonta has called the situation “untenable.”

“This is the rare case in which the current application of a statute violates procedural due process,” Bonta’s office said in a brief urging the state’s high court to allow recordings.

Such a ruling would be especially important for survivors of domestic violence, who often find the family court system weaponized against them, said Jennafer Dorfman Wagner, director of programs at the Family Violence Appellate Project, which brought the suit that is now before the California Supreme Court.

“People who want to exert power and control over an ex-partner will find whatever foothold they can and use it,” Wagner said.

Without a record of their proceedings, litigants can’t prove what happened in the courtroom, or appeal if a judge denies a restraining order or approves a custody arrangement that leaves them vulnerable to further violence.

California’s court systems have also thrown their weight behind the plaintiffs in the case.

“California has long led in areas of access to justice and technology, but in this area, it lags far behind the rest of the country, and behind the federal courts that are in this state,” said Mark Yohalem, an attorney representing the state’s superior courts.

The justices, too, seemed eager to embrace electronic recording in cases where no court reporter is available and litigants cannot afford to pay for one on their own, repeatedly pressing lawyers on exactly how such a ruling might be written.

Although the decision would not affect criminal proceedings, the high court judges have expressed concern that court systems may use their ruling to roll back the broader recruitment push as a cost-cutting measure — a worry labor leaders share.

“Electronic recording is cheaper,” said Justice Joshua P. Groban. “It allows any court to just say, for example, that no more court reporters are needed.”

When advocates for the Family Violence Appellate Project told Groban and the other justices hearing the case that such a move by the courts would amount to “bad faith” and should not weigh on their decision, the judge appeared skeptical.

“Either bad faith or fiscal responsibility, depending on the budget that year,” Groban said.

CONCORD, N.H. — A growing effort to raise suspicion about the security of voting systems has kindled a back-to-the-future moment among conservatives in some parts of the U.S.

Republican lawmakers in at least six states have introduced legislation that would require all election ballots to be counted by hand instead of electronic tabulators. Similar proposals have been floated within some local governments, including about a dozen New Hampshire towns and Washoe County in the presidential battleground state of Nevada.

The push for hand-counting ballots comes amid mistrust of elections stoked by many Republicans who advance the false narrative that widespread fraud cost former President Trump reelection in the 2020 contest.

Despite no evidence of widespread fraud or major irregularities, conspiracy theories have proliferated among his allies that voting systems were somehow manipulated to favor Democrat Joe Biden. That has prompted calls to ban electronic tabulators used to scan ballots, record votes and compile race tallies.

“It’s our responsibility, and it should be our desire, to count every vote and to imbue confidence in our citizenry that our elections are fair and free, and that their vote is being counted,” said New Hampshire state Rep. Mark Alliegro, sponsor of a hand-counting bill that is similar to ones proposed in Arizona, Colorado, Missouri, Washington and West Virginia.

Alliegro said he was motivated by his analysis of recounts in nearly 50 New Hampshire state legislative races, not by the 2020 presidential election.

But some of the bill’s supporters reference the 2020 election to explain why they argue his hand-count legislation is needed. They cite a belief — despite evidence disproving it — that Trump actually won a landslide victory and that cheating is the only way to explain how New Hampshire voters elected a Republican governor and GOP majorities in the Legislature, but then backed Democrats for federal office.

Critics of the proposals to ditch electronic ballot tabulators and return to hand-counting are blunt about what they see as the motivation.

“It’s coming from conspiracy theories and lies,” said Sylvia Albert, director of voting and elections for Common Cause, a nonpartisan group that advocates for expanded voter access. “It’s attempting to lower people’s confidence in elections.”

Albert and others said it’s unrealistic to think election officials can count millions of ballots by hand and report results quickly, given that ballots often include dozens of races. The partisan review last summer of the 2 million ballots cast in Maricopa County, Ariz., which included a hand count, took several months and hundreds of people to complete.

“If you have a jurisdiction with 500 voters, you might be OK. But if you have a jurisdiction with thousands of voters, tens of thousands of voters, hundreds of thousands of voters, it’s just not going to work,” said Jennifer Morrell, a former elections clerk in Colorado and Utah who now advises state and local election officials.

Even in New Hampshire’s small towns, hand-counting is a complicated, lengthy process when a typical ballot might include 50 questions, said Milford Town Clerk Joan Dargie, who spoke against the proposed legislation on behalf of the New Hampshire City and Town Clerks Assn. She estimates her town would have to boost election workers from 200 to 350, and said many of her fellow clerks have said they will quit if they have to tabulate every ballot by hand. “People who are asking to get rid of machines obviously haven’t worked in an election,” she said.

As one example, Cobb County, Ga., performed a hand tally ordered by the state after the 2020 election. It took hundreds of people five days to count just the votes for president on roughly 397,000 ballots, said Janine Eveler, elections director for the county in metro Atlanta. She estimates it would have taken 100 days to count every race on each ballot using the same procedures.

Counting by machine isn’t just faster. Multiple studies have shown it’s also more accurate, said Charles Stewart, professor of political science at the Massachusetts Institute of Technology.

The first research on the topic was done almost two decades ago, comparing recounts of New Hampshire races that were originally tabulated by hand with those tabulated by machines. In that study and subsequent research, the machines won, he said.

“Counting votes is very tedious. Human beings are bad doing tedious things, and computers are very good at doing tedious things,” Stewart said.

Most states also conduct postelection audits that are designed to identify any irregularities with ballot scanning and counting. But with many Republicans believing Biden was not legitimately elected, election machines have become a popular target.

In Nevada, a Republican county commissioner is pushing a proposal that would require hand-counting of all ballots, along with a return to primarily in-person voting and beefing up uniformed security at polling places.

“I’m 82 years old, and I’ve been through a lot of elections,” said Washoe County Commissioner Jeanne Herman. “I know that something is not right.”

The proposal has drawn opposition from other commissioners, the biggest labor union in the state and a rare front-page editorial in the largest newspaper in northern Nevada, which said the measure could cost taxpayers “millions of dollars to chase down Facebook rumors of illusory election fraud.”

In West Virginia, a bill to repeal the state law governing tabulation machines died in committee earlier this month. In Missouri, lawmakers have not yet acted on a proposal that would ban electronic voting machines and tabulation equipment and require hand-counting to be livestreamed and recorded.

The bill’s sponsor, Republican state Rep. Mitch Boggs Jr., said he has no proof elections have been manipulated but is responding to constituent concerns.

“You file what the constituents are asking for,” Boggs said. “But at the end of the day, what they’re really wanting is just the transparency. They want to know that our elections are secure.”

Republican state Rep. Petty McGaugh said the legislation would delay election results and likely undermine their accuracy. When she became clerk of rural Carroll County in 1995, election staff were still hand-counting ballots by marking tallies in blocks of five on paper. She noticed multiple errors and eventually switched the county to an electronic tabulation system.

“I don’t really think that in this day and age we need to go back to hand-counting where it’s so susceptible to human error,” she said. “We’ve got to start trusting electronics and computers.”

In New Hampshire, that message seems to have gotten through. Last week, a state House committee unanimously recommended killing the hand-counting legislation and voters in nine towns where the question was on the ballot in local elections rejected it.