America’s court reporters are leaving the courts at an alarming rate, causing a court reporter shortage. Court reporters create written records (transcriptions) of legal proceedings, and without them, litigants can’t (exercise their constitutional right to) appeal their cases. Fortunately, court transcription services like Ditto Transcripts can help solve America’s court reporter crisis. Understanding how a transcription company can solve America’s court reporter crisis is essential in addressing this issue effectively.
In this article, you’ll learn how:
- Court reporters are leaving the justice system, threatening the court and appeals process and significantly affecting efficiency. Without access to verbatim transcripts, an appeal can not proceed, effectively stripping both sides’ right to appeal.
- The courts are attempting to drive recruitment, yet there hasn’t been any notable progress. Unfortunately, AI transcription is not a viable option in court settings, as it’s prone to accuracy and quality issues and a lack of accountability.
- Ditto Transcripts offers a cost-effective solution that answers the problem, offering access to accurate, high-quality transcripts with fast turnaround times at competitive rates.
What Are Court Transcripts?
Court transcripts are a written record of what everyone said during court proceedings. Naturally, these documents become an important part of the appeals process, should one be required. When a litigant files a notice of appeal, the appellate courts will require the original court transcripts to serve as evidence to support the appeal.
Without these transcripts, appellate courts must presume that the lower court’s judgment was correct, as provided in the Estate of Fain (1999):
“Where no reporter’s transcript has been provided and no error is apparent on the face of the existing appellate record, the judgment must be conclusively presumed correct as to all evidentiary matters.”
California’s Constitutional Emergency
In a recent report, over 525,000 court proceedings in California were completed without a verbatim transcript, all because court reporters were unavailable. I’ve been around the legal transcription industry for more than a decade, and let me tell you, this is alarming.
Now, if you’re like me, you might think the issue is related to salary. But here’s the thing. Despite investing millions of dollars in recruitment and retention drives, the L.A. court experienced a net loss of 177 court reporters since 2018, with 11 of them resigning despite being offered better pay in the early months of 2023.
You know you have a problem when recruitment issues can’t be solved with more money.
Sadly, the court reporter crisis disproportionately affects those who can’t afford to pay private reporters, which is far from affordable. It essentially becomes a roadblock for the right to appeal cases involving child custody, divorce, restraining orders, and many more.
Missing Court Records Deny Appeals
In the case of Albinali v. Calvert, the plaintiff sought to enforce a $75,000 judgment but repeatedly failed to comply with court orders, such as incomplete deposition transcripts. After several chances, the court dismissed her with prejudice and monetary sanctions.
However, she attempted to appeal that their case was on their own due to unpaid discovery fines. However, the appellate court couldn’t consider it since there were no relevant written records to verify what actually happened during the trial.
The exact appellate court’s statement was:
“Where no reporter’s transcript has been provided and no error is apparent on the face of the existing appellate record, the judgment must be conclusively presumed correct as to all evidentiary matters. To put it another way, it is presumed that the unreported trial testimony would demonstrate the absence of error.”
Was her appeal argument valid in the first place? Perhaps, but we’ll never know.
But there’s more to this than Albinali challenging a court’s decision. No one exactly knows how many Americans might have solid grounds for appeal but got stuck with the first decision – fair or not – due to the lack of court transcripts.
The True Hidden Costs of This Crisis
In states like California, litigants are allowed to hire private reporters, which is similar to some other jurisdictions.
However, the solution creates its own set of problems, and the cost of hiring a private reporter can reach up to $5,000 per day. Others might see this as a reasonable solution, but in my view, it only creates a system where appeals become a luxury, not a constitutional right.
If you think about it, only the wealthy (or at least those who are willing to shed thousands of dollars) can preserve their appellate rights. While the rest of the population must accept whatever happens in the trial court as “final.” That is unjust.
The Search for Solutions
States are looking for ways to address the court reporter crisis in various ways. Some states have explored voice writers and remote court reporters as alternatives to court stenographers.
On the other hand, other states have pushed for legislative changes to allow the use of electronic recordings or, perhaps, change the requirement of becoming a licensed court reporter, which is already happening in California.
Los Angeles County Superior Court Presiding Judge Samantha P. Jessner and Executive Officer/Clerk of Court David W. Slayton in a Jan. 10, 2024 letter to the members of the committee and the Judicial Council:
“The current shortfall in the number of Certified Shorthand Reporters (CSRs) in the California trial courts is a constitutional crisis, with tens of thousands of your constituents each month deprived of the possibility of meaningful access to justice for the lack of a verbatim record of proceedings.”
However, these efforts haven’t yet increased the number of new professionals entering the field.
The more practical solution I see is to find a way to maintain court records’ integrity while adapting to modern realities. Trial transcription services offer one such option, helping to bridge the gap left by the decline in traditional court reporters of records.
High Tech vs. High Stakes
We’re now in an era where AI can engage in conversations (like how Tony Stark’s AI assistant, Jarvis), and our iPhones and Androids can translate languages to some extent. With the level of tech available today, I wouldn’t blame you if you thought the courts’ inability to document court proceedings was a little absurd. Right?
Wrong. Producing documents that can withstand scrutiny in court isn’t as easy as activating the recording button on your iPhone during a court proceeding until it reaches its maximum recording capacity and feeding the audio file into a shady transcription software powered by AI.
You’d end up throwing highly sensitive information to some unknown organizations for subpar, disorganized transcripts with an accuracy rate of 61.92% AT BEST. Not to mention, they can save your data and provide it to someone else, leading to privacy issues.
For the same reason, the human element in these documents remains (and will remain) irreplaceable. Only professionals can accurately transcribe speech, distinguish between multiple speakers, understand technical legal terms like Desuetude or Estoppel in pais, interpret non-verbal elements, etc.
An Effective Solution To The Court Reporter Crisis
The court reporter crisis is a struggle for everyone who relies on transcripts. Fortunately, legal transcription companies, like Ditto Transcripts, or those that are compliant with CJIS, can be a lifeline for litigants seeking appeal (and costs nowhere near $5,000 per day).
At Ditto Transcripts, we can guarantee the following:
- We provide faster turnaround times compared to overwhelmed court reporting offices.
- Our services maintain a network of certified transcriptionists who can handle a wide range of legal proceedings.
- We offer more affordable pricing than traditional court reporting services – and with transparent legal transcription pricing, you know exactly what to expect.
- Most importantly, Ditto Transcripts can provide the certified transcripts necessary for appeals (complete with formats and certification that American courts require).
All of this ensures that litigants have options to exercise their right to appeal despite the court reporter crisis that’s unfolding in our nation.
Why Choose Ditto Transcripts As Your Legal Transcription Partner?
No sugarcoating involved; Ditto Transcripts has everything you need. Some of what you can expect from us are the following:
- Time-Tested Experience: We’ve been in the business since 2010. That means we don’t simply transcribe legal terminology – we understand it. We’re your legal language veterans.
- Accuracy You Can Count On: We deliver 99% accuracy because “close enough” isn’t in our vocabulary in legal proceedings. Every word matters, and we treat them accordingly.
- Court-Ready Certification: Our certified transcripts meet court admissibility requirements. There are no returned documents or hassles – just clean, court-accepted documentation.
- Fort Knox-level security: We’re HIPAA and CJIS-compliant and we use only U.S.-based, background-checked professionals to handle your files.
- Speed When You Need It: Life doesn’t wait, and neither should you. Choose from 4-hour rush delivery to a standard 6-10 business-day turnaround. Your deadline, your choice.
- Smart Pricing: Premium service shouldn’t mean premium prices. We run about 50% leaner than traditional court reporting firms while maintaining top-tier quality.
- Full-Service Solutions: From hearings to depositions, interviews to legal proceedings, and even legal typing services, if it needs transcribing, we’ve got you covered.
- Español? ¡Por supuesto!: Do you need a Spanish legal translation? We’ve got specialized experts ready to handle your multilingual legal needs.
- Customer Support That Has Your Back: Enjoy toll-free dictation, phone support, a free iPhone app, and unlimited assistance – all without getting trapped in long-term contracts.
We Can Help You Preserve Your Constitutional Rights
With this continuing court reporter crisis, your right to appeal depends entirely on having certified transcripts of your legal proceedings.
At Ditto Transcripts, we’re doing our best to ensure that no one loses their appeal rights due to the nationwide shortage of court reporters—whether organizations or self-represented litigants. Our certified transcriptionists deliver court-approved documentation essential for preserving your legal rights.
Ditto Transcripts is a HIPAA- and CJIS-compliant transcription services company based in Denver, Colorado that provides fast, accurate, and affordable transcripts for individuals and companies of all sizes. Call (720) 287-3710 today for a free quote and ask about our five-day free trial.