Is the electronic-recording ban unconstitutional?

The California Appellate Law Podcast

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8d ago 23:15

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All eyes are on the electronic-recording original proceeding in the Supreme Court, Family Violence Appellate Panel v. Superior Court, and the Court’s recent order to show cause why, when a court reporter can’t be found, California’s trial courts should not be ordered to hit the “record” button. This could this be the most significant advancement in electronic court recording in decades. But it raises a few questions:

❔ The remedy sought is limited to low-income litigants. But if the Court buys the equal-protection arguments, won’t it require a holding for all Californians?

❔ Will the Superior Courts oppose the relief? LA Superior Court, after all, already issued a local rule allowing electronic recordings.

❓ Will the Legislature oppose? To the contrary, Jeff makes a bold prediction that the Legislature, to avoid embarrassment, will amend or abolish Gov. Code § 69957 before the Court rules.

⁉️ Will the court reporter lobby oppose? Is opposition possible without appearing villainous?

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

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Other items discussed in the episode:

Is the electronic-recording ban unconstitutional?
Family Violence Appellate Project v. Superior Court (no. S288176)
Jameson v. Desta (2018)

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