MORE THE SENATE JUDICIARY
COMMITTEE AND SENATE PUBLIC
SAFETY COMMITTEE WILL COME TO
ORDER WE WELCOME- TODAY'S OF
PANELISTS AND GUESS OF FOR THE
JOINT INFORMATIONAL HEARING
BETWEEN THE SENATE JUDICIARY
COMMITTEE AND SENATE PUBLIC
SAFETY COMMITTEE ENTITLED THE
JUDICIAL BRANCH PROTECTING
ACCESS TO JUSTICES COVERT
NINETEEN STATE OF EMERGENCY
EXPIRES OF THIS HEARING IS PART
OF THE LEGISLATORS LEGISLATURES
RESPONSIBILITY TO PROVIDE SOME
OVERSIGHT- AND ISN'T. CONNECTION
WITH US THE PROTECT OUR PROGRESS
INITIATIVE- IS WE CAN DO TO TAKE
SOME PRECAUTIONS TO MANAGE
ONGOING COVERT NINETEEN WRIST
THE SENATE CONTINUES TO WELCOME
THE PUBLIC TO OUR HEARINGS AS
PROVIDE ACCESS TO BOTH IN PERSON
AND TELECONFERENCE DISSIPATION
FOR PUBLIC COMMENT PRO
INDIVIDUALS WISHING TO PROVIDE
COULD PUBLIC COMMENT THE
PARTICIPANT TOLL FREE AN ACCESS
CODE IS POSTED ON OUR COMMITTEE
WEBSITE. WILL BE DISPLAYED ON
THE SCREEN ANNOUNCE IT NOW
TODAY'S PARTICIPANT NUMBER IS.
877-226-8216 AND THE ACCESS CODE
IS. SIX TWO ONE SEVEN ONE SIX
ONE. POPE TO STATION WE LIMITED
TO ONE MINUTE PER PERSON WE WILL
TAKE UP TO THIRTY MINUTES A
PUBLIC COMMENTS- NEAR THE
CONCLUSION OF THE HEARING PLEASE
LET US KNOW YOUR NAME AND YOUR
ORGANIZATION IF APPLICABLES
BEFORE PROVIDING YOUR REMARKS
FOR DETAILED INSTRUCTIONS ON HOW
THE TELECONFERENCES TO WORKS
PLEASE REFER TO THE SENATE. AND
JUDICIARY COMMITTEE WEBSITES FOR
TODAY'S HEARING WILL BE HEARING
ALL THE WITNESS PANELS- ON THE
AGENDA PRIVATE TAKING PRIOR TO
TAKING ANY PUBLIC COMMENT ONCE
WE'VE HEARD ALL THE WITNESSES
WILL HAVE PUBLIC COMMENT. AT THE
END. I'LL MAINTAIN DECORUM
DURING A HEARING AS IS CUSTOMARY
IN ANY INDIVIDUAL WHO IS
DISRUPTIVE MAY BE REMOVED FROM
THE REMOTE HEARING SERVICE OR
HAVE THEIR CONNECTION. MUTED OF
LET ME BEGIN BY THANKING SENATOR
WHAT HA. HA THANK YOU VERY MUCH-
THIS IS A HEARING. CONCERNING
THE JUDICIARY SO IT'S
APPROPRIATE THE WE- ARE JOINED
BY THE PUBLIC SAFETY COMMITTEE
AND I APPRECIATE YOUR
PARTICIPATION YOUR LEADERSHIP IN
THE IN THIS EFFORT- THIS IS OUR
SECOND HEARING IN OVER TWO YEARS
JUST OVER TWO YEARS ON THE TOPIC
OF ACCESS TO JUSTICE AND FISHING
SEASON THE COURT. OUR FIRST
HEARING WAS IN FEBRUARY OF
TWENTY TWENTY ONE BARELY A YEAR
INTO THE PANDEMIC AND WE ALONG
WITH THE ASSEMBLY JUDICIARY
COMMITTEE CONVENED TO ASSESS.
THE IMPACT OF COVERT NINETEENTH
RAPID ONSET ON THE COURTS AND
HOW IT WAS IMPACTING ACCESS TO
JUSTICE AT THAT TIME TO LEARN.
ABOUT THE BEST PRACTICES THAT
COULD BE ADOPTED BY THE COURTS.
AND TODAY THINGS ARE DIFFERENT
GOVERNOR NEWSOM TERMINATED
CALIFORNIA GOV. COVA NINETEEN
STATE OF EMERGENCY. AND THE BY
THE MINISTRATIONS ANNOUNCED THAT
THE FEDERAL COVERT NINETEEN
STATE EMERGENCY. WILL EXPIRE IN
MAY. FOR OPERATIONS OF THE-
RETURNED TO PANDA. A NORMAL WERE
INTERESTED IN HEARING ABOUT
COURT OPERATIONS TODAY
COURTHOUSES HAVE REOPENED AND
JUDGES ARE HEARING THEIR REGULAR
CASELOAD SO FAR AS WE KNOW.
NEVERTHELESS THE PANDEMIC IS
CAST A VERY LONG SHADOW OVER
ACCESS TO JUSTICE HERE IN
CALIFORNIA. AND LEFT THE CASE
BACKLOG. THAT IS STILL IMPACTING
LITIGANTS THE SAME TIME THE
PANDEMIC LED TO INNOVATIONS.
THAT HAVE BENEFITTED PARTIES IN
THE COURTS AND USE THE REMOTE
TECHNOLOGY IN BOTH CIVIL AND
CRIMINAL CASES FIRST ALLOWED BY
THE MERCY ORDER. IS NOW BEEN
CODIFIED SO THAT PEOPLE CAN OPT
TO APPEAR FOR MATTERS BY ZOOM.
OR TELECONFERENCE. SELF HELP
CENTERS OF ALSO SHIFTED SOME OF
THE SERVICES. THAT WERE PROVIDED
IN THE COURTHOUSE NOW BE
PROVIDED REMOTELY. THESE
ADVANCES HAVE ALLOWED PARTIES TO
ACCESS THE COURTS WITHOUT
MISSING IN THEIR WORK OR SCHOOL-
OUR GOAL TODAY. ALONG WITH
SENATE PUBLIC SAFETY COMMITTEE
IS TO GAIN A COMPREHENSIVE
PICTURE OF WHERE THE COURTS THE
AND NOW. WE WANT TO LEARN MORE
ABOUT WHAT'S WORKING WELL WHAT
NEEDS IMPROVEMENT- AND WHERE WE
ARE IN THE PROCESS OF WHAT THE
LEGISLATURE CAN DO TO EMPOWER
THE COURTS. AND COURT USE USERS
TO IMPROVE ACCESS TO JUSTICE.
NOW FIRST GOING TO HEAR ABOUT
THE STATE RECORDS TODAY- FROM UP
I BELIEVE FROM THE JUDGE
ANDERSON- FROM THE JUDICIAL
COUNCIL. PROVIDE AN OVERVIEW OF
THE STATUS OF THE CASE BACKLOG
IN MAJOR ISSUES IMPACTING THE
COURTS ARE SECOND. TASK IS TO
DISCUSS TWO MAJOR ISSUES
IMPACTING THE COURTS TO USE THE
REMOTE TECHNOLOGY FOR COURT
APPEARANCES AND THE AVAILABILITY
OF COURT REPORTERS. WE'RE GONNA
HEAR THREE DIFFERENT PANELS
ABOUT THE USE OF REMOTE
TECHNOLOGY IN CIVIL AND CRIMINAL
CASES ARE FIRST REMOTE
TECHNOLOGY PANEL ADDRESS REMOTE
TECHNOLOGY- IN CIVIL CASES WE'LL
HEAR FROM PRACTITIONERS COURT
EMPLOYEES AND OTHERS TO HEAR
WHAT WORKS. AND WHAT NEEDS
IMPROVEMENT. CENTER WILL HOBBLE
PRESIDE OVER OUR SECOND AND
THIRD REMOTE TECHNOLOGY PANELS
WHICH WILL LOOK. AT THE USE OF
REMOTE TECHNOLOGY CRIMINAL CASES
FOR THE PROSPECTIVE COUNSEL IN
COURT OPERATIONS. OUR FINAL
PANEL WILL ADDRESS THE BILL
BILITY OF CORE REPORTERS CIVIL.
WILL HEAR FROM. ANOTHER
REPRESENT THE JUDICIAL COUNCIL
FROM COURT REPORTERS FROM. AN ON
THE GROUND LITIGATOR AND FROM A
REPRESENTATIVE OF THE COURT
REPORTERS BOARD WHICH OVERSEES
THE LICENSING AND REGULATION OF
COURT REPORTERS AND STATE OF
CALIFORNIA- LET ME NOW- TURN IT
OVER TO CENTER WILL HAVE THEM
ALL HERE FROM OUR VICE YEARS
THANK YOU VERY MUCH FOR BEING
HERE SENATOR WILK- AND I THINK
SENATE WHICH- BOTH WILL BE HERE
SHORTLY. SO ALL RIGHT SEVEN WHAT
THANK YOU THANK YOU. AND GOOD
MORNING AND THANK YOU TO
EVERYONE PARTICIPATING IN OR
JOINING US FOR TODAY'S JOINT
HEARING WITH THE SENATE
JUDICIARY. ON THE G. JUDICIAL
BRANCH AND REMOTE PROCEEDINGS
ARE COMMITTEES HAVE CONVENE
TODAY TO DISCUSS PROTECTING
ACCESS TO JUSTICE AS THE COVE IN
NINETEEN STATE OF EMERGENCY
EXPIRES. AND TO EXPLORE THE
CONTINUED USE OF REMOTE
PROCEEDINGS IN COURTS TO ENSURE
JUSTICE. AT THIS HEARING WE WILL
HEAR FROM THOSE WHO ARE INVOLVED
IN CIVIL AND CRIMINAL
PROCEEDINGS IN THE COURTS AS
JUDGES CIVIL ATTORNEYS DISTRICT
ATTORNEY'S CRIMINAL DEFENSE
ATTORNEYS IN COURT REPORTERS. IT
IS MY HOPE THAT IN HAVING THIS
HEARING TODAY WE WILL ALL LEAVE
WITH A BETTER UNDERSTANDING OF
HOW COURTS. HAVE BEEN OPERATING
WITH REMOTE PROCEEDINGS AND
WHETHER ANY CHANGES SHOULD BE
MADE TO CONTINUING USING.
TECHNOLOGY WHILE ENSURING ACCESS
TO JUSTICE. FOR ALL THOSE
INVOLVED- THANK YOU AGAIN TO OUR
PANELISTS IN IT FOR EVERYONE
JOINING US- WHILE WE ARE WAITING
FOR SENATOR- CHOI BOGUE- I'D
LIKE TO TURN IT OVER TO SENATOR
WILK- ARE VICE CHAIR AND-
HOPEFULLY. IF YOU HAS ANY
REMARKS HE'D LIKE TO SHARE THANK
YOU. THANK YOU MA'AM SURE VERY
BRIEFLY IT ANYWAY- FIRST OF ALL
I WANT TO I WANT TO THANK OUR
CHAIRS FOR CONVENING- THIS SITE
HEARING I THINK IS A VERY
IMPORTANT ISSUE. I KNOW THE
JUDICIAL BRANCH SUPPOSED TO BE
THE COAT THAT THIRD CO EQUAL
BRANCH OF GOVERNMENT. IS NOT
ALWAYS TREATED THAT WAY BUT I
WILL SAY FOR OUR CITIZENS WHEN
THEY DO HAVE TO ACCESS THE
JUDICIAL BRANCH. IT IS THE MOST
IMPORTANT OUR BRANCH OF
GOVERNMENT. ME PERSONALLY I JUST
FINISHED MY CIVIC DUTY OF DOING-
OF SERVING- JURY DUTY IN AND
SURVIVE HAD SURVIVED THAT QUITE
WELL. AND I THINK ANYTHING THAT
WE CAN DO TO MAKE- THE PROCESS
SMOOTHER- FOR ALL I THINK IS A
NOBLE THING SO I'M LOOKING
FORWARD TO HEARING THE TESTIMONY
TODAY. THANK YOU. THANK YOU A
CENTER WOKE AND IT WILL NOW TURN
TO OUR FIRST PANEL- JUDGE
ANDERSON IF YOU WOULD APPROACH I
WOULD BE GRATEFUL. THANK YOU
JUDGE ANDERSON AND THE FLOOR IS
YOURS. AND LET'S SEE I AM MY OWN
NOW YOU ARE ALREADY AND GOOD
MORNING CHAIRS AS WELL AS GOOD
MORNING VICE CHAIRS AS WELL AS
COMMITTEE MEMBERS. I'M JUDGE
MARLEY ANDERSON JUDGE MONTEREY
COUNTY SUPERIOR COURT ALSO A
JUDICIAL COUNCIL MEMBER AND
CHAIR IT'S LEGISLATION COMMITTEE
AS WELL AS A MEMBER OF THE
JUDICIAL COUNCIL AD HOC
WORKGROUP ON POST PANDEMIC
INITIATIVES. AND AGAIN GOOD
MORNING AND THANK YOU FOR
ORGANIZING THIS JOINT HEARING
TODAY AND FOR INVITING THE
REPRESENTATIVES OF THE JUDICIAL
BRANCH TO TESTIFY ON THESE
IMPORTANT ISSUES THAT WE VERY
MUCH APPRECIATED. I WAS ASKED TO
PROVIDE THE STATUS OF COURT
OPERATIONS AS THE CODE NINETEEN
STATE OF EMERGENCY EXPIRES. IN
THE YEAR PRIOR TO THE PANDEMIC
THERE ABOUT SIX MILLION CASES
FILED IN CALIFORNIA COURTS AND
ABOUT FOUR POINT FIVE MILLION
CASES DISPOSED ANNUALLY. OVER
THE COURSE OF THE PANDEMIC
FILINGS FOR A FOLLOW DIFFERENT
TRAJECTORIES. SOME CASE TYPES
FILINGS TRENDED LOWER WHILE
OTHERS DIPPED BUT TRENDED
RELATIVELY STEADY. SOME CASES
TYPES LIKE FELONY IN CIVIL
UNLIMITED RETURN QUICKLY TO
PRETEND THAT MAKE LEVELS WHILE
OTHERS TOOK LONGER TO RESUME TO
PREPEND EMIC LEVELS. SOME CASE
TYPES LIKE INFRACTION CASES
CONTINUE TO LAG PRE PANDEMIC
RATES. WHAT SPACE BACKLOG
CHALLENGES AS A RESULT OF THE
PANDEMIC PRIMARILY IN PROCESSING
CASES. WORKFORCE CHALLENGES AT
THE COURTS. HAD BEEN EXACERBATED
BECAUSE OF ILLNESSES AND
RETIREMENTS. BUT COURTS ARE NOW
BACK HAPPILY TO SAY TO PREPENDED
MAKE CLEARANCE RATES LARGELY
BECAUSE OF THE ACTIONS OF THE
TRIAL COURTS. THE GOVERNOR THE
LEGISLATURE THE FORMER CHIEF
JUSTICE IN THE JUDICIAL COUNCIL
. FINDING THAT THE LEGISLATURE
PROVIDED TO THE COURT ASSISTED
WITH THESE CHALLENGES TO HELP
PAY FOR OVERTIME. TEMPORARY
STAFFING AND SHORT TERM FACILITY
RENTALS TO ENSURE PROPER
PHYSICAL DISTANCING. THE BUDGET
ACT OF TWENTY TWENTY INCLUDED
FIFTY MILLION ONE TIME GENERAL
FUNDS. THE BUDGET ACT OF TWENTY
TWENTY ONE INCLUDED SIXTY
MILLION ONE TIME GENERAL FUNDS
TO ADDRESS BACKLOGS AND WORKLOAD
DELAYS. ADDITIONALLY THE
LEGISLATURE FUNDED THE CHIEF
JUSTICE'S EARLY DISPOSITION
READY CONFERENCES WHICH INCLUDED
THIRTY MILLION DOLLARS IN ONE
TIME GENERAL FUND FOR THE
TEMPORARY ASSIGNED JUDGES
PROGRAM. TO SUPPORT EARLY
DISPOSITION READINESS
CONFERENCES PROGRAMS IN TRIAL
COURTS. THE JUDICIAL COUNCIL
ADOPTED EMERGENCY RULES TO
ENSURE THAT THE PUBLIC CONTINUED
ACCESS TO JUSTICE DURING THE
HEIGHT OF THE PANDEMIC.
SPECIFICALLY IN APRIL OF TWENTY
TWENTY THE JUDICIAL COUNCIL
ADOPTED TEMPORARY RULE THREE AND
THAT WAS THE USE OF TECHNOLOGY
FOR REMOTE APPEARANCES IN CIVIL
AND CRIMINAL AND RULE FIVE WHICH
PERMITTED PERSONAL PARENTS
WAIVERS OF DEFENDANTS IN
CRIMINAL AND THESE PROVIDED
AUTHORITY FOR COURTS TO CONDUCT
PROCEEDINGS REMOTELY. DURING THE
COPA NINETEEN STATE OF EMERGENCY
THESE EMERGENCY RULES WERE
CRUCIAL TO KEEPING COURT
PROCEEDINGS GOING WHEN COURTS
COURT PARTICIPANTS AND JUSTICE
PARTNERS COULD NOT MEET IN
PUBLIC SETTINGS. IN TWENTY
TWENTY ONE THE LEGISLATURE
CODIFIED THE COURT'S AUTHORITY
TO CONDUCT REMOTE PROCEEDINGS BY
ADDING KOTA CIVIL PROCEDURE
THREE SIX SEVEN POINT SEVEN FIVE
AND THAT WAS SB TWO FORTY ONE
AUTHORED BY SENATOR- BURKE. THE
LEGISLATURE ALSO CODIFIED THE
COURT'S AUTHORITY TO CONDUCT
REMOTE PROCEEDINGS IN CRIMINAL
CASES WITH THE ENACTMENT OF AB
ONE NINETY NINE A BUDGET TRAILER
BILL. ALSO IMPORTANT LOWER
FILING VOLUMES IN COMBINATION
WITH OPERATIONAL CHANGES AND USE
OF TECHNOLOGY IN SOME CASE TYPES
LIKE LIMITED CIVIL CONSIDER.
GUARDIANSHIP JUVENILE AND SMALL
CLAIMS HAVE BEEN COURTS AN
OPPORTUNITY TO CATCH UP IN
CERTAIN AREAS DEMONSTRATED BY
THE HIGHER CLEARANCE RATES FOR
THOSE CASE TYPES. THIS COMBINED
ACTIONS. SUPPORTED THE COURTS AS
THEY RESPONDED TO AND MOVE
FORWARD FROM THE PANDEMIC. THE
LAST TOPIC THAT I'D LIKE TO
COVER ON THIS OPENING PANEL ARE
TWO REPORTS THAT THE JUDICIAL
COUNCIL PROVIDED TO THE
LEGISLATURE WHEN IT TO A FIRST
PASSED LEGISLATION AUTHORIZING
REMOTE PROCEEDINGS. THE REPORT
SUBMITTED PURSUANT TO CODE OF
CIVIL PROCEDURE THREE SIXTY
SEVEN POINT EIGHT WAS SUBMITTED
TO THE LEGISLATURE IN JANUARY.
AND INCLUDED DATA ON THE NUMBER
OF REMOTE PROCEEDINGS AND
SATISFACTION RATES. AS PART OF
THAT EFFORT THE JUDICIAL COUNCIL
RECEIVED DATA FROM THIRTY EIGHT
COURTS ON THE NUMBER OF REMOTE
PROCEEDINGS IN CRIMINAL MATTERS.
BASED ON THIS DATA. WE ESTIMATE
THAT IN THOSE COURTS THERE WERE
APPROXIMATELY FOUR HUNDRED AND
TWENTY TWO THOUSAND REMOTE
FELONY AND MISDEMEANOR CRIMINAL
PROCEEDINGS AND A HUNDRED AND
TWENTY FIVE THOUSAND INFRACTION
PROCEEDINGS. IN A ONE YEAR
PERIOD. ON THE CIVIL SIDE BASED
ON DATA FROM FIFTY ONE COURTS WE
ESTIMATE THAT THERE WERE NEARLY
A MILLION US CIVIL REMOTE
PROCEEDINGS ANNUALLY IN THOSE
COURTS. PUT ANOTHER WAY. THE
DATA SUGGESTS THAT THERE ARE
OVER SIX THOUSAND REMOTE
HEARINGS TAKING PLACE IN
CALIFORNIA COURTS EACH DAY. OVER
SEVEN HUNDRED HEARINGS EACH HOUR
OF THE BUSINESS DAY. REMOTE
PROCEEDINGS HAVE ALLOWED
CALIFORNIANS TO AVOID OVER ONE
POINT FIVE MILLION TRIPS TO THE
COURTHOUSE. MOST STRIKING FOR ME
IN THE DATA THAT WAS COLLECTED
THIRTY FIVE THOUSAND INDIVIDUALS
INCLUDING THE PUBLIC AND COURT
EMPLOYEES RESPONDED TO A SIMPLE
QUESTION ABOUT THEIR EXPERIENCE
WITH REMOTE PROCEEDINGS. 96% OF
THOSE WHO RESPONDED REPORTED
THAT THEY HAD A POSITIVE
EXPERIENCE WITH THE REMOTE
PROCEEDINGS THIS INCLUDES
PARTY'S ATTORNEYS AND COURT
EMPLOYEES. PARTISAN ATTORNEYS
WERE 91% POSITIVE EMPLOYEES WERE
98% POSITIVE. THE SECOND REPORT
WAS UNDER CODE OF CIVIL
PROCEDURE THREE SIX SEVEN POINT
NINE WHICH DIRECTED THE COUNCIL
TO CONVENE A WORKING GROUP ARE
MADE UP OF MANY COURT
STAKEHOLDERS TO CONSIDER AND
MAKE RECOMMENDATIONS ON REMOTE
PROCEEDINGS. THAT WORKING GROUP
WENT THROUGH A LONG PROCESS
WHERE THEY COLLECTED INFORMATION
FROM VARIOUS STAKEHOLDERS
RECEIVED WRITTEN COMMENTS AND
HELD TO OUR PUBLIC COMMENT
SESSIONS. ALL OF THIS INPUT
INFORMED THE DEVELOPMENT OF THE
WORKING GROUP'S RECOMMENDATIONS.
THE WORKERS RECOMMENDATIONS WERE
SUBMITTED TO THE LEGISLATURE AND
GOVERNOR IN JANUARY. AMONG THE
RECOMMENDATIONS THE WORKGROUP
IDENTIFIED STRONG SUPPORT FOR
MAKING REMOTE PROCEEDINGS
AVAILABLE BUT NOT MANDATORY IN
ALL CASE TYPES BOTH CIVIL AND
CRIMINAL WHEN. COURTS PARTIES
AND OTHER PERSON DISSIDENTS HAVE
ACCESS TO REMOTE TECHNOLOGY.
CLEAR AND PRIVATE COMMUNICATION
BETWEEN PARTIES AND THEIR
ATTORNEYS IS AVAILABLE AND
TECHNOLOGY PROVIDES FOR CLEAR
COMMUNICATION BETWEEN ALL
PARTICIPANTS AND COURT
INTERPRETERS. IN CONCLUSION
COURT CASE PROCESSING RATES HAVE
RETURNED TO PRE PANDEMIC LEVELS
. WE ARE FOCUSED ON UTILIZING
DATA TO IMPROVE OUR COURT
OPERATIONS AND SERVICES AND
CONTINUING TO PROVIDE INNOVATION
SOLUTIONS AND EQUAL ACCESS TO
JUSTICE FOR THE PEOPLE OF
CALIFORNIA. CONTINUED INVESTMENT
AND REMOTE ACCESS AS WELL AS THE
FLEXIBILITY TO CONTINUE
EXPANDING REMOTE OPTIONS WILL
PROVIDE INCREASE ACCESS TO THE
COURTS FOR THE PUBLIC. AND WILL
REDUCE DISRUPTION TO THE PUBLIC
AS WELL AS PREPARE COURTS FOR
FUTURE CRISIS. THAT MAY BE
CAUSED BY A PANDEMIC WILDFIRES
NATURAL DISASTERS OR BAD WEATHER
OR ANY OTHER UNEXPECTED EVENT.
WHILE INITIAL TECHNOLOGY
IMPLEMENTATIONS MAY NEED SOME
AREAS OF IMPROVEMENT. WE SEE THE
SERVICES GETTING BETTER AND
BETTER AS WE USE THEM AND
CONTINUE TO SERVE THE PUBLIC
THANK YOU. THANK YOU JIM SEN ALL
RIGHT LET LET'S TURN TO THE
PANEL QUESTIONS BY PANEL MEMBERS
- SEEING NO QUESTIONS BUT POUNDS
I HAVE SOME QUESTIONS YES- SO.
WHAT HAS THE JUDICIAL COUNCIL
OBSERVES THAT HAS WORKED WELL
WHAT'S WORTH KEEPING YOU MENTION
REMOTE ACCESS AND WHAT WHAT IN
PARTICULAR NEEDS IMPROVEMENT. I
THINK WHAT WORKS WELL ARE THE
REMOTE PROCEEDINGS MAKING IT
AVAILABLE AND MAKING IT THE
CHOICE OF THE COURT USER AND IT
HAS WORKED WELL I THINK THE
COUNCIL HAS WORKED WITH COURTS
TO IMPROVE THEIR TECHNOLOGY AND
IMPROVE HOW THEY DELIVER A
SERVICES TO THE PUBLIC THROUGH
REMOTE TECHNOLOGY WHAT HAS
WORKED WELL. IS THE AVAILABILITY
OF JUST ACCESS TO THE COURTS
WITHOUT NECESSARILY HAVING TO
COME DOWN TO THE COURT DEPENDING
ON YOUR CIRCUMSTANCES I THINK
WHAT NEEDS IMPROVEMENT AS WELL
AS THE CONTINUED AND CONSISTENT
FOCUS ON IMPROVING TECHNOLOGY
IMPROVING PRACTICE AND BEST
PRACTICES AND IMPROVING
PROCEDURES. AND JUST REVIEWING
THE DATA AND LOOKING AT THE DATA
AND IMPLEMENTING WITH THE DATA
SUGGEST ARE THE BEST
IMPROVEMENTS. I'M JUDGE THANK
YOU DO YOU DO YOU HAVE- ANY
INFORMATION WITH RESPECT TO THE
SUPERIOR COURTS THAT ARE
BASICALLY- BUMPING UP AGAINST
THE FIVE YEAR RULE. WITH RESPECT
TO THE CIVIL CASES CARRILLO
CASES CORRECT M. KATE A COURTS
ARE WORKING VERY HARD IN THE
CIVIL ARENA TO GET A CASES OUT.
THEY ARE HEARING THOSE MOTIONS
WITH RESPECT TO- YOU KNOW
WHETHER A CASE SHOULD BE
DISMISSED OR NOT DISMISSED AND I
THINK THERE'S BEEN PROGRESS IN
IN COURTS TO MAKE SURE THAT
THEY'RE ABLE TO GET THOSE CIVIL
TRIALS OUT. WORKING OUT WITH
RESPECT TO A SETTLEMENT
CONFERENCES THEY BELIEVE THE
ASSIGNED JUDGES PROGRAM THE
CHIEF JUSTICE ASSIGNED A JUDGE'S
PROGRAM HAS REALLY GATHERED A
GROUP OF JUDGES TO GO OUT TO
VARIOUS COURTS TO. ENGAGE IN
SETTLEMENT CONFERENCES TO ASSIST
THOSE COURTS TO BETTER DISPOSE
OF THE CIVIL CASES SO THAT WE
CAN GET CASES RESOLVED BEFORE
THAT FIVE YEAR MARK. DO WE KNOW-
WHAT SPIRIT COURTS ARE BUMPING
UP AGAINST THE FIVE YEAR RULE.
WITH RESPECT TO THEIR PENDING
CIVIL CASES RIGHT I DON'T HAVE
THAT SPECIFIC DATA WITH ME TODAY
WITH RESPECT TO WHICH SPECIFIC
COURTS ARE HAVING CHALLENGES
WITH RESPECT TO POTENTIALLY
DISMISSING THOSE CASES. BUT I
BELIEVE WITH RESPECT TO THE- THE
RULES THAT PERMITTED THE CASES
WITH RESPECT TO THE STATUE OF
LIMITATIONS HAS ASSISTED. AND I
KNOW I PAN DYLAN UNLIMITED SAYS
CIVIL CALENDAR MYSELF- WITH
RESPECT TO THE SETTLEMENT
CONFERENCE COUNCIL HAVE BEEN
VERY VERY GOOD. ABOUT TO WORKING
ON RESOLUTIONS DISPOSITIONS
AGREEING TO EXTENDING TRIALS AND
DOING A VARIETY OF THINGS SO
COURTS ARE WORKING THEIR BEST.
THAT THEY POSSIBLY CAN WITH THAT
COUNCIL IN ORDER TO MAKE SURE
THAT JUSTICE IS SERVED AND NO
ONE IS OUT OF LUCK SIMPLY
BECAUSE OF THE- BUT FOR. THE
FIVE YEAR RULE AS WELL AS MAKING
SURE WE'RE PUSHING CASES TO
TRIAL AND PUSHING CASES TO
SETTLEMENT OKAY. WE ARE MAYBE-
ANOTHER DAY ANOTHER ANOTHER. BE
USEFUL TO KNOW I'M- OF COURSE WE
GET A LOT OF ANECDOTAL. ABOUT
COURTS THAT ARE BUMPING UP
AGAINST THE FIVE YEAR RULE CASES
THAT ARE BEING DISMISSED IN MAY
WE COME BACK AND- YES I DON'T
HAVE A SPECIFIC DATE ON THAT I
BELIEVE THE MOST RECENT REPORT.
THAT WAS SUBMITTED TO THE
LEGISLATURE WITH RESPECT TO THE
DATA SHOULD HAVE THE CIVIL CASE
RESOLUTION. CASE RATES- THAT HAS
INCREASED AND GOTTEN BETTER A-
POST PANDEMIC AS WELL ABOUT
MONTEREY COUNTY HOUSES. WE'RE
GETTING. A GOOD MODERATE COUNTY
WE'RE GOOD I MEAN WE PUSH HARD-
I'M QUITE SURE SOME OF THE
ATTORNEYS THAT ARE HERE WHO. HAD
CASES- IN MONTEREY COUNTY CAN
PROBABLY ASSURE YES I'VE HAD THE
UNLIMITED CALENDAR. AND I
HAVEN'T HAD ANY DIFFICULTY
GETTING CASES TO TRIAL- AND
SUBMITTING WE'VE BEEN VERY GOOD
WITH ARTERIES. WITH RESPECT TO
APPEARING WE HAD UP IN PERSON
JURY TRIALS WE HAVE NOT DONE
VERY MANY REMOTE JURY TRIALS. I
HAVE. EXPERIENCE REMOTE
WITNESSES MORE LIKE YOUR EXPERT
WITNESSES- A- IN A CIVIL TRIALS
AS WELL BUT WE HAVE BEEN ABLE TO
GET OUR TRIALS THAT WERE VERY
VERY HAPPY AND WE'VE BEEN ABLE
TO GET OUR CRIMINAL TRIALS OUT
AS WELL. OKAY THANK YOU OTHER
QUESTIONS BEING. NO I'M SORRY.
SO THE RECOVERY ARE THANK VERY
MUCH AND THEY YOU JUDGE FOR
BEING HERE WE ALWAYS. HEARING
HOW. THE JUDICIAL SYSTEM IS
WORKING- OUR SYSTEM OF. FUNDING
THAT COURTS IS KIND OF. AN
ARCHAIC SYSTEM BECAUSE IT'S
BASED ON CASES WAY BACK WHEN
AND- AND SOME OF THE COURTS SOME
OF THE MORE RURAL COURTS. ARE
STRUGGLING BECAUSE THEY HAVE THE
SAME OBLIGATIONS AS THE AS THE
BIGGER COUNTY SO THE BIGGER
COURTS- AID. AND I THIS IS
PROBABLY AB ABOVE YOUR PAY GRADE
RIGHT NOW BUT- BUT I'M WONDERING
IF IT'S TIME- POST CODE TO GO
BACK AND LOOK AT HOW WE FIND
THOSE COURTS AND WHAT MIGHT.
WHAT KIND OF ASSISTANCE MIGHT
HELP THEM TO BE ABLE TO MEET THE
NEEDS THAT THEY HAVE- EITHER
BECAUSE OUR CASELOAD HAS GROWN
OR BECAUSE- THEY JUST DON'T
HAVE. THE RESOURCES TO BE ABLE
TO DO THAT THE THINGS THAT SOME
OF THE BIGGER COURTS ARE AND
WHAT THIS IS LEADING ME TO IS-
PART OF THE CHALLENGE IN TERMS
OF UNDERSTANDING WHAT WAS
HAPPENING. FROM FROM FROM MY
PERSPECTIVE- IS THAT OUR OUR
PUBLIC HEALTH OFFICERS- OPERATE
WITHIN A COUNTY SYSTEM AND- AND
EVERY COUNTY DOES THINGS A
LITTLE BIT DIFFERENTLY AND
THAT'S BEEN MY EXPERIENCE THAT
THE COURTS AS WELL EVERY COURT
DOES THEIR- RUNS THEIR SYSTEMS A
LITTLE BIT DIFFERENTLY THE THAT.
THE GOAL OF TRYING TO GET THE
MONEY ON A UNIFORM- COMPUTER
SYSTEM OR OR ELECTRONIC SYSTEM
JUST WAS A LITTLE BIT TOO
CUMBERSOME BECAUSE EVERYBODY HAD
DIFFERENT SYSTEMS- AND SO I'M
WONDERING IF- IF ALL OF THAT AS
WE LOOK AT HOW CAN WE- ACCESS TO
JUSTICE IS IMPORTANT FOR ALL OF
US. AS WE LOOK AT THAT ACCESS TO
JUSTICE AND HOW THE COURTS ARE
OPERATING WITH THE- WEATHER- IN
FUSION OF RESOURCES WOULD BE
APPROPRIATE TO HELP- POST CODE
AS GET. GET THINGS BACK ON TRACK
IN OPERATE MORE AS A UNIFIED
SYSTEM AND NO IT'S ALL OVER THE
PLACE BUT- WE HAVE YOU HERE
TODAY IS REFLECTIVE ASK THAT
QUESTION AND YES. YOU KNOW
FUNDING IS ALWAYS APPRECIATED IN
THE COURTS AND THE AND THE
JUDICIAL BRANCH AND WE HAVE.
RECEIVED SOME FUNDING AS A
PREVIOUSLY INDICATED WITH
RESPECT TO ASSISTANCE. WITH THAT
CASE BACKLOG THAT WAS ONE TIME
FUNDING AND YES IT WOULD BE
HELPFUL TO HAVE ADDITIONAL
FUNDING AND YES THE COUNCIL HAS.
DONE A GOOD JOB OF- WORKING ON
BEST PRACTICES SO THAT EXIST
OTHER COURTS IN TERMS OF ARE
COMING UP WITH BEST PRACTICES AS
WELL AS OUR ALLOCATION
METHODOLOGY THAT- IT CONTINUES
TO IMPROVE. A SEEKS TO MAKE SURE
THAT THE THERE IS A FUNDING FOR
ALL OF THE COURTS THAT I THINK
CURRENTLY IT SAID SAID THE OUT
90% OF THE FUNDING FOR OF NEED.
WITH RESPECT TO EACH COURTS SO
WE'VE DONE A GOOD JOB TO MAKE
SURE THAT THAT THE FUNDING IS
BASED ON WORKLOAD AND BASED ON
WHAT YOU HAVE IN YOUR IN YOUR
COURT WITH RESPECT TO YOUR
OBLIGATIONS. IS NOW OF FOR MORE
EQUAL SO WE HAVE. DONE THAT
CONTINUE TO DO THAT AND CAN'T
WILL CONTINUE TO WORK ON THAT
AND MAKING SURE THAT THERE IS A-
FUNDING FOR SO THAT NO QUARTERS.
UP BELOW AT LEAST 90% OF NEED.
THANK YOU. SERVERS ARE ALSO
THANK YOU SIR I JUST GONNA JUMP
IN WITH THIS I KNOW IT WASN'T
SPECIFICALLY COVER HERE. TODAY
BUT- ONE VERY BIG CONCERN THAT
WE'VE ALL HAD. UP PRIOR TO
DURING ESPECIALLY DURING A
COVERT AND NOW. WE'RE SORT OF
ON. PINS AND NEEDLES HERE IS
ABOUT THE VIXENS. PUMP IS THERE
ANY INSIGHT YOU COULD GIVE US AS
TO. YOU KNOW WHAT WE'VE GONE
THROUGH I KNOW WE'VE HAD A LOT
OF PROTECTIONS. OFFERED TENANTS
OF TO STOP OR SLOW DOWN THE
EVICTIONS- BUT NOW WE'RE COMING
OUT OF THE COALBED AND- THIS WAS
A OF A BIG ISSUE WHEN IT CAME TO
THE BUDGET. WERE WE READY WERE
WE ABLE TO ADDRESS. WHAT COULD
BE A TSUNAMI BUT MAYBE IT'S NOT
WHAT WHAT DO YOU HAVE ANY SENSE
OF. WHERE WE MAY BE SO THAT WE
CAN BETTER PREPARE QUICK AND ARE
YOU REFERENCING WITH RESPECT TO
THE COURTS IN TERMS OF HOW
THEY'RE HANDLING IT THE INCREASE
IN THE AVENGERS FILINGS. AND YES
IT IS ON THE UPSWING WITH
RESPECT TO EVICTION CASES AN
EVICTION TRIALS UP BUT EACH
COURT IS WORKING THE BEST THEY
CAN WITH THE RESOURCES THAT THEY
HAVE TO REALLY WORK ON
RESOLUTIONS I THINK. AT LEAST
WITHIN MONTEREY COUNTY WE WERE
FORTUNATE TO BE ABLE TO HAVE A
MEDIATION CENTER- WHERE WE DO
SEND SOME OF THOSE- EVICTION
CASES FOR FOLKS TO GO HADN'T
MEDIATE. THAT WAS THE MANDATE
GESSNER TENNIS CENTER AND- YOU
KNOW AND SO WE'VE BEEN FORTUNATE
OTHER COURTS ARE ALSO WORKING ON
INNOVATIONS WITH RESPECT AND
MEDIATION FOR THOSE- EVICTION
CASES BUT I THINK. UP PRIMARILY
IS GETTING INFORMATION OUT TO
BOTH TENANTS AND- OWNERS OF
PROPERTIES FROM THE PERSPECTIVE
OF WHAT'S AVAILABLE TO THEM AND
WHAT CAN THEY DO AND WHAT ARE
THE RESOURCES AND MAKING SURE
THAT THEIR- LEGAL AID SERVICES
FOR THOSE FOLKS WHO CAN'T AFFORD
TO HIRE. THEIR OWN PARTICULAR
TURNING IN AND PLACES FOR PEOPLE
TO GO TO GET INFORMATION SO THAT
CASES ARE APPROPRIATELY FILED
THAT NEED TO BE FILED WITHIN THE
COURT AND ONCE THEY ARE FILED
WITHIN THE COURT. OF THE COURT
TO DOING THEIR BEST TO MAKE SURE
THAT THOSE CASES A MOVE THROUGH
THE SYSTEM QUICKLY BUT AS THEY
MOVE THROUGH THE SYSTEM QUICKLY
ALSO MAKING SURE THAT THERE ARE
THINGS IN PLACE. WHERE YOU CAN
TRY TO RESOLVE MATTERS A SHORT
OF THE TRIAL AND WORK TOWARDS
MEDIATION BUT IT IS MAKING SURE
THAT THE PUBLIC HAS THE- THE
APPROPRIATE INFORMATION IN TERMS
OF WHAT THEIR RIGHTS ARE. YOU
KNOW HOW CASES TO SHOULD PROCEED
AS WELL AS THE OWNERS IN TERMS
OF WHAT'S AVAILABLE. TO THEM IN
TERMS OF ALTERNATIVES. IN NO
FURTHER QUESTIONS OR COMMENTS-
JUDGE ANDERSON I DON'T GO VERY
FAR- WE'RE GONNA WE'RE GONNA
BITE THE NEXT PANEL TO APPROACH.
OUR NEXT PANEL CONSISTS OF
JUDGING ANDERSON- ALTHOUGH THE
JUDGES YOU YOU TOUCHED ON REMOTE
ACCESS BUT- WILL. IF YOU HAVE
ANYTHING ELSE TO ADD WEIGHT WE
WOULD WELCOME IT- THE SECOND
PRESENTERS JOHN COTTER PRESIDENT
OF CALIFORNIA DEFENSE COUNSEL.
THIRD MISTER GREG RIZZO-
PRESENTLY CONSUMER ATTORNEYS OF
CALIFORNIA FOURTH JANET WHO DOC.
VICE PRESIDENT OF THE WE CAN DO
THREE TIMES- I'M SORRY ALL RIGHT
. SO WHEN WE DO THIS LET'S START
WITH THE FIRST THREE AND THEN
WILL BRING UP THE NEXT THREE.
SUB JUDGE ANDERSON YOUR FIRST-
WHAT WOULD YOU LIKE TO ADD TO
YOUR PREVIOUS COMMENTS AND- AND
THANK YOU SO MUCH AS THEIR SET
AND GOOD MORNING AGAIN EVERYONE-
WITH RESPECT TO THE- REMOTE
ACCESS JUST A FEW THINGS IN
THERE. THE MORE ANECDOTAL.
INFORMATION WITH RESPECT TO THE
BENEFITS OF A- US REMOTE TO.
PROCEEDINGS AND REMOTE ACCESS TO
THE COURTS HAS DEMONSTRATED AND
CONTINUES TO DEMONSTRATE ITS
VALUE. AS THE COVERT NINETEEN
PANDEMIC REVEALED AT THAT IT WAS
CRUCIAL FOR CALIFORNIANS TO HAVE
A VARIETY OF WAYS OF ACCESSING
THE COURTS. THAT WE'VE BEEN ABLE
TO SEE MANY BENEFITS AND GIVING
PEOPLE THE OPTION TO PARTICIPATE
REMOTELY IN CIVIL PROCEEDINGS
FOR EXAMPLE REMOTE
PARTICIPATION. HELPS PRESERVE
ACCESS TO JUSTICE FOR MANY
CALIFORNIANS AND VULNERABLE
COURT USERS IT REDUCES TIME AND
EXPENSE FOR THEM WHEN THEY WOULD
OTHERWISE LOSE TIME FROM WORK IN
KERR TRAVEL EXPENSES. CHILDCARE
EXPENSES PARKING COST AGAIN
THESE ARE FOR SHORT HEARINGS IN
SHORT COURT APPEARANCES. IT ALSO
HELPS TO PRESERVE EQUAL ACCESS
TO JUSTICE AND COURT SERVICES BY
CONTINUING TO ALLOW COURTS THE
FLEXIBILITY TO HOLD IN PERSON
COURT PROCEEDINGS. WHEN IT'S
MORE APPROPRIATE ALSO GIVING
PEOPLE THE OPTION TO PARTICIPATE
REMOTELY HAS ALSO INCREASED
PARTICIPATION OF LITIGANTS
ATTORNEYS COURT PERSONNEL AND
OTHERS WHILE MAINTAINING AND
EXPANDING EFFICIENT AND
EFFECTIVE COURTROOM PROCEEDINGS.
AND FINALLY REMOTE CIVIL
PROCEEDINGS INCENTIVIZES COURTS
TO DEVELOP OR MAINTAIN
EFFICIENCIES AND REFINE
PRACTICES DESIGNED TO INCREASE
PARTICIPATION AND COURT
FUNCTIONS REMOTE ACCESS TO THE
COURTS CONTINUES TO BENEFIT
ESPECIALLY VULNERABLE
POPULATIONS. FOR EXAMPLE WE HAVE
SEEN BENEFITS IN PROCEEDINGS TO
DETERMINE COMPETENCE TO STAND
TRIAL AND NOT GUILTY BY REASON
OF INSANITY AND THOSE ARE YOUR
LPS CERTIFICATIONS AND JUVENILE
JUSTICE PROCEEDINGS. PATIENTS AT
THE DEPARTMENT OF STATE HOW.
HAVE BEEN ABLE TO MAINTAIN THEIR
CONTINUITY OF CARE. WHEN
PATIENTS MUST BE TRANSPORTED VIA
BUS FOR IN COURT PERSONAL
APPEARANCES AND THE FACILITIES
ARE TOO FAR FOR SAME DAY
TRANSPORTATION THAN THOSE
PATIENTS ARE HELD IN COUNTY
JAILS AND THIS IS NOT A
THERAPEUTIC SETTING. AT LEADING
TO THE COMPENSATION AND OTHER
TREATMENTS THAT BACKS SO REMOTE
ACCESS HAS BEEN BENEFICIAL THEIR
REMOTE ACCESS TO THE COURTS ALSO
MAINTAINS CONTINUITY OF CARE FOR
PATIENTS AND OTHER HOSPITAL
SETTINGS. INCLUDING ACUTE
PSYCHIATRIC FACILITIES AND IN
SUBSTANCE ABUSE FACILITIES
REMOTE PARTICIPATION ALSO
ENABLES INDIVIDUALS WITH SERIOUS
MENTAL ILLNESS AND OR SUBSTANCE
ABUSE DISORDERS WHO CANNOT LEAVE
THEIR FACILITIES DURING IN HOUSE
TREATMENT. THE ABILITY TO
PARTICIPATE IN THE PROCEEDINGS
FROM THAT FACILITY AND BECAUSE
BEHAVIORAL HEALTH EXPERTS ARE IN
SHORT SUPPLY REMOTE APPEARANCE
ENSURES CONTINUITY OF CARE. IF
CLINICIANS MUST ATTEND COURT
PROCEEDINGS IN PERSON THIS
IMPACTS OTHER STAFF AND PATIENT
CARE AS MUCH NEEDED SERVICES
CANNOT BE PROVIDED WHAT
CLINICIANS ARE AWAY. THE ABILITY
TO APPEAR REMOTELY HAS ALSO
BENEFIT PARTICIPANTS IN JUVENILE
JUSTICE PROCEEDINGS FOR EXAMPLE
THEY BE CAN BE VERY VERY HELPFUL
WHEN A MINOR LIVES AT GREAT
DISTANCE AWAY FROM THE
COURTHOUSE OR IS IN SCHOOL MAYBE
IN A PLACEMENT. AND TRAVELING
TAKES TIME AND EXPENSE. REMOTE
PARTICIPATION ALSO GREATLY
BENEFITS YOUTH WHO ARE SENSITIVE
TO CHANGE IN THEIR ENVIRONMENT
WHO STRUGGLE WITH HEALTH ISSUES.
AND ALLOWS PARTICIPATION OF
YOUTH WHO CANNOT APPEAR IN
PERSON DO THE INPATIENT FACILITY
RESTRICTIONS. FAMILY MEMBERS
HAVE ALSO BENEFITED BY AVOIDING
TAKING TIME OFF OF WORK- AND
RELATED TRAVEL COSTS TO ATTEND
HEARINGS. AND REMOTE BUT
PARTICIPATION ALLOWS JUSTICE
PARTNERS SUCH AS PROBATION
OFFICERS BEHAVIORAL HEALTH
EXPERTS AND OTHERS TO RESOLVE
CASES MORE EXPEDITIOUSLY. IN
JUVENILE JUSTICE PROCEEDINGS
REMOTE PROCEEDINGS ALSO SUPPORT
THE GOAL OF THE RECENTLY
REALIGNED OF OFFICE OF YOUTH AND
COMMUNITY RESTORATION. THE
ABILITY TO PRESERVE HIS TO PAY
IT REMOTELY PROMOTES A CONTINUUM
OF SERVICES FOR YOUTH THAT IS
TRAUMA RESPONSIVE CULTURALLY
INFORMED WHILE SUPPORTING
POSITIVE YOUTH DEVELOPMENT. AND
FINALLY AS NOTED IN MY PREVIOUS
TESTIMONY COURT USERS APPEAR TO
FEEL SIMILAR WITH RESPECT TO
BENEFITS OF REMOTE PARTICIPATION
AS 96% OF THEM IN A MARCH TO
OCTOBER SURVEY FOUND THAT THEY
HAD A POSITIVE EXPERIENCE. AND
AGAIN THANK YOU FOR THE
OPPORTUNITY TO BE ABLE TO
PRESENT TO YOU. THANK YOU THANK
YOU JUDGE ANDERSON OUT MR CARTER
. THANK MY NAME IS JOHN CARTER
I'M PRESS OF THE CALIFORNIA
DEFENSE COUNSEL I AM ALSO A
PRACTITIONER- MY FIRM IS DEEP
AND BROCK AND QATAR. I MAY SEVEN
ATTORNEY FIRM PRACTICE NORMAL UP
PRIMARILY IN NORTHERN CALIFORNIA
NORTHERN CALIFORNIA COUNTIES
FROM FRESNO TO THE BORDER- I
APPRECIATE THIS OPPORTUNITY
TODAY- ON REMOTE PROCEEDINGS I
WOULD TELL YOU. THAT I THINK THE
SUPERIOR COURTS HAVE DONE A
FABULOUS JOB- ADAPTING TO IT.
AND I SEE FOR CERTAIN
APPEARANCES I THINK IT IS
INCREDIBLY IMPORTANT TO KEEP
THIS GOING- CERTAIN PROCEDURES
I'LL GET TO THAT IN A SECOND-
BUT IT IS FOR WE SUPPORT THE-
SUNSET ON THE CODE OF CIVIL
PROCEDURE AND EXTENDING THIS-
ABILITY TO APPEAR REMOTELY. WE
HAVE NOT EXPERIENCED ANY BAND
WITH PROBLEMS- WE HAVEN'T HAD TO
HAVE ANY PROCEEDINGS TO BE RE
DONE. AND AGAIN THE SUPERIOR
COURT SEEMS TO HAVE DE ACTED SO
QUICKLY TO IT SOME OF OUR
MEMBERS WOULD LIKE TO SEE A
UNIFORM SYSTEM- PRIMARILY
THEY'RE USING ZOOM. AND IT IS
QUITE REMARKABLE TO COURTS YOU
SEE FIFTY SIXTY PEOPLE ONLINE
AND THEY ARE SWITCHING BETWEEN
APPEARANCES QUITE WELL. SO I'D
SAY OVERALL IT'S WORKED VERY
WELL. FOR CERTAIN THINGS NOW
THAT WE HAVE WHAT WE CALL CASE
MANAGEMENT CONFERENCES WE HAVE
CERTAIN JUST KIND OF CASE
MANAGEMENT TYPE THINGS THAT GO
ON IN THE REMOTE APPEARANCES ARE
PHENOMENAL FOR THAT. SAVES
LITIGANTS- ON DISTANCES OR EVEN
SHORT DISTANCES IT'S VERY COSTLY
FOR LITIGANTS. AND SO I THINK IT
IN THAT REGARDS IT'S BEEN VERY
GOOD AND ALSO KEEPING CARS OFF
THE ROAD SAYS A LOT OF GOOD
BENEFITS TO IT- THERE IS ONE
THING THAT- I WOULD SAY THAT- WE
WOULD BE VERY MUCH AGAINST WOULD
BE- THE- JURY TRIALS- A JURY
TRIAL SHOULD NOT BE REMOTE. THE
JURORS NEED TO BE PRESENT SHOULD
NOT BE FORCED ON ANYONE-
WITNESSES INCLUDING EXPERT
WITNESSES FOR PARTY DEMANDS IT-
THEY SHOULD NEED TO BE IN COURT.
THAT IS ONE OF THE HALLMARKS OF
OUR JUDICIAL SYSTEM- AN
ADVERSARIAL POSITION. OUR SYSTEM
AND OUR POSITION ON THIS IS ALSO
SUPPORTED BY THE AMERICAN BOARD
OF TRAVEL- TRIAL ADVOCATES WHICH
IS AN ORGANIZATION DEDICATED TO
THE INDEPENDENCE OF THE
JUDICIARY. AND THE EFFECTIVE
PRESENTATION OF CIVIL TRIALS- WE
FEEL IT'S VERY IMPORTANT THAT-
PICTURES BE ABLE TO BE OBSERVED
BY THE ATTORNEYS- IT'S VERY MUCH
IMPORTANT ALSO THE JURY
INSTRUCTIONS REQUIRE A JUROR TO
OBSERVE A WITNESS. AND SEE HOW
THEY PRESENT THEMSELVES WELL
THEY ARE TESTIFYING THERE'S TOO
MANY OPPORTUNITIES FOR
DISTRACTIONS AT HOME. AND DO A
MAINTAIN THE INTEGRITY OF THE
JURY TRIAL WE FEEL THOSE NEED TO
BE. DONE IN PERSON AS FAR AS A
LOT OF THE OTHER REMOTE
APPEARANCES- I THINK THAT IS
FINE TO CONTINUE WE WOULD
ENCOURAGE THE- STATE TO
CONTINUE. THE REMOTE APPEARANCES
WITH A COURT CASE MANAGEMENT
CONFERENCES SIMPLE SHORT
HEARINGS WHICH IS NOT NECESSARY
FOR PEOPLE TO BE IN PERSON. BUT
AT THE SAME TIME IF SOMEONE
WANTS TO COME UP AND SHOW UP IN
THE COURT ROOM I THINK THEY
SHOULD BE ALLOWED TO DO SO.
THANK YOU THANK YOU MISTER
CARTER MISTER ZERO. THANK YOU
CENTERS GOOD MORNING. MY NAME IS
GREG RESULT AM THE PRESIDENT OF
THE CONSUMER ATTORNEYS OF
CALIFORNIA AND I'M HERE TO
TESTIFY AND TELL YOU THAT REMOTE
REMOTE ACCESS APPEARANCE. WORKS
IT IS EFFICIENT WE HAVE NOT
EXPERIENCED ANY TECHNICAL
DIFFICULTIES WITH IT AND IT IS
THE PREFERRED METHOD OF BOTH OUR
MEMBERS. AND OUR CLIENTS WE
STRONGLY SUPPORT THE CONTINUED
USE OF IT. SHE DESCRIBED THE
EFFICIENCY OF IT IT PROBABLY
MAKES THE MOST SENSE TO DESCRIBE
FOR YOU WHAT AN APPEARANCE WAS
LIKE. PRIOR TO REMOTE. ACCESS
AND I'LL USE THE MINERS
COMPROMISE BECAUSE THAT IS A BUT
PARENTS THAT WE ALL MAKE. ALMOST
ON A ON A WEEKLY BASIS. OUR
CLIENTS IN THE ATTORNEYS TO GET
THE COURT WOULD HAVE TO BE THERE
AT EIGHT THIRTY. SO FROM THE
INLAND EMPIRE WHERE I PRACTICE
RIVERSIDE I WOULD HAVE TO LEAVE
BETWEEN SIX AND SIX FIFTEEN IN
THE MORNING TO MAKE A LOS
ANGELES EIGHT THIRTY OF PARENTS.
MY CLIENT ALSO WILL HAVE TO DO
THAT. WE GET ON CROWDED ROADS
WHICH ARE ALREADY TRAFFIC. AND
WE ARE ADDING TO THAT TO GET
THERE. WHEN WE GET TO COURT WE
GET TO STANDING CROWDED LINES AT
THE METAL DETECTORS. WE THEN GET
TO STAND CROWDED HALLWAYS TODAY
WE CALL THOSE EVENTS SUPER
SPREADERS. BUT THAT WASN'T THE
WAY IT WAS BEFORE. WHEN WE CHECK
IN THE ATTORNEYS KNOW IF IT IS A
LONG CALENDAR AND WE ARE. GOING
TO BE MORE THE NINE FIFTEEN TO
NINE THIRTY CALL. WE ALWAYS NOT
ALWAYS MOST OF THE TIME WE HAVE
AN APPEARANCE AFTERWARDS WE WILL
HAVE A DEPOSITION. SOMETIMES
THAT IS OF POLICE OFFICERS OR
FIREFIGHTERS OR PARAMEDICS. AND
IF WE ARE LATE WE ARE HOLDING
THEM BACK AND THEY ARE SITTING
THERE AFFECTING PUBLIC SAFETY
WHICH I KNOW IS PART OF THIS
HEARING. WE ALSO HAVE EXPERTS
SEEM VISITS IF WE'RE LATE OTHER
ATTORNEYS AND OUR CLIENTS HAVE
TO PAY FOR EXPERTS TO SIT THERE
AND DO NOTHING BECAUSE OUR
PARENTS WENT LATE. WE GOT OUT
LATE AND WE WOULD GET TO THIS
NEXT APPEARANCE LATE MAKING
EVERYONE ELSE DELAYED. QUICKLY
WHILE WE'RE TALKING ABOUT BEING
IN COURT I WOULD LIKE TO TALK
BECAUSE I KNOW THIS PANEL IS
ALSO GOING TO ADDRESS- CORE
TECHNOLOGY WITH COURT REPORTERS.
I WOULD LIKE TO SAY THAT THERE
HAS BEEN A LACK OF COURT
REPORTERS IN COURT FOR US. WE
ARE EXPERIENCING EXCESSIVE FEES
SOMETIMES FROM FIVE TO TEN
THOUSAND DOLLARS A DAY. AND THAT
IS MAKING IT DIFFICULT FOR US TO
TAKE CERTAIN CASES DENIED ACCESS
OF JUSTICE TO A LOT OF. CLIENTS
WHO ARE NOT IN THE CATASTROPHIC
CASES. LET'S LOOK AT THE COURT
APPEARANCE OF THE MINERS COMP
RIGHT FOR ME. WHY IT'S
PERSPECTIVE. HE PARENT HAS TO
TAKE A DAY OFF OF WORK HAS TO
GET UP AT SIX FIFTEEN. IF THEY
HAVE ANOTHER CHILD OTHER
CHILDREN. THEY HAVE TO FIGURE
OUT HOW MY GOING TO GET THAT
CHILD FED. CLOSE TO SCHOOL MANY
TIMES THEY HAVE TO HAVE A FAMILY
MEMBER COME OVER AND HELP MAKING
THAT FAMILY MEMBER TAKE A DAY
OFF WORK NOW WE HAVE TO
INDIVIDUALS TAKING DAYS OFF OF
WORK. OR A NEIGHBOR OR THEY HAVE
TO HIRE SOME CHILD CARE TO COME
HELP THEM GET THAT DONE. THEY
THEN GET ON THE FREEWAYS LIKE WE
DO ADDING TO PUBLIC SAFETY. THEY
HAVE TO PAY FOR THE GAS THEY
HAVE TO PAY FOR PARKING MANY
TIMES GOING TO COURTS THAT THEY
DON'T KNOW WHERE THEY ARE. THEY
STAND IN THE SAME LONG LINES.
EIGHT OF THE INJURED CHILD HAS
TO TAKE A DAY OFF OF SCHOOL WERE
MANY TIMES WITH THE REMOTE
ACCESS THEY ONLY MISSED ONE OR
TWO CLASSES. VIEW LOOKING FROM
THE INJURED CHILD'S PERSPECTIVE.
IT'S SCARY INTIMIDATING AND
EMBARRASSING FOR THEM. THEY GO
INTO A MINERS COMPROMISE HEARING
WHERE THERE IS A ROOM FULL OF
PEOPLE. WHO HAVE TO HEAR ABOUT
THEIR INJURIES AND THEY HAVE TO
SHOW THEIR SCARS TO THE JUDGE.
THIS IS INTIMIDATING FOR
CHILDREN. REMOTE ACCESS TOOK
THAT AWAY TOOK ALL OF THAT AWAY.
OUR CLIENTS AND OUR CHILDREN ARE
CLYDE WHOSE CHILDREN GET TO SIT
IN THEIR HOME. NEXT TO THEIR
PARENTS ON THE COUCH AND LOOKED
ONLY AT A JUDGE ON THE SCREEN.
LASTLY BEING FROM THE INLAND
EMPIRE I'D LIKE TO POINT OUT
THAT THERE WAS A- HORRIFIC SNOW
FALL LAST WEEK. AND MANY OF MY
CLIENTS ARE IN BIG BEAR LAKE
ARROWHEAD IF THEY HAVE TO COME
DOWN THE HILL THEY HAVE TO. DIG
THEMSELVES OUT GO THROUGH ICY
ROADS AND IT IS DANGEROUS AND
THE AMOUNT OF TIME. SO I WILL
CUT IT SHORT IT IS. WE STRONGLY
STRONGLY SUPPORTS. THE USE OF
REMOTE ACCESS AND ASK THE TO
CONTINUE. THANK YOU THANK YOU
MISS RESERVE SO WE'RE GONNA DO
IS WE'RE GOING TO ASK THE THREE
PANELISTS THEN TO STEP BACK.
WE'RE GONNA BRING ON THREE NEW
PANELISTS AND THEN WE'RE GOING
TO HAVE QUESTIONS AND COMMENTS
BY- COMMITTEE MEMBERS. SO ABOUT
ONE OBSERVATION IS I'M I'M
REALLY GLAD TO SEE DEFENSE
COUNSEL IN CONSUMER ATTORNEYS.
IN AGREEMENT IN THIS BODES WELL
FOR THE SESSION I ASSUME THAT
THIS WILL CONTINUE THROUGHOUT
THE YEAR. THAT'S GOOD- IT. ALL
RIGHT ALL RIGHT RIGHT BOTH YOU
THE JUDGE I'M GOING TO ASK BILL.
WHEN WE COME BACK A THE SURVEY
KNOW THAT THE JUDICIAL COUNCIL
CONDUCTED A VERY COMPREHENSIVE
SURVEY WITH RESPECT TO REMOTE
ACCESS. IN THE EMPIRIC DATA
GATHERED ITSELF WE THANK YOU ALL
RIGHT. SO LET'S ASK- MISTER
IGNITES YOUR NANDO'S- THE- OF
THE CALIFORNIA FEDERATION OF
INTERPRETERS- MICHELLE CALDWELL-
FROM THE CALIFORNIA COURT
REPORTERS ASSOCIATION AND- SEIU
LOCAL FIVE TWENTY ONE. AND MISLI
FERRON THE PROGRAM DIRECTOR FOR
ONE JUSTICE. SELF LET'S START
WITH YOU MR NANDO'S. THANKS YOU
ME THANK YOU MISTER. I THANK YOU
MADAM CHAIRMAN OF THE COMMITTEE.
IT'S NOT YOUR HERNANDEZ HERE ON
BEHALF OF THE- CALIFORNIA
FEDERATION OF INTERPRETERS WHICH
IS THE STATEWIDE UNION FOR COURT
INTERPRETERS IN CALIFORNIA- I
SHOULD ALSO JUST FULL DISCLOSURE
I THINK MANY OF YOU KNOW I ALSO
REPRESENT. THE CALIFORNIA
CORPERS ASSOCIATION THE
CALIFORNIA TERMS CANNELLA
JUSTICE- UNITED PUBLIC
EMPLOYEES- IN THIS SPACE SO- BUT
I'M ONLY SPEAKING ON BEHALF OF
THE INTERPRETERS IN THE STORE
THE INTERPRETERS PERSPECTIVE ON
THE ISSUE- TODAY- LET ME START
THIS WAY YOU KNOW INTEREST. IN
TRYING TO ADDRESS AND RESPOND TO
REMOTE. PROCEEDINGS REMOTE
INTERPRETING FOUR YEARS PRIOR TO
COPE IT- THERE IS BUT THERE WAS
A MOVEMENT AMONGST MANY COURTS.
TO PUT INTERPRETERS ON VIDEO AND
TO BE TRANSMITTED INTO
COURTROOMS AND SO THIS IS A
DISCUSSION THAT WE HAVE HAD FOR
A LONG LONG TIME. THERE ARE
PILOTS THAT WERE CONDUCTED-
PRIOR TO COVERT ON REMOTE
INTERPRETING AND THE FEEDBACK
WAS IF I REMEMBER CORRECTLY FROM
ONE JUDICIAL COUNCIL REPORT IT
WAS OVERWHELMING SUPPORT. FOR
REMOTE BUT WHEN YOU DUG INTO THE
NUMBERS 40% OF THE ACTUAL
INDIVIDUALS WHO RELIED ON
INTERPRETERS FELT AS IF THEY GOT
A LESSER- LEVEL OF JUSTICE BY
HAVING AN INTERPRETER REMOTELY.
SO IT'S SOMETHING TO KEEP IN
MIND THAT AN INDIVIDUAL WHO
SPEAKS A DIFFERENT LANGUAGE
OTHER THAN ENGLISH WEST RELY AN
INTERPRETER IS HAVING A VERY
DIFFERENT EXPERIENCE. IN
INTERPRETERS HAVE A VERY
DIFFERENT EXPERIENCE THAN MOST
OF THE CORE USERS AND MOST OF
THE COURT EMPLOYEES IN A
PROCEEDING. AND WE'VE WITNESSED
THIS. THERE HAVE BEEN AND I AND
THE REASON IS BECAUSE INTROVERTS
HAVE TO CAPTURE GET EVERY SINGLE
WORD EXACTLY THEY HAVE TO KNOW
WHAT IS BEING SAID BY WHOM AT
EVERY MOMENT IN A COURT
PROCEEDING. AND THEN HAVE TO
PROVIDE THAT INTERPRETATION TO
THE INDIVIDUAL. AS WELL AS
OFTENTIMES HAVE TO STOP
PROCEEDINGS IF THE INDIVIDUAL
CANNOT HEAR OR IF THERE'S NOT
BEEN A PROPER UNDERSTANDING WHAT
THE WORDS ARE. LET ME JUST STATE
THERE HAVE BEEN A LOT OF
PROBLEMS THAT INTERPRETERS HAVE
EXPERIENCED OVER THE LAST FEW
YEARS WITH REMOTE. IT HAS BEEN
TECHNOLOGY ISSUES. VOICES
DROPPING VIDEO DROPPING NOISE IN
THE BACKGROUND. WHEN SOMEONE
APPEARING REMOTELY- AS WELL AS
THE IN A- FOR THE PLATFORMS THAT
ARE BEING USED. TO ALLOW FOR THE
OPTION OF SIMULTANEOUS
INTERPRETATION OR- AND
CONSECUTIVE THAT IS A MAJOR
ISSUE FOR INTERPRETERS. AND
INTERFERES WITH THE ABILITY OF
IT OF LIMITED ENGLISH PROFICIENT
INDIVIDUALS TO UNDERSTAND WHAT
IS GOING ON IN THE COURTROOMS.
TOO MANY TIMES THE INTERPRETERS
HAVE BEEN TOLD BY JUDGES. DO
YOUR BEST JUST KEEP MOVING. THAT
IS NOT ACCEPTABLE. I'M
OFTENTIMES TALK ABOUT A GOLD
STANDARD. FOR INTERPRETING BUT
ARE AT THE C. FIVE PERSPECTIVE
IS THERE'S NOT A GOLD STANDARD
THERE'S A SINGLE STANDARD AND
THAT IS THAT THE INDIVIDUAL
INTERPRETER. AND THAT ANY
INDIVIDUAL WHO RELIES ON THE
INTERPRETER HAVE TO BE ABLE TO
COMMUNICATE. EFFECTIVELY THERE
HAS TO BE THE ABILITY TO HEAR
EVERY SINGLE WORD. AND EVERY
MOMENT FROM EVERY INDIVIDUAL AND
RIGHT NOW THEY'RE JUST TOO MANY
PROBLEMS. CAN BE ADDRESSED
ABSOLUTELY. YOU KNOW THERE ARE A
NUMBER OF THINGS THAT CAN BE
DONE ONE AS- THE TECHNOLOGY HAS
TO BE BETTER. THERE HAVE TO BE
THERE HAS TO BE VERY SPECIFIC
PROTOCOLS IN PLACE FOR
INTERPRETERS SPEAK UP WHEN
THERE'S A PROBLEM. THERE HAS TO
BE ABILITY TO STOP A PROCEEDING-
IF THERE IS A PROBLEM. AND WHEN
YOU CONSIDER ALL THE PROBLEMS
THAT THE ENTERPRISE HAVE
EXPERIENCED. AND THE BALANCING
IT OUT WE THINK IT PROBABLY
NEEDS TO BE LIMITED IT CAN'T BE
I THINK WE HEARD THE FIRST I WON
THE FIRST WITNESSES SPEAK ABOUT
CASE MANAGEMENT CONFERENCES. YOU
KNOW THAT'S BEEN IN PLACE COURT
CALL THEM BEING ABLE TO DO THAT
FOR EFFICIENCY. WHEN THERE'S
LESS AT STAKE. THEN WHEN THERE
ARE PROBLEMS IT'S A LITTLE BIT
MORE OF A BALANCE- SO LET ME BE
VERY CLEAR- AND JENNA WHO THAT
WAS SUPPOSED TO TESTIFY. IN THE
STATE FOR HER SHE SHE HAD
SOMETHING CAME UP FOR HER- LAST
NIGHT. SHE SAID ON THE WORKING
GROUP THAT MADE RECOMMENDATIONS
ON REMOTE. SHE DID NOT VOTE ON
IN SUPPORT OF A LOT OF THE
RECOMMENDATIONS. THE OFTENTIMES
OUT LOADED. AND OFTENTIMES FELT
AS IF. THE VOICE INTERPRETERS
WHILE HEARD. WASN'T ALWAYS
LISTEN TO. AND SO I THINK MOVING
FORWARD- WHATEVER WE DO WITH
REMOTE LET'S MAKE SURE THAT WE
HAVE TO LOOK AT IT VERY
DIFFERENTLY FOR THE INTERPRETER
AND ALSO FOR THE LIMITED.
ENGLISH PROFICIENT INDIVIDUAL
AND HOW THEY ARE EXPERIENCING A
COURT PROCEEDING. THANK YOU.
THANK YOU THANK YOU MR NANDO'S.
THIS CALL WILL. GOOD MORNING. MY
NAME IS MICHELLE CALDWELL I'M AN
SEIU MEMBER AND A MEMBER OF THE
BOARD OF DIRECTORS OF THE
CALIFORNIA COURT REPORTERS
ASSOCIATION. I'VE BEEN A COURT
REPORTER IN CALIFORNIA FOR
THIRTY THREE YEARS. AND THE LAST
TWENTY TWO OF THOSE HAVE BEEN
WITH THE SUPERIOR COURT IN SANTA
CLARA COUNTY. FIRST I WANT TO
THANK THE COMMITTEE FOR INVITING
ME TO SPEAK TODAY. AND MY
COMMENTS APPLY TO BOTH CIVIL AND
CRIMINAL PROCEEDINGS. WELL
SIMPLY PUT COURT REPORTERS ARE
THE GUARDIANS OF THE RECORD.
ESSENTIALLY WHERE THE COURTROOM
HISTORIANS IF THE REPORTER
DIDN'T HEAR IT IT'S GONE
FOREVER. A FLOOD HISTORY OF WHAT
ACTUALLY HAPPENED. AND AN
ACCURATE RECORD IS FUNDAMENTALLY
ESSENTIAL TO A FAIR JUSTICE
SYSTEM. DURING THE COVERED
NINETEEN PANDEMIC COURTS HAD NOT
NO CHOICE BUT TO INSTITUTE
REMOTE PROCEEDINGS. IN ORDER TO
PREVENT THE SYSTEM FROM COMING
TO A HALT. OVER THESE LAST THREE
YEARS WE'VE LEARNED WHAT IS
MINIMALLY REQUIRED FOR REMOTE
PROCEEDINGS. IN ORDER TO
PRESERVE THE INTEGRITY OF THE
RECORD AND WHAT JUST DOESN'T
WORK. THE SAME DISRUPTIONS THAT
INTERRUPT REMOTE MEETINGS OF
WHICH MOST OF US ARE FAMILIAR.
POOR INTERNET CONNECTIONS
MICROPHONE ISSUES OUTSIDE
DISTRACTIONS ALSO INTERRUPT
REMOTE COURT PROCEEDINGS. BUT
COURT REPORTERS ARE KEENLY AWARE
OF EVERY GLITCH INTERFERENCE AND
INTERRUPTION BECAUSE OUR JOBS IN
FACT OUR LICENSES. DEPEND ON IT
. WE LIVE BY THE SYLLABLE. AND
IF EACH OF US KNOWS A SINGLE
WORD CAN CHANGE LIVES. OUTCOMES
AND THE INTEGRITY INTEGRITY OF
THE RECORD. A WRONG OR
INCOMPLETE TRANSCRIPT DENIES
JUSTICE AND CAN STRIP A PERSON'S
LIBERTY. TRIAL COURTS WERE
PROVIDED WITH THIRTY THREE POINT
TWO MILLION DOLLARS FOR
TECHNOLOGY FOR REMOTE
PROCEEDINGS. UNFORTUNATELY MOST
OF NOT PROVIDE THE APPROPRIATE
TECHNOLOGY. NOW SANTA CLARA
COUNTY SUPERIOR COURT IS AN OUT
LIAR AND I'M FORTUNATE THAT MY
COURT HAS WORKED WITH REPORTERS
TO PROVIDE ADEQUATE EQUIPMENT
FOR REMOTE PROCEEDINGS. ANY
OTHER COURTS A FAILED TO EVEN
PROVIDE REPORTERS WITH
ESSENTIALS AND BASICS LIKE
REMOTE ACCESS SCREENS
MICROPHONES OR ADVOCATE ADEQUATE
SOUND SYSTEMS. BECAUSE OF THESE
FAILURES WHETHER INTENTIONAL OR
NOT REMOTE PROCEEDINGS THREATEN
THE LICENSES OF COURT REPORTERS
AND THE INTEGRITY OF THE RECORD
. WE CAN'T FULFILL OUR STATUTORY
OBLIGATIONS IF TECHNOLOGY
INTERFERES WITH OUR ABILITY TO
MAINTAIN THE OFFICIAL RECORD.
REMOTE PROCEEDINGS DEEPEN THE
DIVIDE BETWEEN THOSE WITH ACCESS
TO QUALITY TECHNOLOGY AND THOSE
WITHOUT. THOSE WHO HAVE AND
THOSE WHO HAVE NOT. MANY COURT
USERS DON'T HAVE PERSONAL
COMPUTERS ADEQUATE INTERNET
ACCESS OR PRIVATE SPACES TO
PARTICIPATED TO PARTICIPATE IN
PROCEEDINGS REMOTELY. THIS
INEQUITY THREATENS FAIRNESS AND
ACCESS TO JUSTICE FOR ALL
CALIFORNIANS. WE'RE ALL FAMILIAR
WITH GLITCHES AND INTERRUPTIONS
DURING REMOTE MEETINGS. BUT
DURING THE PANDEMIC MOST OF US
BECAME ACCUSTOMED TO THE
CONVENIENCE ANY INTERRUPTIONS
TO. BUT KEEP IN MIND WE AREN'T
HERE TO DISCUSS REMOTE MEETINGS
WE'RE HERE TO DISCUSS COURT
PROCEEDINGS THE FOUNDATION OF
OUR JUDICIAL SYSTEM. AND THE
LIFELONG IMPACTS ON CALIFORNIANS
WE AREN'T INTERESTED IN THE GIST
OF WHAT SOMEONE SAID IN A COURT
ROOM IT MUST BE VERBATIM. WHEN
IT COMES TO THE COURTS WE CAN'T
PRIORITIZE CONVENIENCE OVER
ACCESS TO JUSTICE AND JUSTICE
MUST PRIORITIZE FAIRNESS AND
ACCURACY AND NOT SIMPLY
CONVENIENCE. THANK YOU FOR YOUR
TIME. THANK YOU MISS CALDWELL
WAS FAIR AND- GOOD MORNING
SHARING COMMITTEE MEMBERS. MY
NAME IS LEE FERRAN I'M A PROGRAM
DIRECTOR AT ONE JUSTICE A
NONPROFIT ORGANIZATION
CALIFORNIA WORKING TO STRENGTHEN
THE LEGAL SERVICES SECTOR'S
EXPERTISE AND CAPACITY TO
ADVANCE JUSTICE AND EQUITY. WE
BELIEVE EQUAL ACCESS TO JUSTICE
IS A BASIC HUMAN RIGHT. WHEN
JUSTICE RECENTLY COMPLETED A
PROJECT FOR STAFF AND VOLUNTEERS
OBSERVED ALMOST FIVE HUNDRED
REMOTE COURT HEARINGS IN SEVEN
DIFFERENT COUNTIES URBAN
SUBURBAN AND RURAL. I WAS OUR
LESSONS LEARNED FROM THE COURT
WATCH PROJECT AS WELL AS INPUT
FROM ADVOCATES AT LEGAL SERVICES
ORGANIZATIONS ACROSS THE STATE
THAT HAVE PERSONAL EXPERIENCE
WITH OR HAVE OBSERVED REMOTE
COURT PROCEEDINGS IN THE
REPRESENTATION OF LOW INCOME
CALIFORNIANS. OVERALL THE REMOTE
HEARING OPTION HAS INCREASE THE
ABILITY OF LOW INCOME
CALIFORNIANS TO ACHIEVE ACCESS
TO JUSTICE. ADVOCATES HAVE
REPORTED HIGHER APPEARANCE RATES
BECAUSE LITIGANTS MISS LESS WORK
AVOID TRAVELING LONG DISTANCES
PARTICULARLY IN RURAL
COMMUNITIES. HOWEVER MANY LOW
INCOME CALIFORNIANS HAVE
STRUGGLED RESULTING IN STRESS
FRUSTRATION AND ULTIMATELY
ADVERSE CONSEQUENCES IN THEIR
LEGAL CASE. TECHNOLOGY ACCESS IS
THE PRIMARY CHALLENGE. BUT
CONTESTED HEARINGS AND OR WHEN
HOLLY NEGOTIATIONS ARE KEY TO
RESOLUTION OF THE CASE ALSO
CREATE CHALLENGES. THE FEW
RECOMMENDATIONS. THERE MUST BE
CONSISTENCY ACROSS THE STATE IF
POSSIBLE BUT AT LEAST WITHIN A
COUNTY COURT SYSTEM A SINGLE
VIDEO PLATFORM SHOULD BE USED.
EACH COUNTY COURT SYSTEM SHOULD
MAINTAIN A SINGLE PAGE ON THEIR
WEBSITE CLEARLY LINKED ON THE
HOMEPAGE AND IN A HANDOUT
PROVIDED BY CLICKS AND SELF
HELP. THAT INCLUDES INFORMATION
NEEDED TO ACCESS REMOTE
HEARINGS. IF A COURT ROOM HAS
ITS OWN STANDING ORDER IT MUST
NOT CONTRADICT THE THIS THE
COURT OR STATEWIDE PROCEDURE.
LITIGANTS SHOULD NOT HAVE TO
CALL THE COURTROOM TO KNOW HOW
TO ATTEND A HEARING. COURTS MUST
USE CLEAR STRAIGHTFORWARD AND
CONSISTENT PROCESSES FOR
REQUESTING REMOTE OR IN PERSON
HEARINGS. THE INFORMATION AND
THE FORMS MUST BE TRANSLATED
INTO MULTIPLE LANGUAGES. AND
MUST BE ACCESSIBLE TO ALL
REQUEST SHOULD BE ABLE TO BE
MADE THROUGH THE COURTS WEBSITE
OR THROUGH USE OF A PAPER FORM.
QUITE STAFF MUST BE TRAINED ON
HOW TO MANAGE REMOTE APPEARANCE
REQUESTS. THE VIDEO SOFTWARE
ITSELF AND HOW TO TROUBLESHOOT.
MULTIPLE ADVOCATES NOTED THEY OR
THEIR CLIENTS MISSED HEARINGS
BECAUSE THEY WERE NOT ADMITTED
TO THE HEARING EVEN WHEN THEY
LOGGED INAPPROPRIATELY. COURT
SHOULD ADMIT EVERYONE. SELF
REPRESENTED LITIGANTS MAY BE
UTILIZING TECHNOLOGY THAT
DOESN'T DISPLAY THEIR NAME AS IT
APPEARS IN THE COURSE IN THE
COURT DOCUMENTS. THERE MUST BE A
LIVE HELP PHONE NUMBER ANSWERED
BY A REAL PERSON IN REAL TIME.
WHO CAN TROUBLESHOOT WITH THE
LITIGANT NOTIFY A COURTROOM WITH
THEIR CONNECTION ISSUES. MANY
LITIGANTS ARE NOT TECH SAVVY AND
THE STRESS OF APPEARING IN COURT
CAN MAKE LITIGANTS LESS ABLE TO
HANDLE TECHNOLOGY CHALLENGES.
COURT SHOULD ALLOW ATTORNEY
CLIENT CONSULTATIONS AND MAYBE
EVEN INFORMAL SETTLEMENT
DISCUSSIONS TO OCCUR DURING THE
VIRTUAL HEARING. THROUGH A COURT
FACILITATED BREAKOUT ROOMS OF
THE PROCEEDINGS ARE MORE
EFFICIENT AND STREAMLINED.
COURTS ALLOW PUBLIC ACCESS TO
OTHERWISE OPEN REMOTE HEARINGS
THROUGH A LIVE BROADCAST. FUTURE
LITIGANTS MAY OBSERVE THE
HEARING INCREASING THE CHANCES
THAT THEY ARE HEARING WILL GO
SMOOTHLY. AND THE PUBLIC WILL
HAVE THE ACCESS TO THE COURTS
REQUIRED UNDER THE FIRST
AMENDMENT AND COMMON LAW. SOME
COURTS ARE DOING THIS NOW THAT
ALL COURTS MUST MAKE THIS
AVAILABLE. I'D OF STATE
WITNESSES WHO APPEAR REMOTELY
SHOULD BE REQUIRED TO PAY
REMOTELY WITHIN OUR STATE. AT
THE VERY LEAST- SECTIONAL
REQUIREMENTS MUST BE UPHELD.
COURSE MUST ALLOW LITIGANTS WAYS
TO SUBMIT DOCUMENTS TO THE COURT
EITHER AHEAD OF THE HEARING
DURING THE HEARING
ELECTRONICALLY OR OTHERWISE.
COURT SHOULD NOT REQUIRE
EVIDENCE TO BE SUBMITTED
ELECTRONICALLY BUT IF AN
ELECTRONIC IF AN ELECTRONIC
PROCESSES IMPLEMENTED. COURTS
MUST PROVIDE ASSISTANCE WITH
COMBINING SCANNING AND UPLOADING
DOCUMENTS TO THE COURT- MANY
CHALLENGES WITH INTERPRETATION
AS MY COLLEAGUE HAS. IDENTIFIED
IDEALLY THE INTERPRETER WOULD
SPEAK DIRECTLY WITH THE LITIGANT
TO SIMULTANEOUSLY INTERPRET
DURING THE PRECEDING. THIS
ALLEVIATES ISSUES ADVOCATES
REPORTED WERE INTERPRETATION WAS
SPOTTY AT BEST NOT BECAUSE OF
THE INTERPRETER'S FAULT- BUT
BECAUSE OF TECHNICAL ISSUES AND
INTERPRET FOR INSTANCE AN
INTERPRETER ONLY INTERPRETED THE
JUDGE AND THE LITIGANT NOT
OPPOSING COUNSEL. SO THAT THE
LITIGANT WAS UNABLE TO
MEANINGFULLY PARTICIPATE IN THE
HEARING. COURTS MUST WORK WITH
LOCAL LIBRARIES AND COMMUNITY
CENTERS TO PROVIDE TRAININGS ON
REMOTE APPEARANCES AND PROVIDE
SPACE FOR LITIGANTS APPEARING
REMOTELY. MANY LEGAL SERVICES
ORGANIZATION SET UP REMOTE COURT
APPEARANCE TOOL KITS AND ARE
CREATED SPACE IN THEIR OFFICES
FOR CLIENTS TO APPEAR REMOTELY.
COURTS AND COMMUNITY PARTNERS
CAN PROVIDE SIMILAR PRIVATE
REMOTE APPEARANCE TERMINALS. I
APPRECIATE THE OPPORTUNITY TO
SHARE THE CHALLENGES LOW INCOME
CALIFORNIANS AND THEIR ADVOCATES
FACE WITH REMOTE HEARINGS. AS
WELL AS THE OPPORTUNITIES THAT
WE HAVE TO IMPROVE THE PROCESS
AND I LOOK FORWARD TO FURTHER
DISCUSSION THANK YOU. THANK YOU
MR- I KNOW SENATOR WILL HOP IN
SENATOR WIENER- HAD QUESTIONS
AND COMMENTS SO WILL NOW TURN TO
THE PANEL SENATE WILL HOP. THANK
YOU. I THANK YOU GUYS FOR YOUR I
GUESS TESTIMONY- I DID HAVE A
COUPLE QUESTIONS. IN PARTICULAR-
WITH. MISS CALDWELL OUT HOW CAN
WE HELP IN REGARDS TO YOUR
PARTICULAR POSITION- FROM WHAT I
UNDERSTAND IS THAT A LOT OF
COURT REPORTERS ARE ALSO VERY
SCARED OF LOSING THEIR JOB IF
THE- MISCALCULATE A WORD OR
ASSUME- WHAT THEY'VE HEARD
NUMBER ONE- AND AT THE SAME TIME
YOU KNOW WHAT DO YOU THINK THAT.
IS NEEDED TO ENSURE THAT ONE
NOBODY LOSES THEIR JOB BUT THEN
EVERY WORD IS DOCUMENTED. THANK
YOU FOR THE QUESTION- I THINK IT
BASICALLY COMES DOWN TO
TECHNOLOGY- WE ARE SEEING
PLATFORMS ACROSS THE STATE THAT
ARE NOT UNIFORM. THERE IS NO
STANDARD IN THE COURTROOM WHEN
IT COMES TO REMOTE. REMOTE
APPEARANCES ATTORNEYS ARE
APPEARING. ON A CONSTRUCTION
SITE IN BED- AN EXPERT WITNESS
GETTING ON AN AIRPLANE THERE'S
NO STANDARD AND THERE'S NO
PROTOCOL. SO ALL THOSE OUTSIDE
INTERFERENCES- AND NOBODY TAKING
CONTROL OF AN ENVIRONMENT IS
REALLY. FUNDAMENTAL AND IT COMES
DOWN TO TECHNOLOGY WE'RE ALL
OVER THE PLACE LITIGANTS CIRQUE-
COMING IN VIA TETHERED CELL
PHONE INTERNET ACCESS AND SO
THERE'S NO STANDARD. THAT'S
WHERE I THINK OUR FUNDAMENTAL
PROBLEM LIES. OKAY AND THEN-
MISTREAT NASI- AND I APOLOGIZE I
DIDN'T CATCH YOUR LAST NAME- HI-
I DID WANT TO ASK IN REGARDS TO
DEVIANT FAMILY LAW- THE OPTION
FOR ELECTRONIC RECORDINGS- I
BELIEVE ALSO THE TRANSLATION SO-
I'M THE DAUGHTER OF IMMIGRANTS
RATE AND OFTEN TIMES IT IS YOUNG
PEOPLE WHO GO IN WITH THEIR
PARENTS TO HELP TRANSLATE
ESPECIALLY FOR. MORE OBSCURE
LANGUAGES RATE- AND- IT TO
PROVIDE A- WITH THE INTERPRETER-
IT OFTEN TAKES A SIGNIFICANT
AMOUNT OF TIME THAT THAT
INTERPRETER MAY NOT BE ABLE TO
SHOW UP WHEN IT IS REQUIRED- THE
COST IS YOU KNOW THREE THOUSAND
TO FIVE THOUSAND DOLLARS IF THE
INDIVIDUAL FAMILY HAS TO PROVIDE
ONE FOR THEIR PARTICULAR
LANGUAGE- WHAT. WHAT DO YOU
THINK NEEDS TO HAPPEN
SPECIFICALLY TO ALLOW FOR
ELECTRONIC RECORDINGS IN
INTERPRETATION THERE ARE BROADER
KNOWLEDGE FOR EXAMPLE IN
HOSPITALS THERE'S A NUMBER THAT
CAN BE CALLED THAT INTERPRETS-
FOR THE DOCTOR THE NURSE OR
WHOEVER- ANY SUGGESTIONS ANY
THOUGHTS AROUND ON. THANK YOU
FOR THE QUESTION MIGHT TAKE ME
ABOUT HALF HOUR TO ANSWER THAT
BECAUSE I LOVE THESE QUESTIONS
IN BATON ABOUT THESE ISSUES FOR
A LONG TIME- LET ME JUST ANSWER
THIS WAY- YOU KNOW. IT THERE WAS
A LANGUAGE ACCESS PLAN IS PUT
TOGETHER BY BY THE JUDICIAL
COUNCIL THAT THAT PASSED ALL OF
THESE QUESTIONS IN PARTICULAR
WHAT HAPPENS WHEN THERE'S AN
INDIVIDUAL WHO SPEAKS THE
LANGUAGE OF LESSER DIFFUSION
THINGS WITH THE TERM THAT THEY
USE. AND THE I COULD TELL YOU
THAT THE UNION FOR INTERPRETERS
HAS ALWAYS SAID FOR YEARS THAT
WE SHOULD CREATE PROTOCOLS FOR
REMOTE. INTERPRETING FOR THOSE
LANGUAGES A LESSER FUSION WHEN A
COURT CANNOT PREPARE AHEAD OF
TIME. AND THAT HAPPENS ALL THE
TIME WHEN I PRACTICED I HAD CASE
WHERE I COULD SETTLES COME OKAY
SECOND SETTLED IF YOU COULD JUST
GET INTERPRETER IN THERE. WE TO
KEEP CONTINUING THE CASE- SO
THERE MAY BE WAYS TO DO THAT-
AND PLAN THAT OUT- THE CHALLENGE
IS- WHAT YOU DESCRIBED AS HAVING
A CHILD OR FAMILY MEMBER BUT
THAT'S EXACTLY SEE THAT WE'RE
TRYING TO AVOID- ME AND THAT IS
SOMETHING WHERE BACK IN TWO
THOUSAND AND TWO. ON THIS
LEGISLATURE ADOPTED THE
CALIFORNIA CORRECT SPECIFICALLY
TO- CREATE A AN EMPLOYEE WORK
FORCE. SO THAT WE DIDN'T HAVE AN
ISSUE HAVING TO RELY ON
INDEPENDENT CONTRACTORS WHO
COULDN'T. WIN ALWAYS BE THERE IN
THE COURT COURTHOUSE. AND SO WE
STARTED HIRING MORE COURT
EMPLOYEES AS INTERPRETERS THEY
CAN ALWAYS BE AVAILABLE MOVED
FROM DEPARTMENT TO DEPARTMENT. I
CAN TELL YOU WHAT'S HAPPENED
WITH INTERPRETERS AT OVER THE
LAST FIVE YEARS AND I'VE HAD
DISCUSSIONS OF THE OTHERS ABOUT
THIS. THERE'S BEEN AN INCREASE
IN THE IN THE INDEPENDENT
CONTRACTORS. AND I'M NOT JUST
SPEAKING OF LANGUAGE LESSER
DIFFUSION IT'S BEEN A MAJOR
LANGUAGES FOR THOSE COUNTIES
WHICH IS CREATED ACCESS ISSUES-
AND AS- AS WE ENDED UP. RELYING
ON INDIVIDUALS OR FAMILY MEMBERS
WERE NOT CERTIFIED PROBABLY
SHOULDN'T BE INTERPRETING FOR A
FAMILY LAW MATTER. BECAUSE OF
THE YOU KNOW THE IMPACTS ON WE
GO ON AND ON. SO THE SHOULD
THERE SHOULD BE ANSWER WHAT WE
DO IS ONE THE LEGISLATURE
ALLOCATED TO BELIEVE IS THIRTY
MILLION DOLLARS. ON TO HIRE NEW
INTERPRETERS IN. IN COURTROOMS
EMPLOYEES VERY LITTLE OF THAT
MONEY HAS BEEN SPENT OVER THE
LAST TWO YEARS VERY LITTLE AND
WE NEED TO LOOK AT THAT AND SEE
WHAT WE NEED TO DO. I THINK TWO
IS IF WE CAN INCREASE THE
EMPLOYEE. WORK FORCE THAT WE
HAVE MORE INTERPRETERS AVAILABLE
. IN COURT ALL THE TIME- THAT
CAN BE UTILIZED- ANYTHING IF
YOU'RE GONNA DO REMOTELY SHOULD
BE. WE HAVE BEEN SAYING. FOR
YEARS- YOU DO IT FOR THOSE
COUNTIES THAT MAY NOT HAVE AN
INTERPRETER IN THAT PARTICULAR
LANGUAGE. IN THAT EXACT
SITUATION WHERE THEY CAN PREPARE
AHEAD OF TIME TO HAPPEN TO PER
THEN YOU DO WE MELT. WHAT
THEY'RE TALKING ABOUT HERE IS TO
DO IT FOR SPANISH. I NEED YOU
KNOW REGULAR LAND YOU KNOW
REGULAR YOU KNOW COURT PARENTS
OR- WHATEVER IT IS. THAT IS NOT
HELPING THAT LIMITED ENGLISH.
PROFICIENT INDIVIDUAL THE ONE
THING I SHOULD ALSO MENTION THAT
THERE HAS TO BE COMMUNICATION.
BETWEEN THE ATTORNEYS AND THE
INDIVIDUALS. IN OFTENTIMES
INTERPRETERS. WHEN THE REMOTE.
ONE OF THE PARTY'S ATTORNEYS
WROTE IT'S VERY. VERY
CHALLENGING TO BE ABLE TO BUY
THE INTERPRETER SERVICES-
BETWEEN THE ATTORNEY IN THE
INDIVIDUAL AND THE INTERPRETER-
WHEN THEY'RE- ONE OF THEM IS
REMOTE. SO THAT ALSO TO BE
DRESSED SO- THE LAST HALF OF THE
PANEL- THAT WAS HERE I'D IT
SEEMED. ALMOST ON THE SAME PAGE
IN REGARDS TO TECHNOLOGY HAS
HELPED SIGNIFICANTLY AND SO
FORTH- I'M A BIG TECH ENTHUSIAST
MYSELF- BUT ONE OF THE CONCERNS
THAT I HAVE IS THAT. IT TO SAY
THAT NO TECH MISHAPS HAPPEN- IS
YOU. I THINK LARGELY UNFAIR I
THINK WE YOU KNOW WE SIT IN
MEETINGS WHERE PEOPLE ARE MUTED
AND- YOU KNOW THAT THE CALL GETS
DROPPED AND SO FORTH SO TO SAY
THAT IT'S BEEN SMOOTH SAILING
FOR SEVERAL YEARS- CONSIDERING
THAT WE ALSO HAVE A DIGITAL
DIVIDE. NOT ONLY YOU KNOW I
REPRESENT IN THE BAY AREA- IN
OUR BAY AREA WE HAVE A DIGITAL
DIVIDE LET ALONE THE REST OF
CALIFORNIA- SHOULD THERE BE A
STANDARD OR SOME TYPE OF
SUPPORT. TO ALLOW INDIVIDUALS
EVEN ADAM MORE LOCAL LEVEL OR
THE QUALITY. OF THEIR TECHNOLOGY
SUPPORT YOU KNOW- SO WE'RE WE'RE
TALKING ABOUT UTILIZING ZOOM A
LOT OF THE TIMES BUT YOU KNOW
PEOPLE ALSO DON'T HAVE LAPTOPS
THEY DON'T HAVE. STRONG WHY FIRE
BROADBAND THEY DO NOT HAVE ON
THE APPLICATIONS THEY DON'T EVEN
UNDERSTAND THE APPLICATIONS.
THAT THEY NEED TO BE ABLE TO
PARTICIPATE- ANY THOUGHTS IN
REGARD IT'S TO THIS. SPECIFIC IS
THAT ALL OF US ARE JUST. AND WHO
LAW TO ANSWER OKAY. ANSWER FOR
THE SEMI CLIENTS TOO BUT- FOR IN
FRONT. FOR YES I MEAN I THINK
PICKED. THAT IT HAS BEEN A
PROBLEM THERE'VE BEEN ON. JUST
COUNTLESS EXAMPLES OF THE
TECHNOLOGIES FAILED BECAUSE OF
THAT THE INDIVIDUALS THAT ARE-
REMOTING IN. IT VARIES WIDELY
THE TOP TECHNOLOGY THAT THEY
HAVE AND THAT. I DON'T KNOW HOW
DO CONTROLLED AFTER WAYS THAT
MAYBE WE CAN DO THAT- I CAN
MENTION I'LL MENTION THIS ON IF
IT'S HELPFUL OR NOT THERE WAS A-
PILOT PROJECT TO BELIEVE IN
FRESNO- TO HAVE REMOTE
APPEARANCES. BELIEVING TRAFFIC
CASES AND WHAT THEY DID IS
CREATE A CENTRAL- I THINK WAS AT
CITY HALL THEY CREATED A ROOMS.
SO THAT THERE WOULD NOT BE
TECHNOLOGY ISSUES AND PEOPLE TO
GO THERE AND IT WAS A SHORTER
COMMUTE FOR PEOPLE LIVED IN THE
THAT AREA. THAT HAPPENED BECAUSE
THE OTHER SIDE THE COUNTY- WE
ALSO ENSURE THAT INTERPRET WAS
PHYSICALLY NEXT TO THE
INDIVIDUAL BECAUSE THAT IS THE
STANDARD- BUT THAT WAS THE WAY
TO CONTROL THE TECHNOLOGY.
EXTERNALLY SO. I'M NOT SURE HOW
YOU DO THAT FOR EVERY QUARTER.
PERRANCE INTERNALLY YES THERE
NEEDS TO BE GREATER YOU KNOW BUT
INVESTMENT IN THE TECHNOLOGY AND
STANDARD TO MAKE SURE THAT IT
WORKS. AND ALSO TECHNOLOGY FOR
THE INTERPRETER HE QUIT MEANT
THAT THEY USE. THAT HAS ALSO
BEEN LACKING AS WELL. THANK YOU
CENTER WHAT THERE WIENER. THESE
ARE. THANK YOU- MISTER CHAIR- SO
I DON'T HAVE. AS MUCH SIX.
NEARLY AS MUCH EXPERIENCE- AS AN
ATTORNEY AS THE CHAIR OF SAW-
DECIDE YOU COULD CREATE
CREDIBLE. I'M GETTING UP THERE
IF YOU COULD BUDGETARY. THAT
INCREDIBLE BREADTH AND DEPTH OF
A PRACTICE WHICH IS VERY
IMPRESSIVE BUT I DID PRACTICE
LAW FOR FIFTEEN ALMOST FIFTEEN
YEARS- IN MY PRIOR LIFE BEFORE I
WAS ELECTED TO THE BOARD
SUPERVISORS- AND I. I CONDUCTED
A FIFTEEN JURY TRIALS SOME OF
THEM VERY LENGTHY ONES AND
PROBABLY TOOK A DEFENDANT MORE
THAN A THOUSAND A DEPOSITION
THAT'S JUST A- BALLPARK ESTIMATE
I HAVE NO WAY OF ACTION ON BUT
IT WAS- I WHEN I GOT ELECTED
OFFICE I WAS. I WAS VERY HAPPY
NEVER HOPEFULLY PERHAPS NEVER TO
HAVE TO TAKE A DEFENDER POSITION
AGAIN- SO I HAVE SOME OF THE
EXPERIENCE I DID NOT PRACTICE
DURING COVERT SO I'M NOT GOING
TO PASS MYSELF OFF AS AN EXPERT.
ON REMOTE DEPOSITIONS ARE NO
COURT PROCEEDINGS BUT BUT I DO
HAVE. SOME PERSPECTIVE ON THIS
AND I'VE HAD SOME- ROBUST
CONVERSATIONS WITH- MANY FRIENDS
LAWYERS JUDGES IN SAN FRANCISCO
I KNOW THERE IS- CERTAINLY- A
SIGNIFICANT RESISTANCE BY SOME
JUDGES. AND LAWYERS TO HAVE TO
GO IN THE QUARTER HAVE TO BE
PHYSICALLY TOGETHER- FOR
DEPOSITIONS LIKE IN THE
CALIFORNIA SUPREME COURT. JUST
RECENTLY STARTED TO OCCASIONALLY
HERE'S SOME CASES LIVE WHICH I'D
I DON'T AGREE WITH THAT BUT THAT
THEIR INDEPENDENCE KHOEKHOE
BRANCH THEY'RE GONNA MAKE
WHATEVER DECISIONS ARE GOING TO
MAKE- I WILL SAY THAT I HAVE.
SIGNIFICANT CONCERNS WHAT WHAT
WITH BROAD BASED DEFAULT REMOTE
PROCEEDINGS. I'VE I'VE NO NO
PROBLEM WHATSOEVER I MEAN WHAT
ONE THING COMING OUT OF COLLUDED
WHEN I DO THIS. TERMS OF HOW WE
WORK TO DO MEETINGS. WHAT IT
IT'S GREAT THAT WE NOW SORT OF A
KNOW HOW TO DO THINGS REMOTELY
WHEN WE NEED TO WHEN THERE'S AN
ISSUE. WHEN IT WHEN IT WOULD BE
VALUABLE THAT IS FANTASTIC WE'VE
LEARNED HOW TO DO THAT DOT DOT
THAT'S TO THE BENEFIT. OF
SOCIETY IN SO MANY DIFFERENT
RESPECTS- BUT- I THINK GOTTEN
HAVING IT AS A BRA BASE TO. I
PERSONALLY THINK- IT GOES FAR.
I'M I THINK IT'S GREAT FOR. LIKE
YOU KNOW- SERVICE SMALLER AND
PULLING KIND OF PERCY. NOT FOR
EVERYONE CONS. COME INTO CORE.
FROM LIKE MINE MATTER SHOULD
HAVE TO GO ON THE COURT WHEN
YOU'RE WHEN YOU'RE DOING IT UP.
FOR AN OVERLY READ FOR YOU HOT
OR FOR CERTAIN KIND OF KEYS MY-
COMP. MAKES THE SENSE IN THE
WORLD. I LIVE I THINK IT MAKES
SENSE TO HAVE FLEXIBILITY FOR
ESPECIALLY FOR GEOGRAPHIC AREAS
OR WEATHER RELATED ISSUES ARE
PEOPLE WORTH A REALLY
FUNDAMENTAL HARDSHIP. I HAVE NO
PROBLEM GIVING COURTS HAVING
COURTS HAVE FLEXIBILITY- TO BE
ABLE TO AS NEEDED. BUT I THINK
GOING TO A BROAD BASED DEFAULT
THIS IS HOW OUR JUSTICE SYSTEM
IS GONNA. WORK AND A BAG THE
EXCEPTION IS GOING TO BE WHEN WE
FORCE PEOPLE TO SHOW UP. I THINK
THAT. IN MY VIEW THE GRADES ARE
ABOUT OUR CIVIL AND OR CRIMINAL-
ADJUSTED SYSTEMS- WE- AND I
UNDERSCORE THANK YOU YOU. YOU
YOU STATED SO MUCH MORE
ELOQUENTLY AND COMPREHENSIVELY
THE I EVER COULD BUT WE- HAVE
ALL I MEAN I LIKE IT'S- FOR ME
TO EVEN READ. A TIME WHEN WE
HAVE OR IN. HAVING A MEETING ON
JUNE. WHAT REMOTE METER WHERE
THERE WAS SOME SORT OF PROBLEM
AT SOME POINT WHERE SOMEONE
DIDN'T CUT OUT AT SOME POINT
WHERE SOMEONE. HAD BAD WIFI WHEN
SOMEONE HAD LIKE THEIR NEIGHBOR
WAS DOING CONSTRUCTION- I'VE HAD
THAT WHEN I YOU KNOW WHAT WHEN
ALSO EUROPE THERE'S NEIGHBORS
DOING CONSTRUCTION AND SO YOU
HAVE TO APOLOGIZE TO EVERYONE.
AND THEY CAN'T HEAR YOU OR OR
THE INTERNET CONNECTIONS
AGGRESSIVE TO TURN OFF YOUR
VIDEO BECAUSE THE ONLY WAY
YOU'RE GOING TO BE. GOING TO BE
HEARD. AND WE ALL KNOW. THAT WE
HONOR WHAT WE DO P. PEOPLE TAKE
MEETINGS AND IN APPROPRIATE.
LOCATIONS WHETHER IT'S WALKING
DOWN THE STREET OR OR OR I GUESS
MAYBE FROM BAD OR- OR FROM OR OR
OR WHATEVER WE ALL DO WE ARE.
EVERY SINGLE ONE OF US. IS
GUILTY OF DOING THAT- AND I'VE
TRIED TO BE MORE MINDFUL ABOUT
THAT BUT WE ALL DO IT BECAUSE
THAT'S THAT'S HOW REMOTE TENS OF
WORK BUT I CAN I CAN DO IT FROM
ANYWHERE I CAN DO FOR MY CAR.
YOU'RE FROM ANYWHERE- AND DOT IT
IT YOU KNOW AND IT. AND IT'S A
PROBLEM AND THAT AND IT IT WE
ALSO KNOW- DIET- YOU KNOW THE
SOUND NOT EVEN YOU HAVE. BACK I
MEAN THIS IS WHY. WE NO LONGER
IN THE SENATE ALLOW REMOTE LEAVE
WITNESSES. WE ELIMINATED THAT. I
DO AS AN ARGUMENT TO HAVE SOME
FLEXIBILITY IF YOU HAVE A LEAD
WITNESS FROM THE EAST COAST OR
WHATEVER BUT BUT WE'LL LAMINATED
IT BECAUSE I'M NOT. EVEN FOR
ELIMINATE I REMEMBER TELLING MY
STAFF WE SHOULD DO EVERYTHING WE
CAN. NOT TO HAVE LEAVE WITNESSES
BE REMOTE BECAUSE- PEOPLE PAY
LESS ATTENTION. WHEN THAT WHEN
THE PERSON IS A PHYSICALLY
THERE. THEY'RE ALWAYS SOUND
ISSUES EVEN IF THE INTERNET
CONNECTIONS BUT IT'S JUST NOT AS
GOOD SOUND QUALITY. AND WE TALK
ABOUT. LAWYERS OR JURORS OR
JUDGES EVALUATING THE DEMEANOR.
OF WITNESSES. I'M SORRY THAT
THAT DOES NOT WORK IT'S A
DIFFERENT SCALE WHEN YOU'RE WHEN
YOU'RE DOING THAT- THROUGH ZOOM-
YOU KNOW IT. JURORS HAVE TO BE
ABLE TO SEE AND HEAR AND REALLY
ASSESS THE CREDIBILITY. OF
WITNESSES JUDGES TO- ATTORNEYS.
AS WELL WHEN YOU'RE TAKING OR
DEFENDING A DEPOSITION- YOU KNOW
YOU KNOW IF IT'S A- BUT- I
THINK. IT'S JUST A DIFFERENT.
QUALITY AND SO I AGAIN I'M NOT
HERE TO SELL. CATEGORICALLY
AGAINST ALL REMOTE-
PRECIPITATION FOR. BOTH
DEPOSITIONS AND- AND COURTS AND
I DON'T PUT YOUR IT'S HITTING
SOME MY FRIENDS ON THE BENCH AND
THE BAR BY MAKING THESE
COMMENTS. BUT I THINK IT WOULD
BE A MISTAKE FOR OUR JUSTICE
SYSTEM TO MAKE THIS TO THE FALL
AND TO MAKE IT INCREDIBLY- BROAD
BASED I JUST WANT TO EXPRESS
THAT- AND I KNOW THIS IS A TOUGH
ISSUE IN THIS A LOT EQUITIES
HERE- AND- I. APPRECIATE YOU
COMING OUT. OTHER BY THE WAY
THIS IS FOR THE PAN AS WELL- AND
I KNOW WE CAN'T HELP ALL. SIX OF
YOU APPROACH BUT IF I COULD ASK
BUT THAT UP. MISTER QADER ALL
JUDGE ANDERSON AND MR RIZZI- IF
YOU'D IT LEAST MAKE YOURSELVES
AVAILABLE IF YOU HAVE ANYTHING
YOU WANT TO ADD. WE WOULD
WELCOME IT- SENATOR RUSSELL THE
- YES THANK YOU- A COUPLE OF MY
QUESTIONS HAVE TO DO WITH. THE
FUNDING THAT WAS MENTIONED HERE
BECAUSE- I'VE- CHAIRED THE SOME
FIVE SENTENCE OF FIVE IN OVER A
JUDICIAL. SYSTEM AND- SOME
ISSUES WERE BROUGHT UP ABOUT
FUNDING THAT WAS- PROVIDED FOR
REMOTE TECHNOLOGY EQUIPMENT AND
SO MY QUESTION IS- WHAT
EQUIPMENT OF. ARE THE COURTS
UTILIZING FOR REMOTE PROCEED INS
AND I THINK THAT WAS SOMEWHERE
IN THE RANGE OF THIRTY THREE
MILLION DOLLARS WAS PROVIDED-
WHAT EQUIPMENT HAS BEEN
PROVIDED- AND I UNDERSTAND NOT
ALL THE COURTS. HAVE THE- THE
EQUIPMENT SAYS THE MONEY WAS
PROVIDED FOR THAT ESPECIALLY
DURING THE COVERT I WOULD REALLY
LIKE TO- NO MAYBE JUDGE ANDERSON
AND OTHERS WHO HAVE EXPERIENCE
IN THE DIFFERENT. COUNTIES HOW
DO WE MAKE SURE OR- WHAT'S THE
STATUS OF THAT. I THINK THAT'S A
QUESTION FOR JUDGE ANDERSON OKAY
RIGHT. FIRST UP WHAT I'D LIKE TO
INVITE IN AND SUGGESTED
SPECIALLY TO THOSE SAID BETTER
MONTEREY COUNTY THAT BE CENTER
LAYERED IN A CENTER COMING OUT
OF BUT ANY OF YOU I WELCOME YOU
TO MONTEREY COUNTY SUPERIOR
COURT TO COME AND SIT IN ON A
REMOTE PRECEDING I'D BE MORE
THAN HAPPY TO HOST TO. US OF IT
YOU COULD JUST SEE WHAT IT IS A
AND SEE WHAT IT'S LIKE AND ALSO
BE ABLE TO SEE THE TYPE OF
EQUIPMENT THAT WE ARE CURRENTLY
UTILIZING I THINK THE VAST
MAJORITY OF THE QUARTER ON SOON
BECAUSE ASSUME DOT GOV- BUT-
WITHIN MY PARTICULAR DEPARTMENT
I HAVE WHAT WE CALL THE DOUBLE
SCREENS- WE HAVE- YOU KNOW
WIRED- JUST EVERY SECTION OF THE
COURTROOM IS HEAVILY WIRED SO.
THAT YOU CAN PICK UP COUNCIL YOU
CAN PICK UP WITNESSES YOU CAN
CAN PICK UP PARTICIPANTS YOU CAN
PICK UP FOLKS IN THE JURY BOX
YOU CAN PICK UP FOLKS ON THE
WITNESS STAND- SO WE HAVE DONE
QUITE A BIT IN TERMS OF
IMPROVING TECHNOLOGY IN ALL
COURTS WITH WHATEVER'S BEEN
ALLOCATED TO THEM. ARE ALSO
DOING THE BEST THEY POSSIBLY CAN
TO UPDATE EQUIPMENT IN ORDER TO
MAKE SURE THAT AUDIO ISSUES ARE-
IMPROVED AS WELL AS VISUAL
ISSUES THAT CURRENTLY THERE ARE
NO A VARIETY OF CAMERAS WITHIN
THE COURT AND THEN I MEN FROM
DIFFERENT ANGLES. SO THAT IF YOU
ARE ON ZOOM YOU'RE NOT JUST
STUCK WITH JUST ONE FACE YOU CAN
SEE WHAT'S HAPPENING ON THE
WITNESS STAND YOU COULD DOES SEE
YOU. WHAT'S HAPPENING INSIDE THE
COURTROOM AS WELL AS SEE THE
JUDICIAL OFFICER AS WELL. SO WE
ARE SLOWLY BUT SURELY WITH THE
FUNDS THAT HAVE BEEN PROVIDED TO
THE COURTS IMPROVING OUR
TECHNOLOGY. SO I GUESS MY
QUESTION THANK YOU VERY MUCH
JUDGE I APPRECIATE THAT SOUNDS
LIKE YOU'VE GOT A- HIGH STANDARD
IN YOUR COURT ROOMS- IS. HOW DO
WE MAKE SURE THAT GETS DONE IN
ALL THE COURT ROOMS ACROSS
CALIFORNIA- SOMEONE MENTIONED
EARLIER. THAT VERY LITTLE- ALL
OF THE FUNDING HAS BEEN USED TO
PROVIDE THE- EQUIPMENT THAT'S
NEEDED- I DON'T KNOW WITH
COLDWELL WE YOU THE ONE WHO.
MENTIONED THAT IOS. I CAN TELL
YOU FROM A CAR. FIRST AND WHAT
MY. COURT HAS DONE. REALLY WHERE
THAT COURT ROOM THE CEL. VALLEY
SO. MAYBE WE HAVE A- TO.
RESOURCES BUT- WE HAVE GONE SO
FAR AS TO PROVIDE EVERY REPORTER
WITH. A MONITOR ON THEIR DESK
THAT THEY CAN SEE ALL THE
PARTICIPANTS IN. IN FRONT OF
THEM. MICROPHONES- LISTENING
EQUIPMENTS. HARDWIRED INTERNET
ACCESS. AND THE ABILITY TO
CONTROL THE PROCEEDINGS AND AS
MUCH AS- AS YOU KNOW MICROPHONES
ARE ONE DIMENSIONAL SO IF YOU'RE
SPEAKING AND YOU THINK YOU'RE
MAKING A GREAT ARGUMENT NOBODY'S
HEARING IT ANYWAY BECAUSE
SOMEBODY ELSE IS TALKING. SO
WITH THAT ACCESS I CAN.
INTERRUPT I CAN MEET SOMEBODY-
SO THOSE ARE THE KINDS OF THINGS
THAT WE HAVE DONE IN OUR COURT
THAT HAS HELPED OUR THAT HAVE
HELPED. REPORTERS AND THE RECORD
. AND DO YOU HAVE ANY
INFORMATION ABOUT THE I KNOW YOU
REPRESENT STATEWIDE. DO YOU HAVE
ANY EXAMPLES OF ACROSS.
CALIFORNIA IS THE SAME THING
BEING DONE BECAUSE I WAS.
ADVISED THAT IT'S NOT BEEN DONE-
EQUALLY AND EVENLY ACROSS THE
STATE FROM MY UNDERSTANDING WE
ARE ONE OF THE FEW COUNTIES THAT
DOES HAVE THOSE KINDS OF-
DEVICES AND EQUIPMENT AVAILABLE
FOR REPORTERS. IN ORDER TO MAKE
A RECORD. OKAY AND MAYBE JUDGE
ANDERSON AT SOME POINT- OF-
REPORT BACK TO US ABOUT THE-
PROVIDING THIS KIND OF EQUIPMENT
SINCE THE MONEY IS THERE- GIVE
US A STATUS AS TO. WHY IT'S NOT
BEING DONE EVENLY ACROSS THE
STATE WELCOME TO BE HAPPY TO
LOOK AT ITS DATA AND I BELIEVE
WHAT WHAT'S REFERENCING IS THE
MODERNIZATION FUNDING. THAT HAS
BEEN PROVIDED IN THE LAST TWO
BUDGET CYCLES AND SO MONEY WAS
ALLOCATED AND SPENT ON REMOTE
BUT ALSO WENT TO UPGRADING- OUR-
SYSTEMS AS WELL. AND SO MANY
THAT'S PROVIDED TO THE JUDICIAL
BRANCH YOU KNOW BASED ON OUR
FUNDING ALLOCATIONS THROUGH THE
COURTS WE TRY TO MAKE SURE IT'S
EQUALLY DIVIDED UP AND WE'RE
MORE THAN HAPPY TO LOOK AT OUR
DATA. THANK AND PROVIDE REPORTS.
THANK YOU- CENTERMAN. THANK YOU
CHAPLAIN YOU FOR HOLDING THIS
HEARING- I WILL TO- ASSOCIATE MY
COMMENTS WITH THOSE OF MY
COLLEAGUES FROM SAN FRANCISCO I
THOUGHT YOU REYES AND GREAT
CONCERNS- I DON'T THINK ANYONE
HERE WANTS TO BE A LOT AYE AND
SLOW DOWN THE ADVANCEMENT OF
TECHNOLOGY WE CALIFORNIA WE
PRIDE OURSELVES ON THAT. AT THE
SAME TIME THERE REAL CONCERNS
ABOUT ACCESS TO JUSTICE WE FACE
WHEN WE TALK ABOUT PURELY REMOTE
PROCEEDINGS. I JUST I APOLOGIZE
FOR BEING LATE I WAS AT A
BROADBAND ACCESS HEARING EARLIER
THAT ENERGY IS DOING AND THAT
RAISES REAL CONCERNS WE KNOW
THAT MANY COMMUNITIES DON'T
HAVE. THE SAME ACCESS TO HIGH
SPEED INTERNET THEY DON'T HAVE
THE SPACES TO. PROFESSIONALLY
YEP UP HERE ON A ZOOM OR
SOMETHING LIKE THAT- SO I THINK
WE HAVE TO THINK ABOUT THESE
WHEN IS. THIS APPROPRIATE OR
NOT- SIDE I GUESS MY I GUESS
THAT'S A COMMENT I HAD A COUPLE
QUESTIONS AND THIS FIRST ONE
MIGHT BE FOR YOU- ON A ANDERSON-
DO YOU THINK THAT RIGHT NOW
GIVEN THE DISPARITIES IN
BROADBAND ACCESS THAT- THAT. NEW
MOVING AGGRESSIVELY TO ONLINE
PROCEEDINGS RACES FOURTEENTH
AMENDMENT EQUAL PROTECTION
CONCERNS. I WOULD THINK SO TO
THE DEGREE AND I THINK WHAT WE
ALL NEED TO FOCUS ON REMOTE
PROCEEDINGS. IS A CHOICE
INVOLUNTARY IT IS NOT FORCED. IT
IS THE LITIGANTS CHOICE TO
APPEAR AT REMOTELY IT IS NOT THE
COURTS AND A SENATE NUMBER DO
YOU KNOW MORE THAN ANYONE
BECAUSE YOU OFFER AUTHORED AT
TWO FORTY ONE. IT IS WHEN
CERTAIN CONDITIONS ARE PRESENT
AND THAT MEANS THE CONSENT OF
THE PARTIES AND NOTICE HAS BEGIN
HAS BEEN GIVEN. THAT THERE ARE
REMOTE PROCEEDINGS SO NO THERE
IS NO ONE BEING FORCED TO APPEAR
REMOTELY NOR SHOULD ANYONE BE
FORCED TO APPEAR REMOTELY. IT
IS. AN AVENUE TO ACCESS THE
COURT AND IT'S ONE WAY TO ACCESS
THE COURTS. ANYONE IS WELCOME
ANY DAY OF THE WEEK TO WALK
INSIDE THE COURTROOM AND APPEAR
IN PERSON. AND I WOULD SAY
PROBABLY THE VAST MAJORITY OF
THE APPEARANCES DEPENDING ON THE
CALENDAR IN THE CIVIL CALENDAR A
LOT OF THE APPEARANCES FOR PRE
TRIAL. WOULD BE REMOTELY BECAUSE
IT'S FAR MORE COST EFFECTIVE IN
THE CRIMINAL WORLD. I WOULD SAY
THE VAST MAJORITY OF APPEARANCES
ON THE CRIMINAL. CASE TYPES IS
IN PERSON UGH THE CASE TYPES
THAT I DO SEE THAT WHERE THERE'S
REMOTE APPEARANCES IN THE
COLLABORATIVE COURTS AND IT'S
PRIMARILY WITH FOLKS WHO ARE IN
IN RESIDENCY PROGRAMS AND- YOU
CAN SEE THEM ALL GATHERED
AROUND. A PARTICULAR TABLE WHEN
THE CAMERA GOES TO EACH ONE TO
MAKE THEIR PARENTS IS BUT I
WOULD I WOULD SAY THAT IS. IT IS
THE CHOICE OF THE COURT USER
WITH RESPECT TO REMOTE
PROCEEDINGS AND NOT A FORCE. I
APPRECIATE THAT AND I SAY THIS
AS SOMEONE WHO'S MARRIED TO AS I
THINK AS A COUPLE PANELS NO- MY
WIFE WORKS. IN DOMESTIC.
VIOLENCE AND- THERE ARE CERTAIN
THE PLACES WHERE REMOTE MIGHT BE
BETTER AND PREFERABLE TO IN PER.
AND DOMESTIC VIOLENCE
PROCEEDINGS MIGHT BE ONE OF
THEM- I GUESS MY SECOND QUESTION
A WE'LL TALK ABOUT THIS AT A
LATER. A PANEL BUT I THOUGHT
SINCE WE HAVE A COUPLE PEOPLE ON
THE PANEL RIGHT NOW THAT MIGHT
HAVE SOME THOUGHTS ON THIS.
GIVEN THAT ONE OF THE REASONS WE
MIGHT CONSIDER MOVING TO REMOTE
MORE REMOTE PROCEEDINGS IS A
SHORTAGE ON CORE REPORTERS. I
THOUGHT I JUST ASK YOU CAN YOU
HAD ME INSIGHTS ON WHAT YOU
THINK IS DRIVING THAT SHORTAGE-
MY COLLEAGUE STACY GASKET WILL
TALK ABOUT THAT MORE
SPECIFICALLY LATER- I'M NOT SURE
THAT I. I WOULD SAY THAT WE HAVE
A SHORTAGE OF COURT REPORTERS AS
MUCH AS WE HAVE A- RECRUITMENT
AND RETENTION PROBLEM. WHEN THE
COURTS GOD. DID AWAY WITH
SEVERAL REPORTERS IN MANY
COUNTIES AND FAMILY REPORTERS
AND MANY COUNTIES. THE CIVIL
WORLD THE PRIVATIZATION OF COURT
REPORTERS. BECAME EXTREMELY
LUCRATIVE AS I BELIEVE- SOMEONE
MENTIONED EARLIER. AND SO.
OFFICIALS LEFT. COURTS AND WENT
TO THE PRIVATE INDUSTRY. SO IN
AN EFFORT TO. GET REPORTERS BACK
TO THE COURTS. IT DOES TAKE
MONEY IT TAKES. RECRUITMENT
EFFORTS- WE HAVE NOW INCLUDED
VOICE WRITERS. AS CERTIFIED
SHORTHAND REPORTERS. AND THAT
WILL BROADEN OUR BROADEN OUR
POOL EVEN MORE. I'M IF I CAN.
TAKE A MOMENT AND GO BACK TO-
WHAT JUDGE ANDERSON SAID ABOUT
OPTIONAL APPEARANCES- JUST TO
GIVE A PERSPECTIVE IN MY OWN
COUNTY. UNFORTUNATELY WE HAVE A
DEPUTY SHORTAGE AND BECAUSE OF
THAT DEPUTY SHORTAGE OUR COURT
ROOMS ARE NOT OPEN TO THE PUBLIC
AND SO REMOTE APPEARANCES ARE
REQUIRED- THERE IS NO WAY FOR A
LITIGANTS OR AN ATTORNEY TO
APPEAR. IN PERSON AND THAT'S
JUST I UNDERSTAND THAT'S AN
EXTREME EXAMPLE BUT IT DOES
EXIST. BUY ME A DRESS SOMETHING
FIRST SECOND SURE- FROM THE
PRACTITIONERS AND I THINK THE
DEFENSE COUNSEL AGREE FROM THE
PRACTITIONER'S PERSPECTIVE THERE
IS A LARGE. SHORTAGE OF COURT
REPORTERS WE HAVE EXAMPLES WHERE
WE CANNOT IN MY FIRM I CANNOT
GET A COURT REPORTER TO SHOW UP
THERE'S JUST NOT ENOUGH TO SHOW
FOR A DEPOSITION. WE HAVE
EXAMPLES FROM OUR THèC MEMBERS
THE IN THE MIDDLE OF A JOB A
CALL REPORT WILL GET UP AND
LEAVE BECAUSE THEY'RE GETTING
PAID TO BE MORE SOMEWHERE ELSE.
AS A RESULT OF THE SHORTAGE
THERE'S A LARGE DEMAND FOR THAT
IN REGARDS TO WHAT HER HONOR
INDICATED IT IS VOLUNTARY TO
SHOW UP AND I WOULD ASK THIS
PANEL TO REMEMBER. THAT IT IS
THE ATTORNEYS THAT HAVE TO DO
THE APPEAL IS THE ATTORNEYS THAT
HAVE TO MAKE SURE WE DO NOT
COMMIT MALPRACTICE BY TALKING
TO. THE COURTS AND MAKING IT
CLEAR RECORD BEAT WITH AN
INTERPRETER OR WITH A COURT
REPORTER. IF I SCREW UP THE
RECORD. I'M THE ONE WHO'S GOING
TO HAVE TO DEAL WITH THAT ON
APPEAL I'M THE ONE WHO'S GOING
TO BE SUED FOR MALPRACTICE FOR
NOT SLOWING DOWN. TALKING
CLEARLY MAKING SURE THERE WAS
ENOUGH BROADBAND. EVERY TIME I
DO AN APPEARANCE I MAKE SURE MY
CLIENTS HAVE GOOD BROADBAND
BECAUSE IT MAKES SENSE TO MAKE
SURE FOR MY PERSPECTIVE AND MY
MALPRACTICE. THAT THAT IS DONE
CORRECTLY CERTAINLY THERE ARE
APPEARANCES WHERE PEOPLE ARE
WALKING IN USING THEIR PHONE
THAT IS SOMETHING THAT HAS TO BE
ADDRESSED STANDARD LIFE. THANK
YOU CENTER OVER THANK YOU. DID
YOU. YEAH IT IS A SERIOUS
PROBLEM ESPECIALLY FOR TRIALS-
WERE COURT REPORTER CANNOT BE
FOUND WE HAVE FOUND SOME OF OUR
MEMBERS HAVE TOLD US. THAT THREE
THOUSAND DOLLARS A DAY PER DIEM.
IF YOU HAVE ATTENDED COURT TRIAL
HAS EIGHTY THOUSAND DOLLARS-
THAT SOMEONE HAS TO COME UP
WITH. IN ITS- IT'S A HUGE
BARRIER. DO WE LIKE CORPERS WE'D
LOVE TO HAVE IT JUST THE WAY IT
WAS FOR HAS BEEN FOR DECADES
IT'S FABULOUS TO HAVE A LIVE
COURT REPORTER. THEY'RE JUST NOT
THERE AS I UNDERSTAND THAT THE-
PEOPLE. FOR PURPOSES ARE NOW UP
PASSING THE TEN- VERY DIFFICULT
AND- A LOT OF THE CLIPPERS HAVE
BEEN IN THE BUSINESS FOR COURT
FOR QUITE SOME TIME ARE AGING
OUT. SO IT IS A REAL PROBLEM-
WHAT I LOVE TO HAVE A LIFE FOR
PER YES. ESPECIALLY FOR HEARINGS
AND THINGS LIKE A SUMMARY
JUDGMENT MOTION HEARING. YOU
NEED TO HAVE A COURT REPORTER
THERE OR ELSE THERE IS NO RECORD
OF APPEAL AND IF THERE'S NO
RECORD THERE'S NO APPEAL. AND
THAT'S A REAL PROBLEM. THANK YOU
JUST A HEADS UP WE'RE GONNA HAVE
A WHOLE PANEL ON THE COURT
REPORTER ISSUE HERE- COMING UP
THAT'S A GOOD- ALL RIGHT. OTHER
QUITE YES. ANYONE ELSE ANY OTHER
QUESTIONS I HAVE A FEW QUESTIONS
ABOUT. IT YOU'VE RAISE VERY
SERIOUS CONCERNS MISS CALDWELL-
AND ALSO MR NANDO'S ABOUT-
DENIAL OF ACCESS TO JUSTICE IN
IN TERMS OF. LITIGANTS WHO WISH
TO APPEAR BUT WERE DENIED THE
OPPORTUNITY TO APPEAR BECAUSE
THERE WAS A FORCED REMOTE.
APPEARANCE WHAT WHAT IS COUNCIL
RAISE THAT ISSUE THAT THEIR OF
THEIR CLIENT FOR EXAMPLE
COULDN'T APPEAR. I CAN'T TELL
YOU THAT SPECIFICALLY BECAUSE MY
COURT ONLY EMPLOYS. CRIMINAL
REPORTERS AND SO WE DON'T HAVE
REPORTERS AND CIVIL I JUST KNOW
FROM MY COLLEAGUES THAT- MY
REPORTER COLLEAGUE THAT THEY'RE
APPEARING REMOTELY. BECAUSE THE
COURT ROOMS ARE CLOSED. THAT'S A
THAT'S A VERY SERIOUS ISSUE AND
I US JUDGING ANDERSON TO ASK
JUDICIAL COUNCIL REPORT. AS TO
LITIGANTS PARTIES WHO WISH TO
APPEAR PERSONALLY AND ARE DENIED
THE OPPORTUNITY APPEAR
PERSONALLY- IT IS ONE THING AS
CENTERMAN POINTS OUT- TO IN
TERMS OF. A CONSTITUTIONAL
RIGHT. TO BE ABLE TO BE ABLE TO
PRESENT AND BE PRESENT FOR THE
PRESENTATION OF YOUR CASE AND
EVIDENCE SO TO THE EXTENT THAT
THAT'S GOING ON IN CALIFORNIA
THAT'S SOMETHING FOR US TO
DIRECTLY ADDRESS. AND SO THAT S.
JUDICIAL COUNCIL IF THERE IS A
PORTAL FOR EXAMPLE WHERE THE
JUDGE IN THE COUNCIL BASICALLY-
FAILED TO DO THEIR JOB. AND
FAILED TO DO THEIR JOB TO ENSURE
THAT A LITIGANT HAS AN
OPPORTUNITY TO APPEAR PERSONALLY
THAT THERE BE AN OPPORTUNITY AT
LEAST FOR SOMEONE TO REPORT THAT
TO JUDICIAL COUNCIL IT'S A VERY
SERIOUS IS YOUR SAME THING WITH
RESPECT TO INTERPRETERS- THAT'S
A VERY VERY SERIOUS ISSUE- ARE
ARE YOU AWARE ANY PANELIST AWARE
OF WHERE A LITIGANT SAID I WANNA
PURE PERSONALLY. IN THE JUDGE
SAID NO YOU MAY NOT APPEAR
PERSONALLY THAN ANY OF YOU AWARE
THAT CIRCUMSTANCE I'M NOT AWARE
OF I DON'T KNOW IF IT THERE ANY
COURTS BUT I THINK THAT IS WHAT
SAID FEB FABULOUS ABOUT THIS
PARTICULAR HEARING IS THAT THIS
IS NOT AN EITHER OR YES OR NO
BUT THIS IS. WHAT ARE THE BEST
PRACTICES WHAT SHOULD WE BE
LOOKING AT WHAT IS GOING TO BEST
SERVE. THE PUBLIC. AND THAT
WOULD BE SOMETHING I THINK THAT
WOULD. OF THE JUDICIAL COUNCIL
WOULD LIKE TO LOOK AT DATED
BECAUSE- AS YOU KNOW WITH
RESPECT AT TWO FORTY ONE. IT IS.
THAT AT THE CONSENT OF THE COURT
YOU SIR AND SO WHETHER AN
ATTORNEY IS NOT MAKING AT THAT
POINT THAT IT IS THE CONSENT OF
THE USER. AND THEN THE PERSON
SHOULD BE PERMITTED TO APPEAR
PERSONALLY IF THERE IS A COURT
ISSUE WITH RESPECT TO BAILIFFS
OR WHAT HAVE YOU THAT IS
SOMETHING THAT THAT SHOULD BE
ADDRESSED. BUT NO ONE SHOULD BE
FORCED. TO APPEAR REMOTELY THE
ONLY CIRCUMSTANCE WHERE IF
ANYONE WAS. FORCED TO APPEAR
REMOTELY THAT WAS DURING THE
PANDEMIC WHEN THE COURTS WERE
ACTUALLY CLOSE BUT THEN FOR X.
WERE GIVEN THE ON. TO CASES OUT.
I KNOW WITHIN OUR COURT WITH IF
THERE IS A CIRCUMSTANCE
SITUATIONAL SOMEONE WISHES TO
APPEAR IN OUR DOORS ARE OPEN
EVERY DAY- IN PERSON WE GIVE
THEM THAT OPPORTUNITY SO. LET'S
SAY YOU'RE HEARING IS TODAY BUT
THERE'S A TECHNICAL ISSUE WITH
WHATEVER DEVICE YOU'RE UTILIZING
TRYING TO JOIN REMOTELY. WE GIVE
YOU ANOTHER COURT DATE- SO THAT
YOU CAN HAVE THE CHOICE OF
EITHER APPEARING PERSONALLY OR
RESOLVING WHATEVER TECHNICAL
ISSUES THAT YOU HAVE. YOU DON'T
GO AHEAD AND JUST PROCEED WITH
THE HEARING BECAUSE SOMEONE HAS
A TECHNICAL ISSUE. AND I BELIEVE
ALSO THERE IS A PUBLICATION THAT
THE COUNCIL HAS A PUT OUT AND
THAT'S BEST PRACTICES. FOR
JUDICIAL OFFICERS FOR PROCEEDING
ON REMOTE TO HEARINGS- THAT WAS-
PUT OUT BY THE CENTER FOR
JUDICIAL EDUCATION RESEARCH
THOUGH THERE ARE. SOME BEST
PRACTICES OUT THERE THAT I
WOULDN'T FIGHT DEATH. OF MY
FRIEND FROM SENT A CLEAR TO MAKE
SURE THAT THAT YOUR JUDGES READ.
BUT BEST PRACTICES WITH RESPECT
TO. APPEARING IN REMOTELY
BECAUSE THE PERIODICAL IS OUT
AND IT DOES COVER. THE STATUTE
WITH RESPECT TO CONSENT.
REMOTELY N. AS- MIGHT. WITH
COMES. WITH COMMENTS OF MIKE.
FROM FRANCISCO. THAT THIS IS
MUCH DIFFERENT THAN A ZOOM
MEETING I'M GONNA HAVE A ZOOM
MEETING THIS AFTERNOON
CONSEQUENCES ARE. SMALL IF ANY
IF THERE'S NOT PROPER CONNECTION
IF THERE'S NOT TECHNOLOGY BE
ABLE TO COMMUNICATE EFFECTIVELY.
WHERE AS- SOMEONE'S LIFE LIBERTY
OR OF TREASURES ON THE LINE WHEN
YOU'RE TALKING ABOUT- LITIGATION
SO I'M ANOTHER QUESTION FOR ALL
THE PANELISTS- IS A COURT DENIED
THE OPPORTUNITY WHEN THERE'S
BEEN A COURT REPORTER THAT'S
AVAILABLE IN PERSON COURSE WE
ALL. ANY PRICING LAWYER WOULD
PREFER DIFFICULT REPORTER THERE
IN PERSON- IS THERE BEEN AN
INCIDENT IN CALIFORNIA THAT
YOU'RE AWARE OF WHERE. THE
JUDGES SAID I'M SORRY WE HAVE A
COURT REPORTER WHO'S PRESENT
AVAILABLE BUT WE'RE GONNA DO
THIS REMOTELY THEY WANT TO WEAR
THAT. I HAVEN'T HEARD THAT SO I
WILL DIFFER IF ANYONE ELSE HAD
ANY INFORMATION WITH RESPECT TO
THAT I DON'T KNOW WHY BECAUSE
YOU WOULD TAKE THAT IN PERSON
COURT REPORTER- I SORRY. OKAY
WE'LL WE'LL LET ME LET ME GO TO
MY PREVIOUS QUESTION MR NANDO'S
DID YOU WANT TO RESPOND. JUST AS
FAR AS INTERPRETERS WE HAVE HAD
THAT- SCENARIO WHERE THE COURTS
OF THE ESTABLISH THAT IT'S GOING
TO BE BY REMOTE. AND WHETHER
IT'S AT NOT AT THE REQUEST OF
THE PARTIES OR ANYONE ELSE SO
IT'S A SLIGHTLY DIFFERENT
BECAUSE CORPORATE OR YOU KNOW
LOOK DIFFERENT DYNAMIC BUT
INTERPRETERS HAVE BEEN TOLD THAT
IT'S GOING TO BE REMOTE THAT DAY
IN THE COURTROOM- AND HASN'T
NECESSARILY BEEN THERE. AT THE
REQUEST OF THE PARTY IN THE IN
THE COUNCIL DIDN'T OBJECT OR DID
OBJECT IN THE COURT OVER
COUNCIL'S OBJECTION SAID I'M
SORRY WE'RE NOT GONNA ALLOW
QUARTER. THE INTERPRETER TO BE
PRESENT PHYSICALLY PRESENT MY-
MY UNDERSTANDING THIS IS BASED
ON WHAT MY CLIENTS AND TOLD ME-
WE HAD MANY DISCUSSIONS ABOUT
THIS. IT IS A SIMPLE SIMPLY BEEN
THE PROCEDURE FOR THAT
DEPARTMENT FOR THAT DAY. THAT
THE INTERPRETER WOULD APPEAR
REMOTELY AND ARE OTHERWISE
UNNECESSARILY OPPORTUNITY TO A
CHAPTER OR CONSENT IS NOT IT.
FOR INTERPRETERS IT'S-
INFREQUENT WHEN THEY'RE ASKED.
TO CONSENT TO THE INTERPRETER
PERRIN REMOTELY NO I'M TIME A
COUNCIL- COUNCIL IS RESPONSIBLE
FOR THE REPRESENTATION CLIENT.
THAT WOULD BE IMPORTANT FOR US
TO KNOW ABOUT WHERE THE COURT
HAS SAID I'M SORRY THAT THERE'S
A COURTROOM THERE'S A EITHER A
COURT REPORTER OR AN
INTERPRETER. WHO IS PHYSICALLY
AVAILABLE AND PRESENT AND I'M
GOING TO. PRECLUDE PROHIBIT FOR
BID THAT INTERPRETER OR THAT
COURT REPORTER FROM BEING
PHYSICALLY PRESENT THAT WOULD BE
USEFUL FOR US TO NOW HAVE TO GET
SOME OF THOSE STORIES IN ALL
RIGHT MY UNDERSTAND IS THAT THAT
HAS. THAT HAS IN FACT OCCURRED
OKAY THANK YOU- OKAY MAY SPEAK
BRIEFLY ON THAT IS YES MELBOURNE
I WILL SAY- THE OTHER CHALLENGES
OFFER PRESENTED LITIGANTS-
BECAUSE THEY DON'T HAVE A
COUNCIL WHO'S GOING TO OBJECT
AND WE HAVE HAD CLIENTS WHO
HAVE. DEFAULTED IN HEARINGS
BECAUSE THEY WERE THEY APPEARED
AT THE COURTHOUSE AND WERE TOLD
SORRY IT'S ON REMOTE AND THEY
COULDN'T GET TO A PLACE TO
APPEAR IN TIME. FOR THE HEARING
INSTEAD THEY JUST FOUND WERE
FOUND. HERE AT THE END OF THE
RULING WENT AGAINST THEM SO IT
DOES HAPPEN I DO THINK IT'S THE
EXCEPTION. AND I THINK IT'S-
I'M- SPECIFIC COURTROOM- AS MR
HERNANDEZ MY- THAT THEY CERTAIN
CORE. THAT MAY BE OF DECIDED
TODAY IS A- AND THAT'S- YOUR
ONLY CHOICE YOU HAVE APPEAR ON
BUT IT DOES HAPPEN. ALL RIGHT
WELL WE NEED TO HAVE THAT
INFORMATION SO I'M SORRY MISS
CALL WHAT DID YOU RESPOND ALSO.
I WAS JUST GONNA SAY THAT I HAVE
EXPERIENCE THAT AND LESS IT'S A
MATTER OF- AN ATTORNEY HAS
HIRED. A PRIVATELY HIRED
REPORTER ANDY LIVE REPORTER
WOULD BE DISMISSED AND IN
EXCHANGE FOR THE REMOTE REPORTER
THAT'S BEEN HIRED PRIVATELY.
WITHOUT THE CONSENT OF COUNSEL
NO I DON'T MEAN WITHOUT THE
CONSENT OF COUNSEL I JUST MEAN
THAT. A LOT OF REMOTE REPORTER
WOULD THEN TAKE OVER FOR A LIVE
REPORT BUT ONLY INTO THAT KIND
OF. CIRCUMSTANCE IN MY
EXPERIENCE ALL RIGHT- IN YOU HAD
MENTIONED THERE ARE INSTANCES
WHERE. BASICALLY THE COURT IS
PERMITTED SOMEONE TO TESTIFY
WHILE IN BED TESTIFIED DOING ALL
KINDS OF THE THINGS. WE'RE
INTERESTED IN THAT BECAUSE THAT.
SEEMS TO BE AN ABROGATION OF THE
JUDGE'S RESPONSIBILITY MAKE SURE
THAT THE TRIAL IS CONDUCTED WITH
THE APPROPRIATE DEMEANOR. AN
OPPORTUNITY FOR EACH SIDE TO BE
HEARD- SO THAT WOULD BE USEFUL
INFORMATION FOR US TOGETHER TO
IS WHERE. OF BOTH THE JUDGES
WELLS COUNCIL HAVE. BASICALLY
ABROGATED THEIR RESPONSIBILITY.
SO ALL RIGHT- SO ANY OTHER QUICK
DECEMBER. HARM CENTER WINNER
SEVERAL HAVE FIRST CENTER WE.
LET ME TALK DIDN'T TURN TO
WIENER- THANK YOU I THINK A TO
CHAIR AND QUITE AND JUST. S. AND
I'VE I'VE FELT LIKE YOU WERE
MAYBE UP ABOUT OR THE SITUATION
WHERE THE PARTIES OR A- ONE TO
DO IT PERSON BUT THE JOY. THE
JUDGES SCORE AS- IS AS CLOSE AND
SO. ALSO ARE THERE WHEN YOU HAVE
DISPUTES LIKE A YOU HAVE A PARTY
THAT WANTS TO BE LIVE ANOTHER
PARTY THAT DOESN'T WANT TO BE
ALIVE. THE SUCH AS THE
DISCRETION OF A OF A JUDGE.
CENTER WINNER IN GENERAL WERE
YOU BEEN TO A COURT WHERE THE
JUDGE HASN'T BEEN THERE THAT DAY
AND THEY HAVE A CLERK'S CALENDAR
I'M SURE THOSE THINGS DO HAPPEN
I AM UNAWARE OF THAT BUT I'M- I
AM SURE THAT HAPPENS YEAH. BOB
I'M TALKING I'M NOT TALKING
ABOUT LIKE MINOR. STUFF I'M TO
I'M TALKING ABOUT MORE
SIGNIFICANT. OTHER SITUATIONS
WHERE A PARTY IS LIKE. WHATEVER
THE HEARING MIGHT BE SOME
SIGNIFICA AND THEY WANT IT TO BE
LIVE BUT THE BUT THE COURTS IS
NOT CLOSED TODAY YOU HAVE TO DO
IT ALL REMOTELY. YOUR HONOR UP
USUALLY CENTERS THAT YOU'RE
WHATEVER IT WHATEVER. WILL HAVE
ITS. TO I HAVE EXPERIENCE THAT
SOMETIMES YOU MAKE A CLERK ON
THE ONE. THAT THEY MIGHT PREFER
YOU NOT BE IN THE COURTROOM I'VE
NEVER SEEN ANY PUSH BACK FROM
THIS. COURT ABOUT COME IN I'VE
DONE FOR- KIND. WERE AND I'VE
BEEN THE ATTORNEY THERE OUT OF
MULTI CASE. I JUST YOU KNOW I'M
IN SACRAMENTO I PREFER TO BE
THERE. BUT I HAVEN'T HAD ANY
PUSH BACK- IN TERMS OF A LIVE
APPEARANCE TONIGHT I THINK YOU
HAVE TO ALLOW THAT IF THE IF
THERE'S A COURT APPEARANCE IN SO
MUCH TO. APPEAR PERSONALLY LET
THEM. AND MAYBE THAT. WAS A LOT
OF TECHNOLOGY PROBLEMS RIGHT I
AM I I'M INTERESTED IN KNOWING
AND- IF. WHAT DO WHAT WHAT'S
HAPPENING AROUND THE STATE LIKE
I ARE THERE SITUATIONS WHERE.
WHERE JUDGES ARE JUST SAYING YOU
KNOW WE'RE DOING THIS REMOTELY
AND- I MAYBE THAT'S NOT
HAPPENING AT ALL- BUT I ALSO
KNOW FROM MY TIME PRACTICING
THAT JUDGES. AND THE- YOU KNOW
BIG MAKE THE RULES IN THEIR
COURTROOM ENJOYED A BROAD
SPECTRUM OF HOW JOE. LIKE TO YOU
KNOW. PROCEEDINGS AND SO IT
WOULDN'T SHOCK ME IF THAT WAS
HAPPENING BUT MAYBE IT'S NOT AND
SO I JUST LIKE TO KNOW. WE CAN
ASK FOR WE CAN ASK OUR MEMBERS
ALL RIGHT WELL WE'RE GONNA WE'RE
GONNA TURN TO. STRANDED YOU WANT
TO. CLOSE A SOMETHING VERY
BRIEFLY- I THINK SOME OF IT IS
ALSO NOT NECESSARILY THE JUDGE
MAKING THE DECISION THAT
DECISION BUT THE PROCESS BY
WHICH LED AGAINST. HAVE TO SHARE
THEIR OPINIONS ON WHETHER IT
WOULD BE REMOTE OR- IN PERSON
THERE'S USUALLY IF THERE'S A
STATEWIDE FARM BUT THEN SOME
COURTS HAVE ADOPTED A SECONDARY
LOCAL FORMS IT ALSO HAS TO BE
SUBMITTED THERE'S RULES ABOUT
HOW IT GETS ADMITTED WHEN IT HAS
TO BE SUBMITTED BY AND-
OBVIOUSLY WE SHOULD FOLLOW THOSE
RULES BUT ALSO IN. CASES OF
EMERGENCIES OR ESPECIALLY
DEALING WITH SELF REPRESENTED
LITIGANTS. I THINK SOME OF KIM'S
CONSISTENCY AND SOME CLARITY ON
HOW A PERSON REQUEST TO BE IN
PERSON A REQUEST TO BE REMOTE IS
IMPORTANT. RIGHT ALL RIGHT SO-
I'M SERVICES THAT ADDRESS I'M
SORRY JUST THOUGHT JUST THE LAST
COMMENT. YOU HAVE HEARING
EVERYBODY. AND WAS INTERESTING
TO HEAR FROM. SOME OF YOU SAID.
IN A REMOTE IS. THAT'S THE MOST
BEAUTIFUL THING IN THE WORLD AND
WE CAN'T LIVE WITHOUT IT AND
THEN THERE ARE THOSE WHO SAY
WAIT A MINUTE. THIS IS REALLY
REALLY DIFFICULT I UNDERSTAND.
ON THE ISSUE OF. YOU KNOW
CHOICE. YOU KNOW THE PEOPLE OUT
OF HAVE THE ABILITY TO CHOOSE.
BUT I KNOW THAT IF YOU'RE POOR
PERSON. IF YOU'RE A PERSON OF
COLOR. IF YOU YOU CAN BE EASILY
INTIMIDATED BY THE WHOLE CALL
REPORT ROOM SCENE. I DON'T KNOW
HOW. WELL WHO ARE. UNTIL NOW THE
CONFIDENCE TO SPEAK UP. TO SAY I
WANT IT DONE. REMOTELY OR I
WANTED DONE IN PERSON. THAT'S
REALLY DIFFICULT A SITUATION TO
PUT PEOPLE IN AND SO. I AM. A
YOU KNOW LEAVES ME WITH A SENSE
OF- WHAT SOUNDS REALLY NICE A
LET. LET PEOPLE CHOOSE IF THEY
WANT IT OR NOT. BUT THE REASON
THEIR REALITY IS COMPLETELY
DIFFERENT FROM OURS AND I JUST
THINK WE HAVE TO KEEP THAT IN IN
AND- WE HAVE TO KEEP THAT IN
MIND. I APPRECIATE THE DAY IN
THE LIFE OF A REGULAR PERSON YOU
KNOW TAKING OFF WORK AND DOING
ALL OF THAT SORT OF STUFF. WELL
JUST EXTEND THAT ALL THE WAY
INTO THE COURT ROOM WHAT'S IT
LIKE FOR THAT SAME PERSON TO
HAVE TO SPEAK UP OR SPEAK OUT
SAYING THAT THEY DON'T. IMAGINE
TAKING ON THE JUDGE I MEAN EVEN
I WOULD BE SCARED TO DEATH TO
TAKE. JUDGE NO I DON'T I
DISAGREE WITH YOU SO. I THINK
THAT'S THE REAL WORLD. ON THAT
WE HAVE TO KEEP IN MIND AS WE GO
FOR WITH THESE POLICIES. SENATE
JOB WITH THANK YOU VERY IT'S
BEEN VERY. THIS A NEW SPACE FOR
ME BUT I'VE LEARNED A LOT TODAY
I DID WANT TO MAKE A COMMENT
BECAUSE I RESPECT MY COLLEAGUES
EXPERTISE THEY ARE THE EXPERTS
IN THIS SPACE. BUT I REALLY
APPRECIATE JUST WANTED TO
COMMENT THAT I APPRECIATED MR
CARTER'S I BELIEVE IT WAS YOUR
COMMENTS WITH REGARDS TO MAKING
A DIFFERENTIATION. BETWEEN WHICH
ONES SHOULD BE IN PERSON. VERSUS
WHICH ONES COULD HAVE THE OPTION
OF BEING VIRTUAL. M. AND THAT
WAS I BELIEVE YOU SAID THE ONES
THAT HAD WITNESSES. YES YOUR
HONOR- HI THERE I GO AGAIN IRAN.
SENATOR OF WOULD BE- I WAS I WAS
REFERRING TO- JURY TRIALS BUT
THERE COULD BE. OTHER
PROCEEDINGS- THAT THEY HAVE LIVE
TESTIMONY- WERE A WITNESS
WHETHER IT BE AN EXPERT I THINK-
AFTER. OF THE OPPOSITE PARTY
SHOULD HAVE A RIGHT TO SAY YOU
NEED TO BE IN COURT. AND I NEED
TO BE ABLE TO CONFRONT YOU- B.
THOSE ARE THE SITUATIONS WHERE
THEY'RE TAKING LIVE TESTIMONY
WE'RE I THINK. THAT WITNESSES
NEED TO BE REQUIRED TO BE THERE
AND SHOULD NOT. IF ON THE
REQUEST OF THE PARTY THEY SHOULD
BE THERE. CAN PARTIES AGREED TO
STIPULATE TO SOMETHING I THINK
THAT'S FINE- THERE MIGHT BE-
FOUNDATIONAL WITNESSES LIKE A
POLICE OFFICER OR SOMETHING
THAT'S JUST LAYING A FOUNDATION
FOR SOMETHING. AND THAT MIGHT BE
FINE TO DO. BOB REMOTELY IN THE
PARTY'S CONSTABULARY TO THAT BUT
THERE'S OTHER ONES WHERE PEOPLE
ARE OFFERING VERY KEY TESTIMONY.
OR EXPERT TESTIMONY AND- THEY
SHOULD THOSE LITIGANTS SHOULD
HAVE THE RIGHT TO SAY YOU NEED
TO BE HERE IN PERSON BECAUSE WE
NEED TO OBSERVE YOU. THANK YOU
MISTER PRIME ALL RIGHT SURE
SENATE ME JUST CHILL ANOTHER
QUESTION- THAT HAVE TO. THAT IS
FREE I THINK IT'S MISTER. YOU
MISTER RECE YEAH NO NO NO NO I'M
SORRY IF I THINK IT'S AN ISSUE
WITH THE I'M SORRY I'M TRYING TO
FIND YOUR NAME I'M NOT ON THAT.
ARE YOU KNOW THE LESS I
APOLOGIZE- I HAD A QUESTION WITH
REGARD TO THE COMMENT THAT YOU
MADE ABOUT THE ALLOCATION I
BELIEVE IT WAS YOU THAT MADE THE
ALLOCATION OF THE MONIES BUT HAD
NOT BEEN FULLY SPENT- I'M KIND
OF CURIOUS TO KNOW. WHAT HAS
BEEN SPENT AND WHY HASN'T THE
MONEY BEING SPENT WITHIN YOUR
SPACE. SURE THANK YOU- FOR THE
QUESTION- I MAY- I WAS REFERRING
TO THE MONEY THAT WAS ALLOCATED
BY THE LEGISLATURE BELIEVE TWO
YEARS AGO SPECIFICALLY FOR COURT
INTERPRETERS- IT WAS A THIRTY
MILLION DOLLAR ALLOCATION- WORK
PERCENT OF THEIR US ON OTHERS ON
IT. I BELIEVE EIGHTEEN MILLION
OF IT WAS FOR COURTS TO CONVERT
INDEPENDENT CONTRACTOR POSITIONS
TO EMPLOYEE POSITIONS FOR
INTERPRETERS TO MAKE SURE THAT
THEY'RE JUST MORE AVAILABLE
WIDELY AVAILABLE. AS YOU DON'T
HAVE SOME OF THE ISSUES THAT YOU
HAVE WITH SOME OF THE COURT
REPORTERS AND TWELVE MILLION WAS
FOR CERTAIN COUNTIES. TO HIRE
INTERPRETERS TO WORK THROUGHOUT
THE COURT. COURTHOUSE I WITH THE
SELF HELP SELF HELP DESK- OR
OTHERWISE TO HELP INDIVIDUALS
NAVIGATE AROUND THE COURTHOUSE.
OF FIVE I'M NOT I BELIEVE WAS OF
ONE MONTH OR TWO MONTHS PERIOD
OR AFTER. WERE ALLOWED TO BE
SUBMITTED BY COURTS. AND A LOT
OF COURTS DID NOT APPLY IN FACT-
I CAN'T REMEMBER HOW MUCH MONEY
IT WAS I WANT TO SEE WAS ABOUT A
MILLION. OTHER THIRTY MILLION OR
MILLION OUT OF EIGHTEEN MILLION-
THAT WAS ALLOCATED OTHERS
APPLIED FOR. SO THERE'S A LOT OF
MONEY THAT STILL- AVAILABLE THAT
THERE IS I THINK ANOTHER TWO
YEAR PERIOD. THE SPEND THAT
MONEY SO THERE'S STILL TIME. BUT
THE WAY THAT IT'S GOING TO LOOK
LIKE THAT MONEY WILL BE SPENT-
AND SO THAT MEANS THAT WE'RE
WE'RE MISSING THE OPPORTUNITY TO
FEEL. OF COURT ROOMS WITH
INTERPRETERS FIVE INTERPRETERS-
TO HANDLE SOME OF THESE CASES
SO- I'M HAPPY TO GET. MORE
SPECIFIC INFORMATION ON THOSE
DOLLARS I DON'T HAVE IT WITH ME
TODAY- BUT IT IS SOMETHING WE
ARE VERY VERY CONCERNED ABOUT
AND WILL PROBABLY BE COMING.
BACK SPECIFICALLY ON THAT ISSUE
TO FIND WAYS TO GET THAT MONEY
OUT. WE HAD TO DO THE SAME THING
WITH THE COURT REPORTER DOLLARS
OUR ALLOCATED TO THIRTY MILLION
EACH YEAR. I'M NOT SPEAK FOR THE
FOR MY OTHER CLIENTS BUT- I KNOW
WE HAVE THOSE CHALLENGES AND
ACTION TO TWEAK. SO THE BUDGET
LANGUAGE TO MAKE SURE THAT MONEY
GOT OUT WELL- BUT IS SOMETHING
WE HAVE TO LOOK AT BECAUSE IT'S
MANY SITTING THERE THAT'S NOT
GETTING OUT. INTERNING THE OTHER
QUESTIONS ONE LAST QUESTION AND
I BELIEVE THIS. ONE GOES TO MISS
CALDWELL. MS CALL VOTE I'M JUST
GONNA. I IT'S VERY INTERESTING
TO SEE THE L. THAT- THE GROUP
WERE. ARE ARE FACING. AN BUT ONE
OF THE THINGS THAT. KIND OF
CAUGHT MY ATTENTION IS YOU WERE
MENTIONING. THE POINT WHERE.
PEOPLE HAVE SOMETIMES MISS WORDS
OR HOW WORDS HAVE POWER. HAS THE
ABILITY TO RECORD. THE ZUNE
MEETINGS HELP THAT ALL WITHIN
THAT ENDEAVOR I KNOW NOT WHEN
OBVIOUSLY WHEN. PEOPLE DROP.
DROP FROM THE FROM THE MEETINGS
BUT- AS- ARE THE MEETINGS
RECORDED IN THOSE. CAN THAT HELP
AT ALL WITH WE- ARE. CAPTURING
EVERY WORD. WELL WHEN THERE'S A
COURT REPORTER THERE IS NOT
RECORDING HAPPENING. SO
ELECTRONIC RECORDING IS IN PLACE
OF A COURT REPORTER. AND I CAN
TELL YOU THAT JUST FROM A
PRACTICALITY STANDPOINT IF I
DON'T HEAR SOMETHING GENERALLY I
KNOW WHAT I'VE- NOT HEARD. IF
SOMEBODY COUGHS WHILE YOU'RE
TALKING I CAN SEE THAT YOU'RE
TALKING AND I CAN STOP
INTERRUPT. BUT ADVERSELY AN
ELECTRONIC RECORDER DOESN'T KNOW
WHAT HE DIDN'T HEAR SO IT'S
GONE. SO AS FAR AS RECORDING-
REPORTER LIFE WHO CAN TAKE
CONTROL OF A SITUATION AND STOP
SPEAKERS. WILL ALWAYS. WENT OVER
HER ELECTRONIC RECORDING FOR
THAT REASON ALONE. CENTER IF I
MAY THEIR THEIR THE GOVERNMENT
COULD PROHIBITS IN CIVIL COURT
ANY RECORDING SO IT HAS TO BE BY
COURT REPORTER THERE IS TALK
ABOUT CHANGING THAT BUT THE
GOVERNMENT CODE SAYS. YOU ARE
NOT ALLOWED TO TAPE RECORD IN A
RECORD IN A COURT. ALL RIGHTS
TROUBLED FEDERAL COURT- ALL
RIGHT WHAT WILL LET ME THANK THE
PANEL WE'RE GONNA COME BACK TO
SOME OF THESE ISSUES HERE AND
JUST A LITTLE WHILE. SO UP AND I
AND I TAKE YOUR COMMENT- CENTER
THERE ALSO MEANT MAYBE WE
CONSIDER ACTUALLY MAKING IT
MANDATORY FOR THOSE WHO ARE NOT
REPRESENTED BY COUNSEL APPEAR
PERSONALLY- LET'S TURN NOW TO
THE NEXT PANEL CONCERNING
CRIMINAL PROCEEDINGS. OF COURSE
THAT'S A DIFFERENT. SITUATION
BECAUSE THE CONFRONTATION CLAUSE
IN THE U. S. CONSTITUTION- SO
I'M GONNA TURN IT OVER TO CENTER
WILL HOP. THANK YOU SENATOR
UMBERG. OUR FIRST PANEL WILL
DISCUSS THE USE OF REMOTE
TECHNOLOGY IN CRIMINAL CASES
FROM THE PERSPECTIVE OF COUNCIL-
I'M GONNA INVITE ALL THREE
PANELISTS UP OUR FIRST PANELIST
ISSUES RICARDO GARCIA THE CHIEF
PUBLIC DEFENDER OF L. A. COUNTY
ON BEHALF OF THE CALIFORNIA
PUBLIC DEFENDERS. ASSOCIATION
OUR NEXT PANELIST IS ALSO
MICHAEL FOR MANY CHIEF ASSISTANT
DISTRICT ATTORNEY FOR SAN
BERNARDINO COUNTY ON BEHALF THE
CALIFORNIA DISTRICT ATTORNEY'S
OFFICE- AS WELL AS STEVEN MUNN
CELTS THE DIRECTOR OF CALIFORNIA
ATTORNEYS FOR CRIMINAL JUSTICE.
ALL RIGHT- AND WE WILL START
WITH MR GARCIA- I ALSO JUST
WANNA BE COGNISANT OF
EVERYBODY'S TIME AND SO WHEN WE
DO HAVE QUESTIONS- IF WE CAN BE
CONCISE AND TO THE POINT THANK
YOU. WE SHOULD TIME BEING. THE
COMMITTEE TWO CHAIRS THANK YOU
FOR GIVING THIS OPPORTUNITY ONE
ADVANTAGES OF SITTING AND
LISTENING AND BEING SEVENTH OR
EIGHTH TO SPEAK IF YOU GET TO
HEAR WHAT PEOPLE SAY. AND WHILE
I HAVE PREPARED WORDS I WANTED
TO TALK A LITTLE BIT ABOUT WHAT
I DID HERE THIS SORT OF HAS
COLORED MY THINKING ABOUT THIS
GENERALLY- AS I SAT HERE TODAY.
AND THAT IS WE'RE DOING THIS MAY
BE A LITTLE BIT BACKWARDS THE
ONE CONSISTENT STATEMENT I'VE
HEARD FROM ALL OF THE WITNESSES
IS A TECHNOLOGY ISN'T THERE. THE
LACK OF UNIFORMITY IN TECHNOLOGY
WHETHER IN CIVIL AND CRIMINAL
WHETHER LOS ANGELES OR CONTRA
COSTA OR MODERATE CREATES A
DISPARITY IN ACCESS TO JUSTICE
FOR THE LITIGANT. IN THE
CRIMINAL ARENA THAT'S AN
IMPOSSIBILITY AT THAT JUST CAN'T
HAPPEN. AND SO IF YOU'RE IN
SANTA CLARA AND MONTEREY WITH
THE TECHNOLOGY IS REALLY GOOD.
AND WHEN YOU HAVE CLEAR ACCESS
AND THE TECHNOLOGY'S BEEN PLACED
IN A WAY THAT EVERY LITIGANT CAN
HAVE ACCESS THE QUESTION ISN'T
AS CONCERNING AS TO THE
AVAILABILITY OR THE QUALITY BUT
IN OTHER LOCATIONS WHERE THAT
TECHNOLOGY. ISN'T READILY
AVAILABLE WE ARE INHERENTLY
DENYING PEOPLE. ACCESS SO BEFORE
I THINK WE REALLY TALK ABOUT
WHETHER OR NOT REMOTE HEARINGS.
ARE APPROPRIATE OR HOW THEY'RE
APPROPRIATE WE NEED TO CREATE
THE INFRASTRUCTURE SO THE
BEGINNING OF THEM CAN BE LOOKED
AT. EVENLY FAIRLY AND YOU DON'T
HAVE TO WORRY ABOUT WHETHER A
CONSTITUENT IN ONE PART OF THE
STATE. HAS EQUAL ACCESS TO THE
TECHNOLOGY THAT CONSTITUENT HAS
A DIFFERENT PART OF THE STATE.
SO THAT'S WHAT I WANTED TO SORT
OF PICK UP FROM WHAT I'VE HEARD
FROM THE DIFFERENT SPEAKERS- AS
A PUBLIC DEFENDER OF LOS ANGELES
COUNTY. I HAVE THE BENEFIT OF
SEEING A VERY LARGE SYSTEM AT
WORK. SYSTEM IN MANY WAYS IS
LIKE A STATE PUBLIC DEFENDER. IN
THAT ARE ACCESS TO TECHNOLOGY
WHAT'S AVAILABLE ACROSS ONE PART
OF LOS ANGELES CAN BE VERY
DIFFERENT. THAN WHAT'S AVAILABLE
ON THE OTHER SIDE OF LOS
ANGELES. AND WITHIN THE CRIMINAL
LEGAL SYSTEM WE DO LOOK AT WAYS
TO IMPROVE THE PROCESS FOR
CLIENTS BECAUSE SOMEONE WHO
PRACTICES- IN. POMONA WHAT STATE
HAS CLIMBED TO PRAMANA. THERE HI
MAY BE COMING FROM ANOTHER. OF
COUNTY AND THAT TRIP TO BEING.
BURDENSOME ON THE FAMILY AS
WE'VE HEARD BEFORE. AND SO WE
LOOK AT WAYS TO IMPROVE THAT BUT
WE ALSO HAVE TO UNDERSTAND IS IN
THE CRIMINAL LEGAL SYSTEM WE'RE
NOT TALKING JUST ABOUT DOLLARS.
WE'RE TALKING ABOUT PEOPLE'S
LIBERTY. AND AN ERROR IN WHAT
SOMEBODY HERE'S- AN ERROR IN
SOMEONE'S ACCESS. AN ERROR OF
ANY TYPE. COULD RESULT IN
INCARCERATION. AND IT DOESN'T
JUST MEAN IN A JURY TRIAL. IN
ANY ADVERSE PROCEEDING OR PERSON
DOESN'T HAVE THE ABILITY TO
CONFRONT AND CROSS EXAMINE THE
WITNESS AGAINST THEM. AND THE
JUDGE WHO IS THE TRIER OF FACT.
NOT ONLY OF VALUE IN THE
PHYSICAL EVIDENCE PRESENTED TO
THEM OR THE EVIDENCE THAT MAY
LEAD TO ONE ANSWER THE OTHER.
BUT ALSO THE CREDIBILITY OF THE
WITNESS. AND I THINK IT'S
IMPORTANT TO UNDERSTAND THAT
REMOTELY THAT CREDIBILITY JUST
CAN'T BE MEASURED IN THE SAME
WAY IT IS. LIFE WE SIT HERE LIVE
BECAUSE WE LOOK AT HUMAN BEINGS
AND LOOK FOR WE MIGHT CONSIDER
TELLS AND WHAT THEY'RE SAYING.
WE LOOK FOR THEIR DEMEANOR. WE
LOOK FOR THINGS THAT WE AS HUMAN
BEINGS IN UNDERSTANDING AND
MEASURING THEIR CREDIBILITY
WE'VE COME TO TRUST. WE ASKED
JURORS TO DO THAT WE ASKED
JURORS TO TAKE THEIR LIFE
EXPERIENCE. AND ASSESS THE
CREDIBILITY A PERSON. WE EXPECT
JUDGES TO DO THE SAME THING. AND
REMOTELY THERE'S TOO MUCH
POSSIBILITY. QUITE FRANKLY FOR
CHEATING. A JUDICIAL OFFICER
CAN'T TELL IF THE WITNESS IS
READING A PRE PREPARED SCRIPT
WHEN THEY SHOULD BE TESTIFYING
SPONTANEOUSLY. A JEWISH OFFER
CAN'T TELL IF THE PERSON IS
BEING COACHED BY SOMEONE
OFFSCREEN. WHICH WOULD NOT BE
ABLE THE POSSUM IN COURT NOW WE
TALK ABOUT. DOES THAT HAPPEN
COULD THAT HAPPEN OF COURSE IT
WOULD PRETTY GOOD WE'RE TALKING
ABOUT LIBERTY WE'RE TALKING
ABOUT EMOTIONS TO HAPPEN TRIALS
OR IN NON TRIAL HEARINGS
PRELIMINARY HEARINGS. WE'RE ALSO
TALKING ABOUT SITUATIONS WHERE
THE COURT CAN'T DETERMINE WITH
THE FACTS PRESENTED TO THEM. ARE
THE FACTS AS REMEMBERED BY THAT
WITNESS. THE COURT CAN'T
DETERMINE WHETHER OR NOT THOSE
FACTS ARE ALREADY PRE PREPARED.
BY ONE OF THE LITIGANTS BY A
COUNCIL WHETHER BE DEFENSE
COUNSEL FOR THE PROSECUTION. WE
SEE EXAMPLES OF COACHING
WITNESSES AN ACTUAL LIVE
PROCEEDINGS WE HAVE OBJECTIONS
IN WAYS TO STOP THAT AND PREVENT
THAT ALLOWING THE JUDICIAL
OFFICER TO RESPOND IMMEDIATELY.
THAT'S GONNA REMOTE HEARING
THERE'S NO WAY FOR A JUDGE TO
DETERMINE IF A WITNESS ON THE
OTHER SIDE OF THE SCREEN. IS
TESTIFYING BY HIS OR HER
RECOLLECTION WHICH IS WHAT THEY
HAVE TO DO OR BUY PRE PREPARED
TESTIMONY OR SCRIPT PROVIDED BY
THEIR OWN COUNSEL FOR THE
COUNCIL TO THEIR SIDE. AND I'VE
SEEN THIS IN LIVE PROCEEDINGS
ARE TEMPTED TO BE DONE LIVE
PROCEEDINGS. I CAN ONLY IMAGINE
WHAT HAPPENED REMOTE PROCEEDINGS
THE LAST THING I WANT TO MENTION
ABOUT THIS PROCESS. IS THAT. WE
ARE NOT CREATING WE SHOULDN'T BE
LOOKING AT A SYSTEM THAT IS
CONVENIENT. FOR THE STATE ACTORS
FOR THE LAWYERS FOR THE JUDGES
OR FOR THE WITNESSES. WE'RE
LOOKING AT A SYSTEM AND THE
CRIMINAL LEGAL PROCESS IS ABOUT
THE ACCUSED PROTECTING THE
ACCUSED RIGHTS. AND SOON WE
ESTABLISH FORMAL PROCESSES FOR
THE CONVENIENCE OF THE OTHER
PARTIES FOR THE LAWYERS OF THE
JUDICIAL OFFICERS WERE
FORGETTING THE PERSON. WHO THE
SYSTEM IS DESIGNED TO PROTECT
AND I KNOW WE TALK ABOUT
WITNESSES. AND I KNOW WE TALK
ABOUT VICTIMS IN CASES AND THEY
ARE IMPORTANT PARTNERS IN THIS
PROCESS. BUT ULTIMATELY. THE
SIXTH AMENDMENT THE PRESUMPTION
OF INNOCENCE AND THE BURDEN OF
PROOF IN THE CRIMINAL LEGAL
SYSTEM. IS ABOUT THE ACCUSED AND
PROTECTING HIS OR HER RIGHT. AND
WE SHOULDN'T FORGET THAT. FOR
CAN UNIONS OR FREAKS. AND THERE
WAS A QUESTION ASKED THE LAST
PANEL. IF THEY ARE EXAMPLES OF
SITUATIONS WHERE THE COURT
FORCES REMOTE PROCEEDING AGAINST
THE OBJECTION OF COUNSEL. IN THE
ANSWER THAT IS YES. ONE OF MY
OWN ATTORNEYS. IN A MENTAL
HEALTH PROCEEDING. IN ASKING FOR
THE DETERMINATION OF WHETHER A
PERSON WAS MENTALLY CAPABLE OF
PROCEEDING. TO TRIAL IN A
CAPITAL CASE WANTED HER CLIENT
TO BE PRESENT. HER CLIENT WANTED
TO BE PRESENT. BUT THE JUDGE
DENIED THAT HE APPEALED IT BUT
THE POINT IS AT THAT POINT TIME.
THE CLIENT WANTED TO BE THERE.
THE COUNCIL WANTED THE CLIENT
THERE AND AFTER THE PROCEEDING
WHEN THEY ACQUIRED THE CLIENT
HAD NO IDEA WHAT HAD OCCURRED
COULD NOT HEAR PROPERLY COULD
NOT TELL WHAT HAPPENED. THANK
YOU MR FUHRMAN- WELL. OKAY SORRY
NOT USED TO THAT- I THANK YOU
FOR THE OPPORTUNITY SPEAK TO YOU
MY NAME IS MICHAEL FURMAN I'M
THE CHIEF ASSISTANT DISTRICT
ATTORNEY IN SAN MARINO COUNTY. I
SERVE ON THE CALIFORNIA DISTRICT
ATTORNEYS ASSOCIATION BOARD
DIRECTORS. I WAS ALSO ON THE
JUDICIAL COUNCIL'S- CCPD NOT A
THREE SIXTY SEVEN POINT NINE
WORKING GROUP. OFFER WHICH SHY
RECOMMENDATIONS WILL PROVIDE TO
THIS BODY RESULT A REVIEW OF OUR
REMOTE TECHNOLOGY IN COURTROOMS.
R. AS IT APPLIES TO THE CRIMINAL
PROCEEDING. I THINK ON THIS
MATTER WITH THE PUBLIC DEFENDER
WE FIRMLY BELIEVE THAT- THESE
NEED TO BE DONE IN OUR- LIFE
HEARINGS. HOG I DID PRACTICE
DURING THE TIME OF COVERT
NINETEEN AND IT WAS PROBLEMATIC
AT BY IN TERMS OF MAKING SURE
THAT WE HAD CERTAIN HEARINGS
THAT WERE DONE REMOTELY. AND WE
DID THAT DURING COATED I
RECOGNIZE THAT AB ONE NINETY
NINE HAS EXTENDED- SOME SECTIONS
OF EMERGENCY RULE THREE. HI TO
CRIMINAL MATTERS AND THAT'S
CODIFIED IN OUR PENAL CODE
SECTION NINE SEVEN SEVEN
SPECIFICALLY AND TO SOME EXTENT
NINE SEVEN TEN POINT THREE. I'M
TO THE ISSUE OF WHETHER OR NOT-
MATTERS ESPECIALLY INVOLVING
WITNESSES SHOULD BE LIVE. THE
CONCURRENCE OF ALL MY COLLEAGUES
ARE THAT THEY SHOULD BE THEY
SHOULD BE LIFE FOR THE REASONS
THAT ARTICULATED THAT IT IS A
SIX MM PROTECTION- WE ARE
COMFORTABLE. HAVING A COURT
EVALUATE THE CREDIBILITY OF ALL
WITNESSES ARE ALIVE WE RECOGNIZE
THAT THERE ARE TIMES WHERE A
COURT MAY. ARE WITHIN CERTAIN
PENAL CODE IN EVIDENCE CODE
PROVISIONS AS WELL AS THE
CALIFORNIA SUPREME COURT RULINGS
MADE PERMIT SOME INDIVIDUALS
UNDER LIMITED INSTANCES IF A
THRESHOLD IS MET. IT THEM TO
TEST REMOTE BUT AS A GENERAL
RULE. WE DON'T BELIEVE THAT THAT
SHOULD BE A GENERAL RULE AS IT
APPLIES TO CRIMINAL MATTERS- I
CAN SPEAK TO THE FACT THAT WE
ALSO HANDLE JUVENILE JUSTICE.
DELINQUENCY MATTERS- I CAN TELL
YOU THAT- WHEN WE TALK ABOUT.
SOME OF THOSE PROCEEDINGS DURING
THE COVERT NINETEEN PERIOD OF
THE EMERGENCY ORDERS WE SAW THE
ACT- THERE WAS A LOT OF
INFORMALITY RELATED TO THAT-
SOMETIMES INDIVIDUALS- WERE
MAKING CALLS FROM PHONE CALLS
FROM PHONES. WHILE DRIVING OUR
AND WE CERTAINLY DO NOT THINK
THAT THAT'S- GOOD FOR THE CAUSE
OF JUSTICE AS IT APPLIES TO
LITIGATION ON ANY MATTER IN THE
CRAWL JUSTICE SERENA. I WOULD
CONCUR WITH MY COLLEAGUES HERE
THAT THERE NEEDS TO BE. IF THERE
ARE REMOTE PROCEEDINGS- REMOTE
PUSHING SHOULD HAVE CERTAIN
GUIDELINES OUR GUIDELINES
RELATED TO ITS USE GUIDELINES
RELATED TO WHO MAY USE IT UNDER
WHAT CIRCUMSTANCES. ARM I ECHO
THE CONCERNS ABOUT ACCESS TO
JUSTICE- I THINK THAT IT'S NOT
JUST ACCESS. OF THE PUBLIC BUT
ESPECIALLY THE LITIGANTS. HI AND
WHEN REMOTE TECHNOLOGY MAY
NEGATIVELY AFFECT THAT. THEN THE
DEFAULT MUST AND SHOULD CONTINUE
TO BE IN THE COURTROOM. I'M D. A
THREE SIXTY SEVEN POINT NINE
WORKING GROUP GAVE A FAIR NUMBER
OF RECOMMENDATIONS- TO THE
LEGISLATURE ABOUT- SOME STANDARD
PRACTICES THAT SHOULD BE
CONSIDERED. I DON'T NEED TO GO
OVER THEM I THINK YOU'VE YOU'VE
HEARD MANY OF THEM BUT I WILL
END WITH BASICALLY THIS IS. WHEN
IT COMES TO THE NEED FOR BEING
IN THE COURTROOM I CAN SAY THAT
WITH THE EXCEPTION OF TWO DAYS
THE SEVENTEENTH AND EIGHTEENTH
IN MY COUNTY. ARE THE REST OF
THE TIME WE WILL LIVE- WE HAD
LAWYERS APPEARING IN COURT. WE
HAD LAWYERS CONTRACT COVERT WALL
IN THE COURT ROOM- WE DID NOT
HAVE JURY TRIALS FOR ABOUT FOUR
MONTHS DURING THE EMERGENCY
ORDERS THAT PROHIBIT JIM. BUT
THE MOMENT THAT THAT ORDER WAS
LIFTED IT REQUIRED US TO GO BACK
TO THAT- PROCESS OF BEING LIVE
IN THE COURT ROOM. I WOULD END
WITH THE SUPREME COURT IN
EDMONTON FORCES LEAST FILL
CEMENT MY COLLEAGUES WHO ARE
PROSECUTORS AND DEFENSE
ATTORNEYS KNOW THE SIGNIFICANCE
OF THAT OUR CASE. IN IN THAT
OPINION THE COURT MADE VERY
CLEAR THAT FEW PLACES OR MORE
WILL EXPRESSION OF THE
CONSTITUTIONAL AUTHORITY OF THE
GOVERNMENT. IN THE COURT ROOM
WHERE THE LAW ITSELF UNFOLDS
WITHIN THE COURTROOM THE
GOVERNMENT GOVERNMENT INVOKES
ITS LAWS TO DETERMINE THE RIGHTS
OF THOSE WHO STAND BEFORE IT IN
FUEL FULL FUEL THE PUBLIC. IN
FOR ME I STILL THINK THAT BEING
ALIVE IN THE COURT ROOM IS THE
BEST PLACE TO HANDLE CRIMINAL
MATTERS. A WE RECOGNIZE THAT
THERE MAY BE A NEED IS A QUICKLY
AS- THE LEGISLATURE HAS SEEN AND
LOCAL SECTION NINE SEVEN SEVEN
FOR SOME LIMITED APPEARANCES.
WITH CONSENT OF THE PARTIES- BUT
WE DON'T SEE GOING FURTHER THAN
THAT. THANK YOU THANK YOU MR
MONK HEALTH. THANK YOU. GOOD
MORNING SURE BOB INCHER A BIRD
I'M STEVEN MARK CAL CURRENTLY
SERVING AS EXECUTIVE DIRECTOR OF
THE CALIFORNIA TEACHERS FOR
CRIMINAL JUSTICE. CCJ IS THE
STATEWIDE ASSOCIATION OF
CRIMINAL DEFENSE ATTORNEYS
INCLUDING PRIVATE COUNSEL PUBLIC
DEFENDERS AND OTHER APPOINTED
ATTORNEYS. I'VE BEEN
REPRESENTING. EXCUSE ME I'VE
BEEN PRACTICING CALIFORNIA FOR
FORTY FIVE YEARS FIRST IN SAN
DIEGO AND CURRENTLY IN NEVADA
CITY. I APPRECIATE THE
OPPORTUNITY TO TESTIFY TODAY.
SPEAKING FOR THE DEFENSE BAR WE
ARE COMMITTED TO THE PRINCIPLE
THAT REMOTE VIDEO PROCEEDINGS
MUST NOT INTERFERE WITH
CONSTITUTIONAL RIGHTS TO DUE
PROCESS. FAIR TRIAL CROSS
EXAMINATION AND CONFRONTATION.
FOR THESE ARE THE TOOLS WHICH
SUPPORT THE ACCURACY AND
RELIABILITY. OF COURT
PROCEEDINGS. IF THE USE OF ABOUT
TECHNOLOGY'S NOT CAREFULLY
LIMITED WE FEAR THE RELIABILITY
OF THE COURTS WILL SUFFER. WITH
MORE INNOCENT PEOPLE CONVICTED
WHILE MORE GUILTY PERSONS GO
FREE. I WILL GIVE A BRIEF
OVERVIEW OF OUR EXPERIENCE WITH
REMOTE TECHNOLOGY AND THEN
OUTLINED SOME PRINCIPLES RETHINK
SHOULD GUIDE LEGISLATION IN THIS
AREA. ALL ATTORNEY CIVIL OR
CRIMINAL APPRECIATE THE ABILITY
TO MAKE ROUTINE SCHEDULING
APPEARANCES AND THE LIKE WITHOUT
DRIVE TIME PARKING FEES AND
BEING TRAPPED IN A COURTROOM FOR
HOURS WHILE OTHER ATTORNEYS
HANDLE THEIR MATTERS. SEVERAL
ATTORNEYS OF HABIT THIS OPTION
FOR DECADES WITH COURT CALL. BUT
DEFENSE ATTORNEYS AND
PROSECUTORS HAVE HAD THE FIRST
TASTE OF THIS OVER THE LAST
THREE YEARS. WHEN THE RIGHTS OF
THE ACCUSED TO BE PRESENT. AND
TO BE PRESENT WITH COUNCIL. ARE
PROTECTED THIS WORKS QUITE WELL.
BUT THE PROCEDURES OF VARIED
FROM COUNTY TO COUNTY AND WE
NEED SOME STATEWIDE. PLAN THAT
THE PEOPLE CAN RELY ON AND APPLY
EVERYWHERE. EXCUSE ME. COURT
APPEARANCES TRIALS EVIDENTIARY
HEARINGS AND LEGAL. ACTIONS POSE
VERY DIFFERENT PROBLEMS THAN
THOSE ROUTINE SCHEDULING
APPEARANCES IN EACH OF THESE
CIRCUMSTANCES THE COURT OR A
JURY IS CALLED UPON TO. EVALUATE
THE CREDIBILITY CHARACTER AND
REASONING OF WITNESSES AND
COUNCIL. IT IS WELL DOCUMENTED
THAT ANY BARRIER BETWEEN PEOPLE
INTERFERES WITH COMMUNICATION.
INCLUDING THE EVALUATION OF
CREDIBILITY. EVOLUTION HAS FINE
TUNED OUR BRAINS FOR JUDGING THE
PERSON ACROSS THE TABLE. BUT NOT
THE PERSON IN ANOTHER CITY
THROUGH A TELEVISION SCREEN. THE
TECHNOLOGY ALSO HAS LIMITS. IF
THERE'S A BAD CONNECTION
EXTERNAL NOISE OR OTHER ISSUES
THEN THE CASE SHOULD COME TO A
HALT BECAUSE WE CANNOT GUARANTEE
THE FAIRNESS AND ACCURACY OF THE
PROCEEDINGS OF THE
COMMUNICATIONS INTERRUPTED. IF
WE CANNOT HEAR A WITNESS FOR
COUNCIL OR THE REPORTER OR
INTERPRETER CANNOT DO THEIR JOB
PROPERLY IN THE CASE- IT'S AND
ITS OUTCOME MAY BE. JEOPARDIZED
WITH THOSE OBSERVATIONS IN MIND
WE HAVE. THREE RECOMMENDATIONS
FOR. THE PRINCIPLES TO M. A. AND
TRYING AND TRYING AND LAW. UP
FIRST AND ACCUSED PERSON SHOULD
NEVER BE REQUIRED OR FORCED TO
APPEAR REMOTELY. A WAIVER OF THE
RIGHT TO BE PHYSICALLY PRESENT
SHOULD ALWAYS BE FREE
INVOLUNTARY. THERE WILL ALSO
NEED TO BE CLEAR STANDARDS TO
PROHIBIT COERCION IN OBTAINING A
WAIVER OF APPEARANCE FOR EXAMPLE
ONE OF THE THINGS WE HAVE SEEN
IS THE JAILER TELLING AN INMATE.
IF YOU GO TO COURT TODAY YOU
LOSE YOUR PRIVILEGES OR YOU LOSE
YOUR HOUSING. THIRTY THREE
SOMETHING TO PREVENT THAT FROM
HAPPENING IN GETTING AWAY FOR.
TWO THERE SHOULD BE A STRONG
PREFERENCE FOR ALL WITNESSES TO
TESTIFY IN COURT WITH THE JUDGE
ATTORNEYS AND DEFENDANT ALL
PRESENT. WHEN IT IS PROPOSED
THAT A WITNESS TESTIFY REMOTELY
IT SHOULD BE ALLOWED ONLY WITH
THE CONSENT OF THE ACCUSERS THIS
IS REQUIRED IN MANY SITUATIONS
FOR THE RIGHT TO CONFRONTATION.
AND THINKING ABOUT CROSS
EXAMINATION WHICH DIDN'T WORK
WERE DESCRIBED AS THE GREATEST
LEGAL ENGINE EVER INVENTED FOR
THE DISCOVERY OF THE TRUTH. A
ROSS EXAMINATION SIMPLY CAN'T
SERVE ITS TRUE PURPOSE FOR
EITHER SIDE OF A CASE IF THE
WITNESS ISN'T IN THE ROOM WITH
THE ATTORNEYS ON THE FACTFINDER
. THIRD IF THERE IS A TECHNOLOGY
PROBLEM OR- OTHER ISSUES DURING
A REMOTE APPEARANCE THERE SHOULD
BE CLEAR DIRECTION HOW IS TO BE
HANDLED. EITHER BY REQUIRING
PERSONAL PRESENCE OR
RESCHEDULING. DELAYS
UNFORTUNATELY OFTEN PUNISH A
DEFENDANT. BUT THE ALTERNATIVE
UNDERMINES THE INTEGRITY. AND
RELIABILITY OF THE PROCEEDINGS.
THANK YOU AGAIN FOR THE
OPPORTUNITY TO TESTIFY TODAY.
CSGN ARE WILLING TO ASSIST IN
ANY WAY AND- CRAFTING THEIR-
GESTURE THANK YOU RULES FOR THIS
ISSUE- ANY MEMBERS WOULD SENATOR
ASHLEY. THANK YOU CHAIR WILL HOP
AND CHAIR- BERG I'M SORRY I'M
RUNNING ONE OF MANY RUNNING
BETWEEN COMMITTEES BUT- I COULD
SEE HOW THIS COULD BE A VERY
DIFFERENT ARGUMENT BETWEEN CIVIL
AND CRIMINAL CASES. BUT LET THE
RECORD REFLECT THAT THE DISTRICT
ATTORNEY THE PUBLIC DEFENDER AND
EVEN THE DEFENSE BAR AGREE. IN
THIS PER PARTICULAR CASE THAT IN
CRIMINAL CASES. WE I EAT IT WAS
VERY COMPELLING WHAT YOU SAID MR
DISTRICT WITH A PUBLIC DEFENDER
LOS ANGELES RIGHT YES. THAT TIME
. GARCIA CORRECT RICARDO GARCIA
THAT OUR NUMBER ONE GOAL HAS TO
BE PROTECTING THE RIGHT OF DUE
PROCESS THAT HAS TO COME FIRST
IN THE- IN CRIMINAL COURT.
THERE'S A LOT ON THE LINE THAT
DOESN'T HAVE ANYTHING TO DO WITH
PEOPLE'S CONVENIENCE. AND THAT
WE CAN'T MAKE CONVENIENCE MORE
IMPORTANT THAN PEOPLE'S FREEDOM
. I CAN SEE HOWEVER AS DEFENSE
COUNSEL MENTIONED THAT THERE
COULD BE SOME INSTANCES THAT
MAYBE WE'VE EVEN LEARNED DURING
ZOOM THAT MIGHT BE HELPFUL I
ALSO AGREE THAT THEY WOULD
PROBABLY BE PRETTY RARE. AND
DIED THAT THEY WOULD REQUIRE
SPECIAL CIRCUMSTANCES I'M
THINKING IN PARTICULAR OF
CHILDREN WHO ARE VICTIMS WHO
POTENTIALLY MAY BE SAFER BY
REMOTE TESTIMONY BUT I THINK A
JUDGE WOULD CLEAR THAT ANYWAY IF
YOU AGREED AND CAME FORWARD WITH
SO I JUST WANT TO THANK YOU GUYS
FOR BEING HERE ON THE PANEL I. I
REALLY WANTED TO JUST SPEAK AND
SAY THAT I'M GLAD THAT WE'RE
HEARING FROM YOU BECAUSE I THINK
YOU'RE SHOWING A VERY DIFFERENT
AND IMPORTANT PART OF THE
DIALOGUE FROM THE CIVIL
DISCUSSION. WHICH IS A VERY
DIFFERENT PROCEEDING. IT'S NOT
ABOUT SOMEBODY GOING TO PRISON
ATTENTION A FOR LIFE AND DATA
NEEDS TO BE THE PRIMARY CONCERN
IN EVERY CRIMINAL CASE IS THAT.
EVERY PRECAUTION IS TAKEN TO
PROTECT PEOPLE'S FREEDOMS AND
MAKE SURE THAT THEY GET A FAIR
AND UNBIASED TRIAL AND I
APPRECIATE VERY MUCH THAT YOU OF
ALL TAKEN THE TIME TO COME i
SACRAMENTO TODAY SO THANK YOU
SENATOR MEANT. I THANK YOU FOR
YOUR TESTIMONY I REALLY ALSO
FOUND IT VERY INFORMATIVE- I
ACTUALLY TOOK THE BAR EXAM LAST
YEAR AND I PASSED WHICH IS WHY I
DIDN'T READ ABOUT IT IN
NEWSPAPERS. YOU KNOW I THINK
WITH THIS OBVIOUSLY REYES
PORTANT QUESTIONS AROUND BASIC
CONSTITUTIONAL RIGHTS WHEN WE
TALK ABOUT. I ANYONE'S POTENTIAL
LIFE LIBERTY AND PURSUIT OF
HAPPINESS AND- YOU KNOW I'VE HAD
A COUPLE QUESTIONS FIRST ARE
THERE ANY CASES RIGHT NOW
WINDING THEIR WAY THROUGH THE
COURTS WHERE YOU MIGHT HAVE
PEOPLE. CHALLENGING THE
CONSTITUTIONALITY OF ANY
SENTENCES THAT WERE HANDED DOWN
BECAUSE ANY PART OR PARTS. OF
THE CIVIL BY THE CRIMINAL
PROCEEDINGS. I USE REMOTE
PERSONS BECAUSE I REALLY COULD
SEE FIFTH AND SIXTH AMENDMENT
CONCERNS BEING RAISED IN
PARTICULAR ON THE RIGHT OF
CONFRONTATION THAT YOU MENTION.
I WAS SOME OF THE CONCERNS AS
WELL AS I MENTIONED THE
FOURTEENTH AMENDMENT EARLIER BUT
I DO THINK THERE'S AN EQUAL
PROTECTION ARGUMENT. THAT PLAYS
IN THIS SO I'M JUST CURIOUS I'M
NOT FOLLOWING THIS AREA BUT BUT
ARE YOU AWARE OF ANY. LITIGATION
THAT MIGHT. PLAY IN WHAT WE'RE
TALKING ABOUT HERE TODAY. I AND
I HAVEN'T HEARD OF ANY
PARTICULAR BUT WE HAVE DISCUSSED
THIS ISSUE AND DURING. THE
PANDEMIC WHEN SOME INDIVIDUALS
FELT THAT THEIR SIX AMIRITE- TO
TRIAL WAS ABROGATED BY. THE- THE
ORDERS THAT WERE PUT IN PLACE IN
THE X. THERE CONTINUES
EXTENSION- THAT THAT MAY BE
TAKEN UP BY. APPELLATE COUNSEL
BUT AS OF TODAY THE RICH THAT WE
FILED IN LOS ANGELES- NONE WERE
SUCCESSFUL AT DURING. THE
PANDEMIC. I AM UNAWARE OF ANY AS
WELL I CAN TELL YOU THAT DURING
THE- HEIGHT OF COVERT THERE WERE
NO JURY TRIALS THAT WERE
OCCURRING. WE DID NOT NONE OF MY
COLLEAGUES- DID. A REMOTE TREE
TRIALS AS WE ALL THINK THAT THAT
WOULD BE POTENTIALLY VIOLATIVE
OF THE SIXTH AMENDMENT- I CAN
SAY THAT- DURING DESPITE
DISPOSITIONAL. HEARINGS WHERE-
CASE SETTLEMENTS OCCURRED AND
DISPOSITIONS OCCURRED. EVEN IN A
REMOTE SETTING- MOST OF OUR
COLLEAGUES WE WORK CLOSELY WITH
THE PUBLIC DEFENDER TO ENSURE.
THAT IF THEY WERE GOING TO HAVE
REMOTE APPEARANCES OF. OTHER
CLIENTS FROM A JAIL FACILITY
THAT THOSE WOULD BE DONE. IN A
WAY IN WHICH- EACH OF THEIR-
CLIENTS HAVE THE ABILITY SPEAK
TO THEIR ATTORNEYS. IF A PLEASE
WAS WORKED OUT AND PAPERWORK WAS
PROVIDED. THAT PAPERWORK BEAT
WOULD BE TRANSIT WOULD BE
COMMENCED IN THE JAILS. AND THEN
SENT TO THE COURTS FOR REVIEW.
SO THAT ARE ALL THE PARTIES
PEOPLE LOOK AT IT BEFORE THE
COURT TOOK THE PLEA- WE TRIED TO
TAKE GREAT CARE DURING THE- A
PANDEMIC TO MAKE SURE THAT THOSE
DISPOSITIONS. OCCURRED AS CLOSE
AS THEY WOULD HAVE BEEN IF THEY
WERE INPUT IN. INCLUDE THE COURT
ROOM LIFE. I THANK YOU AND I HAD
A FOLLOW UP QUESTION- I THINK
THIS IS DIRECTED PARTICULARLY AT
MISTER DARCY ALTHOUGH IT THE
OTHERS CAN ANSWERED AS WELL- YOU
KNOW WHEN WE THINK ABOUT
CRIMINAL PROCEEDINGS ACROSS THE
STATE ACROSS THE COUNTRY ONE OF
THE CHALLENGES THAT WE
OFTENTIMES. TALK ABOUT THIS A
TOP OF MIND IS ADEQUACY OF
REPRESENTATION. WE KNOW THAT
MANY PUBLIC DEFENDER'S OFFICES
ARE SEVERELY UNDERFUNDED-
THERE'S A LOT OF PRESSURE ON
THEM TO SETTLE AND I WONDER IF.
I GUESS MY INSTINCT BUT I
HAVEN'T THOUGHT ABOUT THIS AS
MUCH AS YOU ALL HAVE IS THAT.
WHEN WE HAVE A MORE REMOTE
PROCEEDINGS WHETHER THEY'RE FOR
MISDEMEANORS OR FOR PARTS OF
DIFFERENT PROCEEDINGS- THAT
THERE WILL BE MORE PRESSURE ON.
PD'S TO SETTLE CASES THE MORE
PRESSURE ON THEM- PARTICULARLY
NOT THE GOOD ONES AND I KNOW
THERE'S A LOT OF GOOD ONES OUT
THERE I'VE MANY FRIENDS WHO'RE
PD'S BUT- BUT THERE ARE SOME
FOLKS OUT THERE THAT ARE
OVERWORKED MAY BE CHALLENGED-
AND SO WE DO OFTEN SEE.
INADEQUACY REPRESENTATION
ISSUES- MAYBE NOT AS MUCH IN
CALIFORNIA CERTAINLY AROUND THE
COUNTRY- AND CERTAINLY IN. YOU
KNOW AREAS THAT THEY HAVE- MORE
POVERTY WE SEE THAT AS WELL SO I
GUESS I WAS JUST ONE OF YOU
COULD COMMENT ON THAT AND- AND
DOES THIS MAYBE HAVE SOME IMPACT
POTENTIALLY YOU CAN SEE ON ON
ADEQUACY REPRESENTATION. YET
WITH WITHOUT SORT OF TAKING A
LEFT HAND TURN INTO A MUCH
LARGER TOPIC WITH REGARDS TO THE
APPROPRIATE FOR ADEQUACY OF
RESOURCING THE PUBLIC
DEFENDER'S. ACROSS STATE ACROSS
OUR- OUR OR THE LACK OF
RESOURCES. I WILL SAY THIS
WHENEVER YOU HAVE. SYSTEMS IN
PLACE THAT ARE DESIGNED TO
EXPEDITE THE PROCESS. EXCUSE ME.
THE CONVENIENCE WHETHER IT'S OF
THE BENCH OR OF THE- LAWYERS.
YOU DO HAVE AND AN INCENTIVE FOR
SOMETHING TO GO WRONG WHEN
JUDGES OR TRIAL LAWYERS WHETHER
BE THE PROSECUTORS OR THE
DEFENSE ATTORNEYS WILL SAY THE
ONES WHO MIGHT BE- MORE
SUSCEPTIBLE TO THIS. I FEEL
PRESSURES TO GET THE THINGS
QUICKER. THAN YOU HAVE MORE ROOM
FOR ERROR AND WE DON'T WANT TO
CREATE A PROCESS. WHICH CREATES
A POSSIBILITY OF ERROR- WHEN WE
DON'T HAVE TO. THANK YOU SENATOR
UMBERG. THANK YOU THANK YOU- THE
COUPLE QUESTIONS ONE. WITH
RESPECT TO FIRST TO DEFENSE
COUNSEL IN- BY THE WAY- IN TERMS
OF PRESSURE I OF. HAVING BEEN ON
THE OTHER SIDE OF PUBLIC
DEFENDERS IN CALIFORNIA I THINK
THAT THEY DO AN EXCELLENT JOB
AND I'M NOT SEEING THEM ACTUALLY
FEEL PRESSURED TO EXPEDITE
THINGS. IN ORDER TO GET
SOMETHING DONE- I THINK THE
PRESSURES ARE MORE Q. WITH
RESPECT PRIVATE DEFENSE COUNSEL
BUT JUST AN OBSERVATION. BOB BUT
THERE IS A DISPARITY I THINK
THAT THERE IS A DISPARITY IN
RESOURCES GENERALLY IS SPARED IN
RESOURCE BETWEEN THE DEFENSE.
AND THE GOVERNMENT. IN THE
QUESTION TO OUR DEFENSE COUNSEL
IS OF THE COMMUTER VISION
CIRCUMSTANCES WHERE YOU WOULD
LIKE TO CALL WITNESS ABSENT THE
CONSENT OF THE PROSECUTION SO
LET ME GIVE YOU TWO EXAMPLES ONE
AN ALIBI WITNESSES LOCATED OUT
OF STATE. OR TO AN EXPERT
WITNESSES LOCATED OUT OF STATE
WHERE YOU WANT TO PRESENT THAT
TESTIMONY REMOTELY. MAYBE DONATE
MAYBE CAN'T EVEN ACCESS THAT
WITNESS- BY SUBPOENA- BUT THE
GOVERNMENT SAYS NO YOU MUST
PRODUCE THAT WITNESS AND SO IF
WE'RE GOING TO REQUIRE CONSENT
OF BOTH SIDES CAN YOU ENVISION A
CIRCUMSTANCE WHERE THE COURT
COULD FIND. THAT THAT THE
DEFENSE MAXILLAE CALL WITNESS
REMOTELY OVER THE OBJECTION OF
THE GOVERNMENT. I THINK IS A
CENTER ASHBY INDICATED AND AS
COUNSEL TO GET THERE ARE
EXCEPTIONS WITHIN THE PENAL
CODE. OF THE TO ALLOW THE COURT
TO ASSESS ON A CASE BY CASE
INDIVIDUAL BY INDIVIDUAL
ANALYSIS TO MAKE THE
DETERMINATION. AS TO WHETHER OR
NOT IN THAT SPECIFIC
CIRCUMSTANCE UNDER THAT SPECIFIC
CASE IT'S APPROPRIATE FOR THE
WITNESS TO APPEAR REMOTE WE MOST
OFTEN HEAR THAT WITH REGARDS TO
JUVENILE WITNESSES MINERS. IN
VERY UGLY ABUSE CASES FOR
EXAMPLE WHERE THE COURT FINDS
THAT PARTICULAR MOMENT THE
MINOR. A COULD REPEAT REMOTELY
OR IS PRE RECORDED SUBJECT CROSS
EXAMINATION DURING THAT PRE
RECORDING. ISSUES THE ABILITY TO
CROSS EXAMINE THE WITNESS TO THE
QUEST FOR TRUE SO I THINK IT
WOULD BE A CASE BY CASE. AND THE
PENAL CODE ALREADY PROVIDES A
FOR THOSE EXCEPTIONS. TO THE
EXCEPTIONS WERE DEFENSE WILL
GOVERNMENT OBJECTS TO CALLING A
WITNESS REMOTELY AND YOU SAY. I
DON'T KNOW WE HAVE TO BRING OUR
WOULDN'T THEY HAVE TO BRING THE
WITNESS AND WE CAN WE HAVE TO
BRING A WITH ITS BEEN A LOS I'VE
THE RIGHT GOT OUT OF. BUT SO FOR
LET ME LET TURN TO OTHER COUNCIL
HERE WHERE YOU WANT TO CALL A
WITNESS REMOTELY THE GOVERNMENT
OBJECTS AS WE WILL NOT CONSENT.
OKAY SO THERE'S A LINE OF U. S.
SUPREME COURT CASES WHICH
BASICALLY SAYS. IF THERE'S A
CRITICAL NEED FOR THE DEFENSE TO
PREVENT A PARTICULAR WITNESS.
THAT NEED OVER RULES STATE RULES
OF EVIDENCE AND PROCEDURE. SO
THAT THE HEARSAY RULE FOR
EXAMPLE. MAY BE PASSED OVER. IF
THE DEFENSE DEMONSTRATES THE
REAL NEED. SO THERE IS A
CONSTITUTIONAL BASIS TO OVERCOME
A STATUTE THAT CREATES THE KIND
OF BARRIER. AND PROBLEM THAT
YOU'RE DESCRIBING. HOWEVER AN
INDIVIDUAL CASE. ARGUING THE
CONSTITUTION ALLOWS ME TO
OVERRULE THE STATUTE. WITH THE
TRIAL COURT JUDGE. IS NOT LIKELY
TO SUCCEED VERY OFTEN. SO WOULD
BE BEST TO HAVE SOME WAY THAT
THE COURT. IN WITHIN THE
STATUTORY FRAMEWORK THAT THE
COURT HAS SOME. DISCRETION BASED
ON THE SAME PRINCIPLES THAT ARE
IN THE IN THE CONSTITUTIONAL LAW
SOAPS IS WE'RE GONNA.
POTENTIALLY RIGHT THE LAW- I
WANT UNDERSTAND YOU CORRECTLY.
YOU'RE SUGGESTING THAT WE SHOULD
PROVIDE. FOR OPPORTUNITIES FOR
DEFENSE TO CALL WITNESSES
REMOTELY IF THE COURT MAKES
CERTAIN FINDINGS IS THAT.
ACCURATE YES. LET ME TURN OUT TO
GARCIA. CENTER I'M NOT. I'M NOT
SURE YET I HAVE A DISCOMFORT
WITH THE GENERAL IDEA OF NOT
PROVIDING THOSE WITNESSES IN
COURT FOR THE REASONS WE
PREVIOUSLY DESCRIBED. I KNOW
THERE ARE OTHER
CONSTITUTIONALLY. EXEMPTIONS TO
THAT BUT AGAIN THE ARGUMENT WITH
THE WITH A SEPARATE COURT JUDGE
DOESN'T GO VERY FAR WHEN YOU
WHEN YOU THROW THE COST IS A
LARGE OBJECT. I WOULD HAVE TO
LOOK AT THAT MORE I WANT TO
CANDIDATES HAVE TO LOOK AT THAT
MORE CAREFULLY I WANT TO ANSWER
THAT OFF THE- CUFF. AND SPEAK
FROM MY COLLEAGUES IN THAT
RESPECT. HE STILL HAS A LOT OF
QUESTIONS. I JUST WANT TO SAY I
THINK THAT'S A REALLY REALLY
CRITICAL QUESTION I'M GLAD
YOU'RE ASKING IT. I HOPE YOU
WILL THINK ABOUT IT BECAUSE I
THINK THAT'S KEY WHEN WE REWRITE
THIS I THINK THAT WOULD BE
NECESSARY TO INCLUDE. TO PROVIDE
THE JUDGES THE OPPORTUNITY TO
HEAR THE ARGUMENT WITHOUT
DEFENSE HAVING TO USE THE
SUPREME COURT DECISION. NUMBER
K. FIVE. IT'S TO YOUR SPECIFIC
QUESTION NINE SEVEN SEVEN POINT
THREE WOULD PROHIBIT. ARM A
DEFENSE ATTORNEY CALLING A
WITNESS AT PRESENT AS CURRENTLY
STATED. A WITHOUT THE APPROVAL
THE DISTRICT ATTORNEY RIGHT
WHICH I. DISAGREE ARE AND I DO
BELIEVE THAT- MODIFICATIONS
SHOULD BE MADE TO NINE SEVEN
SEVEN POINT THREE. B. THAT
PERMIT CERTAIN ALREADY
CONSTITUTIONALLY RECOGNIZED
EXCEPTIONS AND STANDARDS. ARE
MOST NOTABLY MARYLAND VERSUS
CRAIG WHICH ALLOWS A COURT TO
MAKE THAT EVALUATION WHETHER OR
NOT. A WITNESS MAY APPEAR
REMOTELY IN A LIMITED INSTANCE
BUT THERE'S A BURDEN OF PROOF
THAT'S REQUIRED THERE. AND IN
PEOPLE VERSUS POWELL FOR
EXAMPLE- THAT WOULD WORK THAT IS
ABUSED HER DISCRETION OF YOU SO
THERE'S A REVIEW PROCESS READY
IN PLACE HERE IN CALIFORNIA. IF
THAT OCCURS HOWEVER THAT'S NOT
CURRENTLY IN. NINE SEVEN SEVEN
POINT THREE. ALL RIGHT WELL. IF
A DEFENSE COUNSEL THINKS IS
APPROPRIATE FOR US TO PROVIDE
THE OPPORTUNITY FOR THE COURT
WITHOUT REVERTING TO
CONSTITUTIONAL ARGUMENTS. IN IN
THE CODE TO MAKE CERTAIN
FINDINGS WOULD BE INTERESTED AS
TO WHAT YOU THINK THE CRITERIA
SHOULD BE. THE THANK YOU THANK
YOU- WE'RE GONNA MOVE ON TO OUR
NEXT PRESENTATION- SO I THINK
YOU GUYS FOR YOUR PARTICIPATION-
OUR FOURTH PANEL WILL DISCUSS
THE USE OF REMOTE TECHNOLOGY IN
CRIMINAL PROCEEDINGS FROM COURT
OPERATIONS STANDPOINT. SO I WILL
BE CALLING THE HONORABLE MARIA
LUCY. ARVIN DERIS JUDGE OF THE
SUPERIOR COURT OF CALIFORNIA FOR
THE COUNTY OF LA. OUR SECOND
PANELIST IS HONORABLE LAWRENCE
BROWN JUDGE OF THE SUPERIOR
COURT OF CALIFORNIA FOR THE
COUNTY SACRAMENTO. AND OR THIRD
PANELIST WILL BE COREY SELLS THE
LOW THE LEGISLATIVE DIRECTOR OF
THE CALIFORNIA STATE SHERIFFS
ASSOCIATION- I WILL START WITH
YOU. ON A BILL ARMENDARIZ. GOOD
MORNING STELLA MEMBERS OF THE
COMMITTEE MY NAME IS LUCY ARMAND
ERIS I'M OBJECTION L. A. COUNTY
I'M ALSO A MEMBER OF JUDICIAL
COUNCIL. AND I'M ALSO A MEMBER
OF THE ACT CALIFORNIA ACCESS TO
JUSTICE COMMISSION- BUT FOR ME
IT'S A LITTLE BIT OF A HOME WE
CALL HOME HOMECOMING SO TO SPEAK
I USED TO. SET UP THEIR WERE
MERRY KENNEDY SITTING WHERE I
WAS THAT ATTORNEY AND PUBLIC
SAFETY I WAS ALSO AN ATTORNEY IN
THE ASSEMBLY PUBLIC SAFETY-
BEFORE WAS APPOINTED JUDGE I WAS
THE CHIEF OF STAFF TO THE SENATE
MAJORITY LEADER. FOLKS HERE IN
THE SENATE IS WHERE I GREW UP SO
TO SPEAK AND I. REMEMBER BEFORE
I LEFT TO ALWAYS REMEMBER- TO DO
THE RIGHT THING AND TO NEVER
EVER FORGET THE CONSTITUENTS WE
SERVE. AND IN THAT VEIN I WILL
SAY THAT THE REMOTE PROCEEDINGS
IS ABOUT. EQUAL ACCESS TO
JUSTICE IF. THE BRIDGE PERSONAL
REQUESTS END AND I WAS ASKED TO
SPEAK ABOUT MY- EXPERIENCE AS A
CRIMINAL JUDGE AND L. A. COUNTY
AND I WOULD SAY. THAT FOR ME I
WOULD I'VE BEEN ABLE TO USE
REMOTE PROCEEDINGS- TO ENSURE
THAT EQUAL. JUSTICE IS IN BOB
FOR EVERYBODY INVOLVED IN THE
CRIMINAL JUSTICE SYSTEM FOR
EXAMPLE SOME PEOPLE ARE ORDERED
TO APPEAR IN MY COURTROOM IN
DOWNTOWN LA. AT EIGHT THIRTY IN
THE MORNING FOR ARRAIGNMENT.
GETTING TO DOWNTOWN FROM
ANYWHERE IN L. A. COUNTY CAN
EASILY TAKE AN HOUR DURING
TOUGH. TOUGH TRAFFIC COMMUTES.
THAT IS FURTHER EXASPERATED BY
PEOPLE WHO USUALLY DO NOT HAVE A
CAR OR HAVE ACCESS TO PUBLIC
TRANSIT. PARKING FEES ARE
ASTRONOMICAL IN L. A. COUNTY-
AND OF COURSE WE ALL FEEL THE
PAIN OF THE GAS PRICES. BUT IF
THEY'RE NOT IN DOWNTOWN LA BY
EIGHT THIRTY IN MY COURTROOM I
HAVE TO ISSUE A BENCH WARRANT
FOR THEIR ARREST. THAT FURTHER
IT CRIMINALIZES IS ALREADY
VULNERABLE POPULATION. THE
ABILITY TO PARTICIPATE REMOTELY
IF THE QUEUES ALSO HELPS TO
MAINTAIN EMPLOYMENT THEY MEET
FELKER OBLIGATIONS. THEY TAKE
CARE OF THEIR ELDERLY RELATIVES
I'M GIVING THEM THE TO REMOTE
ALLOW HIM TO. THEIR COURT. WITH
HAVING TO SPEND THEIR ENTIRE DAY
GETTING TO COURT AND THEN
WAITING. TO BE HEARD- AS YOU CAN
IMAGINE A TYPICAL DAY IN MY
COLUMN HAS HUNDREDS OF CASES I'M
IN ORDER TO RUN IT EFFICIENTLY-
I NEED. THAT TOOL TO THE
ASSEMBLY SOME PEOPLE APPEAR
REMOTELY AND I DON'T HAVE TO
NECESSARILY- HEAR FROM THEM. AND
I'M- IN A- IN PERCENT- I HAVE
SEEN REMOTE PROCEEDINGS
INCREASED PARTICIPATION OF
PARTIES WITNESSES AND OTHER
JUSTICE PARTNERS SUCH AS MENTAL
HEALTH PROVIDERS. IN THE
COLLABORATIVE CORDS- THERE WERE
THERE GETTING TREATMENT THEY CAN
APPEAR REMOTELY IF EVERYBODY'S
I'M- DOING GREAT BILLS WILL
APPEAR AS PART OF THE PROGRAM
THE PROGRAM APPEARS REMOTELY-
ALL THE PEOPLE THAT WERE ORDERED
TO HAVE SERVICES. ARE THERE
REMOTELY AND IF THEY'RE DOING
WELL WE JUST SAY YOU KNOW KEEP
UP THE GOOD WORK WE'RE PROUD OF
YOU. IF THEY'RE NOT DOING WELL
IF THEY HAVE A DIRTY TEST THEN
WE WILL SAY YOU ARE ORDERED TO
COME TO COURT TO ORDER I'M
FIGURE OUT WHAT THE BETTER STEPS
TO. GIVE THEM BETTER SERVICES SO
IN THAT SENSE THIS IS. ACCESS TO
JUSTICE ISSUE- BUT IT'S ALSO A
REMINDER THAT THIS WAS THE LAW
IT GIVES THE COUPLE OF YEARS AGO
THIS WAS ALL THESE JUSTICE
PARTNERS IT WAS DEFENSE
ATTORNEYS CRIMINAL- PROSECUTORS
THE SHERIFF'S. THERMAL AND WE
ALL AGREED THAT HAVING REMOTE AS
AN OPTION I'M NOT FOR TRIALS
NEVER FOR TRIALS- IS A GOOD TOOL
AND REMOTE IN THAT SENSE IT IS
WORKING BUT I THINK I AGREE THAT
FOR EVERYTHING IT SHOULD NOT
HAPPEN. FOR EVERY SINGLE ONE IN
THE JUDICIAL COUNCIL DOES ALSO
SUPPORT THAT ROOM MOVE
PROCEEDINGS TO HAVE ITS PLACE IF
NOT FOR. EVERYTHING ALL
PRECEDING. THANK YOU JUDGE
BROWN. THANK YOU THE MORNING
MA'AM SURE MEMBERS OF MAINE'S
LARRY BROWN IN THE SUPERVISING
JUDGE OF THE COLLABORATIVE
COURTS FOR AT THE SACRAMENTO
SUPERIOR COURT. I ALSO SERVE AS
THE CHAIR OF THE JUDICIAL
COUNCIL'S CLIMATE JUSTICE COURT
. COMMITTEE WHERE I SPEND TIME
WITH THE LIKES OF JUDGE MANLEY
FROM SANTA CLARA JUDGE CREE
RIVER LAWRENCE COUNTY. PRESIDING
JUDGE SMILEY FROM ALAMEDA COUNTY
AND THE LIKE. AND I CAN ASSURE
YOU THAT WE ARE ALL UNIVERSALLY
IN SUPPORT OF HAVING ONGOING
AUTHORIZATION. FOR REMOTE
PROCEEDINGS IN OUR COLLABORATIVE
IN DIVERSIONARY. COURTS. BOB MY
TENTH YEAR PRESS AT OVER THE MAN
HEALTH TREATMENT COURT IN SAN.
CA RIGHT NOW IT'S CORPS THREE.
THE FELONY MENTAL HEALTH. CASES
VETERANS CORPS REENTRY COURT D.
D. Y. A TREATMENT COURT FOR.
REPEAT OFFENDERS. YOU'RE
UNLIKELY TRADITIONAL COURTS FOR
THE FOCUS IS ON WHAT TO THE
PERSON DO. IN COLLABORATIVE
COURTS OF COURSE IT'S ABOUT WHO
IS THE PERSON. AND WHAT CAN BE
DONE TO ADDRESS SOME OTHER
UNDERLYING CHALLENGES IN LIVING
LIFE IN THE COMMUNITY THAT'S
MENTAL HEALTH OR SUBSTANCE
ABUSER HOUSING INSTABILITY. IN
THESE COURTS I THINK ONE MOST
SIGNIFICANT FEATURES IS THIS. WE
SUSPEND TIME OVER THEM. AND THEY
HAVE TO MAKE REGULAR APPEARANCES
IN OUR COURTROOM. TO GRADUATE MY
MENTAL HEALTH COURT FOR EXAMPLE
SIX AT LEAST A YEAR. OF
SUCCESSFUL PARTICIPATION WILL
HAVE SEEN THAT PERSON TWENTY TO
TWENTY FIVE TIMES DURING THAT
YEAR. BECAUSE THAT'S PART OF THE
TREATMENT MODALITY IS THAT WE
ARE THERE TO SUPPORT THIS PERSON
TO ADDRESS THEIR NEEDS. TO THE
TOPIC AT HAND. CERTAINLY WE WERE
ALL REALLY LIKE EVERYBODY ELSE
HOW ARE WE GOING TO DO
COLLABORATIVE COURTS WHEN THE
PANDEMIC CAT. AND THERE IS A
FIRM COMMITMENT THAT WE WERE
GOING TO HAVE THE COLLABORATIVE
COURTS CONTINUE BECAUSE RURAL
LIFE LINE. UP FOR THE FOLKS WHO
ARE IN OUR COURTS- IS WORKED OUT
SO MUCH BETTER. THE AMERICAN
ANTICIPATED IT WASN'T JUST
MAKING THE BEST OF A BAD
SITUATION FOR EXAMPLE I'VE
ALWAYS MADE A PRACTICE THAT I
LEARNED ABOUT PERSONAL DETAILS
OF EACH THE PARTICIPANTS IN MY
COURTS. THEIR PETS THEIR
CHILDREN THEIR HOBBIES WHATEVER
IT MIGHT BE. AND DURING BIRTH
REMOTE TECHNOLOGY NOW. WE MEET
THEIR TODDLER CHILD WE SEE THEIR
CAT LITERALLY IN VETERANS COURT.
A PUPPY OR A DOG TRYING TO GIVE
BIRTH TO ITS PUPPIES WE WATCHED
AS PUPPIES WERE BEING BORN. I
KNOW IT'S A LITTLE
UNCONVENTIONAL COLLABORATIVE
COURTS ARE UNCONVENTIONAL FOR A
REASON. IS THAT WE ARE SHOWING
THAT WE VALUE THE PERSONS IN OUR
COURT. AND SO NOW WITH HAVING
THIS KIND OF HYBRID APPROACH. IT
HAS BEEN IMMENSELY POPULAR WITH
THE PARTICIPANTS IN OUR COURT.
THEY ARE HAVE THE OPTION TO COME
IN AT THE LIKE. OF IT MOST MOST
OF THEM CHOOSE TO APPEAR
REMOTELY BECAUSE THE SOME OF THE
VERY ISSUES THAT YOU'VE HEARD
HERE TODAY THEY HAVE A CHILD TO
TAKE CARE OF AN ELDERLY PARENT
TO TAKE CARE OF. THEY HAVE A
MINIMUM WAGE JOB IS VERY
DIFFICULT TO GET GO DOWN TO
DOWNTOWN AGAIN GO SEE JUDGE
BROWN WE'RE AS THEY CAN ZOOM IN
DURING THEIR BREAK AND WE
COORDINATE TO MAKE SURE IT'S
THEIR BREAK TIME WILL CALL OTHER
CASE RIGHT NOW. ONE AND DONE AND
THEY'RE GONE JUST YESTERDAY MY
MENTAL HEALTH DIVERSION MATTER A
YOUNG MAN. WHO HAS HAD A LOT OF
DIFFICULTIES RECENTLY HAD BEEN
HOSPITALIZED RECENTLY IS BACK
OUT HOW HIS MOTHER BROUGHT HIM
TO COURT DEVELOPING DISABLED
AND- HAS SCHIZOPHRENIA. AND HE'S
BEEN DOING BETTER. AND SHE ASKED
AS SHE WAS LEAVING SHE TURNED TO
ME AND SAID. COULD BE APPEARANCE
ROOM NEXT TIME. I SAID YES SO
THE LOOK ON HER FACE SAID. THANK
YOU FOR ALLOWING THAT. SO I
WOULD JUST SAY THIS THANK YOU.
FOR AUTHORIZING THE LEGISLATION
ALLOWED THIS TO KEEP GOING I
LOOK FORWARD TO. PROVIDING
WHATEVER IN BUT WE CAN PROVIDE
AS YOU CRAFTY- ONGOING LAW THANK
YOU. DIRECTOR SELLS LOW. AND I'M
SURE MISTER CHAIR THANK YOU FOR
THE OPPORTUNITY- I'M COREY CELLS
ARE LOW THE LEGISLATIVE DIRECTOR
FOR THE CALIFORNIA STATE
SHERIFFS ASSOCIATION- NOT SURE
WHAT I DID TO. BE ABLE TO SIT
NEXT TO THESE TWO- FIND
INDIVIDUALS BUT HONORED- TO BE
DOING SO- ANYHOW. GENERALLY
SPEAKING- CALIFORNIA TEACHERS
ASSOCIATION HAS BEEN SUPPORTIVE
OF HAVING ACCESS TO REMOTE
PROCEEDINGS- IN CERTAIN
CIRCUMSTANCES BECAUSE OF THE
FLEXIBILITY THAT IT PROVIDES-
AND THE REDUCTION IN THE AMOUNT
OF. TRANSPORTATION AND MOVEMENT
THAT REQUIRES FOR INCARCERATED
PERSONS TO COURT. AS TO THE
GENERAL QUESTION OF HOW THIS IS
WORKING- I HAVE TO SAY THAT YOU
KNOW WITH FIFTY EIGHT COUNTIES
IT OBVIOUSLY VARIES. AND I WOULD
SAY THAT GOES FOR HOW MUCH IS
BEING USED WHETHER OF TECHNOLOGY
AND INFRASTRUCTURE AVAILABLE-
ARE THERE AVAILABLE STAFFING
RESOURCE ON THE SHARE SITE THAT
DOES VERY BY COUNTY WE HEAR-
FROM SOME COUNTIES THAT. IT'S
GOING JUST FINE- IN OTHER
COUNTIES THE CONCERN IS HAVING
THE STAFF BOTH- WHAT ARE
CONSIDERED TO BE FULLER CLOSE TO
FULL CALENDARS. FROM BOTH IN
PERSON AND REMOTE PERSPECTIVE SO
A PRETTY WIDE RESPONSE- AGAIN
DURING THE PANDEMIC WE WERE MORE
READILY ABLE TO CONVERT TO
REMOTE FOR SEATING BECAUSE STAFF
WHO WORKED. WHO WOULD OTHERWISE
BE WORKING- PHYSICALLY IN
COURTS- COULD SUPPORT THE REMOTE
PROCEEDINGS THE WORKLOAD NEEDS
TO TRANSPORTATION OF
INCARCERATED PERSONS THAT SORT
OF THING. AND AS THE COURTS HAVE
OPENED THERE ARE EXPECTATIONS IN
SOME COUNTIES THAT SHERIFF'S
FULLY STAFFED BOTH IN PERSON AND
REMOTE REMOTE COURT PROCEEDINGS.
SO WITHOUT OBJECTING TO THAT
WOULD JUST NOTE THE REALITIES OF
THOSE CHALLENGES- AND WE'RE
CERTAINLY DESIROUS OF HAVING THE
AUTHORITY TO DO BOTH- TO
CONTINUE BOTH SOME COUNTIES HAD
THAT CHALLENGE WITH STAFFING
BOTH MOTIONS IN. A ROBUST MANNER
AND- I WOULDN'T BE DOING MY JOB
IF I DIDN'T TAKE THIS
OPPORTUNITY TO ACKNOWLEDGE THAT
THE FUNDING PROVIDED BY THE
STATE- TWO SHERIFFS TO PROVIDE
COURTROOM SECURITY SERVICES. HAS
NOT KEPT PACE WITH THE COST OF
ACTUALLY PROTECTING THE STATE
COURTS. LASTLY FINALLY AS WE'VE
NOTED IN PRESSURE SITUATIONS
WERE CONCERNED ABOUT THE
POSSIBILITY THAT- CERTAIN CIVIL
PROCEEDINGS CHIEF AMONGST THEM
CIVIL COMMITMENTS INCOMPETENT
STAND TRIAL PROCEEDINGS WOULD
NOT BE ALLOWED TO HAPPEN
REMOTELY WITHOUT THIS OPTION
PATIENTS WOULD LIKELY BE NEEDED.
WOULD NEED TO BE TRANSPORTED
FROM- STATE HOSPITAL- TO THE
COUNTY JAIL SO THEY CAN APPEAR
IN COURT IN THE SERVICE TO
INTERRUPT- THE MEANINGFUL
TREATMENT THEY'RE RECEIVING-
INCREASE UNNECESSARY DRAINS ON
PERSONAL TRANSPORTATION
RESOURCES. SO HOPE THAT'S
HELPFUL A TO ANSWER ANY
QUESTIONS AND THANK THE
OPPORTUNITY THANK YOU I JUST
WANNA REMIND CA MEMBERS WE ARE
OVERTIME SO IF YOU GUYS HAVE
QUESTIONS PLEASE BE CONCISE IF
YOU GUYS NEED INFORMATION-
PLEASE ASK FOR A FOLLOW UP. ANY
QUESTIONS. SENATOR UMBERG. AND
REMOTE ACCESS IS SCHEDULED TO
EXPIRE AT THE END OF JUNE JUST
IT IF EACH OF YOU COULD BRIEFLY
COMMENT ON WHAT IMPACT THAT
WOULD HAVE. TERMS OF YOUR
PRACTICE ACCESS TO JUSTICE IT'S
SUCH A THAT'S POINT ONE POINT
TWO. IS THAT AND I DID NOT ASK
TO SEE JUDGE ANDERSON IS STILL
PRESENT I DID NOT ASK HER. TO
COMMENT ON THE- GATHERING OF
DATA BY JUDICIAL COUNCIL
JUDICIAL COUNCIL AS WAS
REQUIRED. WILL GATHER DATA AND
REPORTED BACK TO LEGISLATURE OF
SURVEYS IT'S SET UP- AND I WOULD
ASK THAT THAT BE CIRCULATED WE
CAN DO THAT WILL CIRCULATED TO
OF THE COMMITTEE MEMBERS SO THAT
THEY CAN SEE THE EMPIRIC. DATA
THAT YOU'VE COLLECTED SO THANK
YOU JUDGE ANDERSON BACK TO THE
PANEL. I THINK I'M EXTENDING THE
SUNSET FOR REMOTE CRIMINAL
PROCEEDINGS IS EXTREMELY
IMPORTANT FOR THE COURTS ARE ONE
OF OUR TOP PRIORITIES BECAUSE WE
HAVE. THEME THAT IS SUFFICIENT-
IT IS. OPTION I'M TO GIVE A TOOL
TO THE PARTICIPANTS IF THEY WANT
TO PARTICIPATE- FOR US WE THINK
THAT IT IS ONE OF OUR HIGH
PRIORITY. BILLS WE LOOK FORWARD
TO WORKING WITH YOU AND YOUR WE
THANK YOU FOR YOUR LEADERSHIP
AND- OFFERING- S. B. ONE TWENTY
TWO THAT ARE. TWENTY TWO SB
TWENTY TWO FIVE AND WE LOOK
FORWARD TO WORKING WITH YOU BUT
FOR US WE DO FEEL LIKE WE IT IT
IS A TOOL THAT WE LIKE TO KEEP
IN AND IT DOES WORK AND- I AGREE
THAT. I DISAGREE THAT THERE IS
NOT- TECHNOLOGY ISSUES THERE IS
EVERY AND WE'RE STILL LEARNING
WE'RE ON MUTE YOUR OFF MUTE I'M-
THAT STILL COMES WITH THE
ETIQUETTE OF LEARNING HOW TO DO
THIS BUT I THINK WHAT I'M WITH
GETTING BETTER EVERY DAY WE GET
BETTER FROM. THE FLEA FROM
TWENTY TWENTY WHEN. WE DIDN'T
KNOW HOW TO ON MUTE AND MUTE
THAT SORT OF THINGS- BUT IT IS A
HIGH PRIORITY FOR JUDICIAL
COUNCIL. I JUST SAY THE BEST
THING I ACQUIRED DURING THE
PANDEMIC WAS A MUG THAT SAYS
YOU'RE ON MUTE. I WAS ABLE HOLD
THAT ON THE SCREEN FOR PEOPLE
APPEARING ON REMOTELY THAT WAS
BEAUTIFUL. IT WOULD BE A
PROFOUND CHANGE WORRY TO LOSE
THIS ABILITY I. IN A GIVEN WEEK
I MIGHT HAVE WELL OVER A HUNDRED
PERSONS JUST IN MY MENTAL HEALTH
COURT IN MENTAL HEALTH DIVERSION
MATTERS. AT LEAST THREE QUARTERS
OF THEM APPEAR REMOTELY OF
COURSE IF WE HAVE TO DO IT WILL
GO BACK TO THE OLD DAYS. THEY
CAN ALL COME IN THE IMPACT IT
HAS ON THEIR LIVES AND THEIR
PROVIDERS RIGHT NOW THEY CAN GO
TO THEIR PROVIDERS. COURT
APPEARANCE ALL THE SAME TIME SO
WE HAVE TO. UNDO SO MUCH OF THAT
PROGRESS HAS BEEN MADE WILL
ADAPT IF WE IF WE HAVE TO BUT IT
WOULD BE A DRAMATIC IT WOULD BE
A DRAMATIC CHANGE. CRITICALLY
FOR THE PEOPLE SUFFERING FROM OF
THE SERIOUS MENTAL ILLNESS. MR
FROM SOME COUNTIES PERSPECTIVE I
THINK IT WOULD BE HELPFUL. AS
MUCH AS THEY'RE BEING ASKED TO
TRY TO STAFF BOTH. REMOTE AND IN
PERSON PROCEEDINGS I THINK FROM
OTHER COUNTIES PERSPECTIVE. IT
WOULD BE- DAMAGING- TO HAVE TO
BE INSTEAD OF ALLOWING FOR
REMOTE APPEARANCES TOO. TOUGH TO
PHYSICALLY TRANSPORT
INCARCERATED PERSONS TO THE
COURT APPEARANCES SO WITHOUT
BEING MEALY MOUTH STUFF AND THE
GOOD VERY BUT- WOULD HAVE
IMPACTS. THEY YOU SENATOR ASHLEY
. THANK YOU TRY TO BASIS. FOR
CAROL HOW. AT YEAH BROWN IT'S SO
NICE TO SEE. AND THAT ACTUALLY.
THEY YOU. AND IT'S NICE TO HEAR
FOR. THE JUDGES THAT THE
ARRANGEMENTS AND THE SPECIALTY
COURTS ARE REALLY DOING WELL I
CAN IMAGINE THAT I WORKED. AS
JUDGE BROWN NOSE I WORKED AN
ARRAIGNMENT COURTS IN SACRAMENTO
COUNTY AND I CAN I CAN SEE NOW
THINKING BACK NOW HOW THAT MIGHT
HAVE BEEN HELPFUL TO BE ABLE TO
HAVE A ROOM SPECIALLY. I CAN
IMAGINE LA AT EIGHT O'CLOCK IN
THE MORNING BECAUSE IT IS REALLY
CHALLENGING AND THAT WHEN YOU'RE
IN A PUBLIC DEFENDER SEE YOU'RE-
PRAYING THEY FIND A PARKING SPOT
AND GET IN THERE IN TIME SO. I
COULD SEE THAT PIECE I WAS ALSO
REALLY GLAD TO HEAR YOU BOTH
TALK ABOUT THE FACT THAT FOR.
THE ACTUAL TRIALS IS JUST A NON
STARTER I THINK THAT'S REALLY
IMPORTANT THAT WE PROTECT THAT.
JUDGE BROWN MY QUESTION FOR YOU
IS REALLY TWO FOLD ONE IS AND I
THINK I JUST WANT TO HEAR YOU
SAY IT OUT LOUD. WHEN YOU SEE
FOLKS ON ZOOM PROP THIRTY SIX
MENTAL HEALTH DRUG DIVERSION
WHICHEVER COURT. AND YOU HAVE
YOUR YOUR JUDGE SENSES TELL YOU
THAT PERHAPS YOU'D LIKE TO SEE
THEM IN PERSON NEXT TIME ARE YOU
DOING THAT IS THAT HAPPENING AND
ARE THE OTHER JUDGES DOING IT AS
WELL. ON THAT YES. WE WILL
ABSOLUTELY IT FOR TRYING TO SAYS
LAWTONS WILL HAVE THAT SENSE
SENATOR- BY THE TEAM REPORTS
THAT WE RECEIVED IN BEFORE I
TAKE THE BENCH. AS A WILL.
INVESTING START TO APPEAR THE
BABY THERE AND THE INFLUENCE OF
NOT TAKING ANY MEDICATION RIGHT
NOW. THE NOT STAYING AT THEIR
HOUSING. IS A ONCE YOU ONCE YOU
COME IN. ALL RIGHT FOR THE NEXT
FOR NEXT COURT APPEARANCE WE CAN
KIND OF. SEE HOW THINGS REALLY
ARE IN POTENTIALLY. RIGHT THE
SHIP WE MAY HAVE THEM DO THAT.
FOR SEVERAL CONSECUTIVE OF.
CASES SO THAT THEY CAN GET RE
STABILIZE THINGS ARE GOING WELL.
AND THEN WE SORT OF REWARD THEM.
WITH AN OPTION OF GOING OKAY
ZOOM THAT JUST GIVES ME A LEVEL
OF COMFORT TO HEAR YOU SAY IT
OUT LOUD I ASSUME BUT- I THINK A
CARROT AND STICK APPROACH STATE.
THE PEOPLE WHO ARE JUST STARTING
THE PROGRAM THEY SEE THE OTHER
PEOPLE WHO ARE DOING WELL HEY
THEY DON'T HAVE TO COME IN. IF I
A WELL. I'M AND I'LL SAY IT OUT
LOUD. MR SO AND SO YOU'VE DONE
SO WELL I DON'T HAVE TO SEE YOU
AGAIN. I'M FOR TWO MONTHS AND I
DON'T HAVE TO SEE YOU AND TELL.
THEM THAT MANY COULD COME EVERY.
AND MAKE A LOT OF SENSE FOR PROP
THIRTY SIX FOR DIVERSION FOR
MENTAL HEALTH AND I THINK THAT'S
GOOD. MY LAST QUESTION FOR BOTH
OF YOU JUDGES. IS I CAN HEAR
ANECDOTALLY. YOU FIGHTING WHICH
I LOVE THIS I LOVE HEARING THE
JUDGES FIGHT ANECDOTALLY FOR THE
PEOPLE YOU'RE. TRYING TO HELP I
REALLY DO. BUT WHY ARE YOUR
HOPES THE- OUTCOMES ARE THEY
BETTER I'M SURE THE- OF. ARE
HIGHER. BUT IS COME. OF DIVERSE.
HIGHER IS COMPLETION OF MENTAL
HEALTH TREATMENT SERVICES HIRES
COMPLETION. OF PROP THIRTY SIX
HIGHER WERE IS ABOUT THE SAME. I
DON'T HAVE THAT DATA AT ALL BUT
I WOULD. THINK ANECDOTALLY IT
FEELS LIKE IT'S BETTER WE'RE
OKAY WE'RE AT LEAST. KNOWING HOW
TO CONTACT THEM. OF BEING HAVING
SOME INFORMATION ABOUT WHERE
THERE WERE ABOUT TO HAVE BEEN
THERE. THE MORE ABOUT- HELPS BUT
I DON'T HAVE THAT DATA. OKAY NOR
DO I MEAN THE DIMINISH WE MAY
HAVE SEEN IN SOME OF THEIR
GRADUATION RATES FOR DURING THE
PANDEMIC. AND IT WAS IN PART
BECAUSE OF THE TRAUMA AT THE
EXTRA LEVEL OF TRAUMA THAT THEY
WERE PAROLED EXPERIENCING BUT
FOR A PERSON. WHO SCHIZOPHRENIC
OR WHAT HAVE YOU THEIR WORLD IS
THAT MUCH MORE DISRUPTED. AND SO
IT WAS HARDER I THINK FOR THEM
TO MEET MAYBE SOME OF THE
BENCHMARKS TO GRADUATE- ONE OF
THESE PROGRAMS ARE BE ABLE TO
KIND OF KEEP EVERYTHING.
TOGETHER BUT AS IT STANDS NOW I
HAVEN'T SEEN ANY DIMINISH AND
SUCCESS RATES GRADUATION RATES.
I'VE GOT SEVERAL GRADUATES
COMING THIS AFTERNOON OF ALL
DONE IT WITH THE REMOTE HYBRID
PROCEEDINGS. SO I HAVEN'T SEEN
IT BEING. A PROBLEM WOULD BE
INTERESTING TO KNOW SOME
STATEWIDE STATS ON THAT TO ME WE
CAN FIND THAT WAS THE OLD WILL
HAVE USUAL COUNTS. THAT'S ON AND
GET BACK TO YOU THANK. THANK YOU
THANKS JUDGE- I DO. ALL OF YOU
GUYS JUST- IN HONEST IF YOU GUYS
ANY. INFORMATION YOU GUYS ONE.
TO US SEND IT TO US- I WILL BE
INVITING THE NEXT PANEL- AND
HANDING IT OVER BACK TO. SENATOR
UMBERG THANK YOU. THANK YOU SIR
WHAT. ALL RIGHT. NOW THE PANEL
FOR. CONCERT CORPORATE. BILL WE
TOUCH ON THIS A LITTLE- EARLIER
BUT WE HAVE- MIS KERR- CHIEF. IN
RESEARCH. WITH COUNCIL. STACEY
GAS. A COURT REPORTER FROM SAN
OF SUPERIOR AND- MEMBER SEIU LOW
FIVE TWO ONE- JENNIFER WAGNER
DIRECTOR OF PROGRAMS FAMILY
VIOLENCE APPELLATE PROJECT
STEPHANIE LESLIE. PRESIDENT
CALIFORNIA DEPOSITION REPORTERS
ASSOCIATION AND THE CEO OF REGAL
COURT REPORTING WELL AS YVONNE
FENNER EXECUTIVE OFFICER COURT
REPORTERS BOARD- WE DON'T HAVE
ROOM FOR ALL OF YOU UP HERE SO
WHY DON'T WE FIRST TAKE MISS
CURRENT. MISS GASKELL IN MISS
WAGNER AND THEN WILL HAVE- MISS
LESLIE AND MISSED THAT ARE
STANDING BY SO. ALL RIGHT. LET'S
START WITH YOU MISS CURRENT
GOOD. THANK YOU- GOOD MORNING-
MISTER CHAIR AND MEMBERS OF THE
COMMITTEE MY NAME IS SHELLY KERR
AND I'M THE CHIEF POLICY AND
RESEARCH OFFICER FOR THE
JUDICIAL COUNCIL. I APPRECIATE
THIS THE OPPORTUNITY THIS
MORNING TO SPEAK WITH ALL OF YOU
ABOUT COURT REPORTERS AND THE
IMPORTANCE OF A VERBATIM RECORD
AND COURT PROCEEDINGS. IN HIS
TWENTY EIGHTEEN DOES JAMISON
VERSUS DESTA OPINION THE
CALIFORNIA SUPREME COURT SAID
THAT THE ABSENCE OF A VERBATIM
RECORD OF THE TRIAL COURT
PROCEEDINGS WILL OFTEN HAVE A
DEVASTATING EFFECT OF LITIGANT'S
ABILITY TO HAVE AN APPEAL
DECIDED ON THE MERITS. IN
CALIFORNIA THE VERBATIM RECORD
IS CAPTURED AND TRANSCRIBED
EXCLUSIVELY BY CERTIFIED
SHORTHAND REPORTERS IN CASE
TYPES WHERE COURT REPORTER IS
REQUIRED AND ELECTRONIC
RECORDING IS PROHIBITED. COURT
REPORTERS ARE REQUIRED IN FELONY
AND JUVENILE PROCEEDINGS HERE.
ELECTRONIC RECORDING IS NOT
AUTHORIZED EXCEPT IN LIMITED
CIVIL MISDEMEANOR INFRACTION
PROCEEDINGS. WHEN A COURT
REPORTER IS NOT AVAILABLE.
PARTIES MAY ARRANGE FOR THE
SERVICES OF A COURT REPORTER AND
OTHER CASE TYPES. AND PORTS MUST
PROVIDE AN OFFICIAL COURT
REPORTER IN CIVIL CASES WHEN A
PARTY WITH A FEE WAIVER REQUEST
ONE AND THE PRECEDING CANNOT BE
OTHERWISE ELECTRONICALLY
RECORDED. THERE ARE FOUR
THOUSAND FIVE HUNDRED AND
SEVENTY SIX CALIFORNIA LICENSE
COURT REPORTERS RESIDING IN THE
STATE AS OF JANUARY TWENTY
TWENTY THREE. ACCORDING TO THE
CALIFORNIA DEPARTMENT OF
CONSUMER AFFAIRS DATA BETWEEN
FISCAL YEAR THIRTEEN FOURTEEN
AND FISCAL YEAR TWENTY TWENTY
ONE. THE NUMBER OF TOTAL
LICENSEES HAS DECLINED SEVENTEEN
POINT 1% AND THE NUMBER OF
APPLICATIONS TO BECOME A COURT
REPORTER HAS DECLINED SIXTY
SEVEN POINT 2% COURTS EMPLOY
APPROXIMATELY TWELVE HUNDRED
FULL TIME EQUIVALENT COURT
REPORTERS. TO MEET MINIMUM
REQUIREMENTS ALL CASES WHERE
COURT REPORTERS REQUIRED AN ER
IS NOT AUTHORIZED IT'S ESTIMATED
THE CALIFORNIA COURT MAY NEED UP
TO AN ADDITIONAL SIX HUNDRED AND
FIFTY FULL TIME REPORTERS. AND
COURTS ARE RECRUITING. IN A
RECENT SURVEY 75% OF COURSE
REPORTED THAT THEY'RE ACTIVELY
REPORTED RECRUITING FOR COURT
REPORTERS. THE RECENT STATE
BUDGET THE PEOPLE MENTIONED
EARLIER APPROPRIATED THIRTY
MILLION DOLLARS IN ONGOING
FUNDING FOR TRIAL COURTS TO
INCREASE THE NUMBER OF COURT
REPORTERS AND FAMILY AND CIVIL
CASES. WITH THESE FUNDS SOME
COURTS OFFER INCREASED SALARIES
SIGNING BONUSES RETENTION OR
LONGEVITY BONUSES AND STUDENT
LOAN FORGIVENESS INCENTIVES. AS
A RESULT OF THESE EFFORTS COURTS
HAVE HIRED FORTY SIX REPORTERS
SINCE JULY ONE TWENTY TWENTY
TWO. BUT UNFORTUNATELY OVER A
THIRD OF THESE REPORTERS CAME
FROM OTHER COURTS. EVEN MORE
TROUBLING IN THE SAME TIME
PERIOD NINETY SEVEN COURT
REPORTERS LEFT THEIR POSITIONS.
THIS ISN'T REPRESENTS A NET LOSS
OF FIFTY ONE. REPORTERS FROM
THEIR POSITIONS. M. WE HAVE A
CONCERN THAT THE NUMBER OF COURT
REPORTERS IS GOING TO CONTINUE
TO DECLINE. THE NATIONAL COURT
REPORTERS ASSOCIATION REPORTED
THAT THE AVERAGE AGE OF ITS
COURT REPORTER MEMBERS IS
APPROXIMATELY FIFTY FIVE YEARS
OLD AS OF JUNE THIRTIETH TWENTY
TWENTY TWO. IN CALIFORNIA
APPROXIMATELY 44% OF ALL ACTIVE
LICENSES WERE ISSUED AT LEAST
THIRTY YEARS AGO. ONLY EIGHT
COURT REPORTING PROGRAMS
RECOGNIZED BY THE STATE REMAIN
OPEN. LICENSING IS ALSO A
CHALLENGE ONLY THIRTY NINE NEW
LICENSES WERE ISSUED STATEWIDE
IN FISCAL YEARS TWENTY TWENTY
ONE. NOVEMBER TWENTY TWENTY TWO
OF THE EIGHTY ONE INDIVIDUALS
WHO APPLIED TO TAKE THE SKILLS
PORTION. OF THE CERTIFIED
SHORTHAND REPORTER EXAM ONLY 25%
PASSED. I DO WANT TO NOTE IT WAS
MENTIONED EARLIER THAT VOICE
READING RECENTLY BECAME
AUTHORIZED IN CALIFORNIA. IT'S
OUR UNDERSTANDING THAT ELEVEN
INDIVIDUALS HAVE APPLIED TO TAKE
THE EXAM. AND THE FOR
INDIVIDUALS WHO HAVE ACTUALLY
TAKEN IT TO COURT TATIAN PORTION
OF THE EXAM HAVE ALL PASSED. I
ONLY CAUTION WITH THIS GLIMMER
OF HOPE IS THAT WE DON'T KNOW
WHERE THESE INDIVIDUALS WILL GO
TO WORK. ONCE THEY ARE FULLY
LICENSED AND THIS BRINGS ME TO
MY FINAL POINT AND THAT IS
COMPETITION WITH THE PRIVATE
MARKET IS A SERIOUS CHALLENGE
FOR THE COURTS. INTO A SURVEY
COMPLETED BY FIFTY CONSUMER
ATTORNEYS IN THE STATE. THEY PAY
ON AVERAGE. TWENTY FIVE TWO
THOUSAND FIVE HUNDRED AND EIGHTY
DOLLARS PER DAY FOR A
DEPOSITION. THREE THOUSAND THREE
HUNDRED DOLLARS PER DAY WITH A
TRIAL FOR HIGH. WE SAW A HIGH
NUMBER OF TEN THOUSAND IT WAS
ALSO REFERENCE FOR SOME OF THE
EARLIER- PANELISTS. IN JAMESON
B. TEST DIDN'T JUST SAID B.
JAMISON EXCUSE ME THE CALIFORNIA
SUPREME COURT SAID THAT THE LACK
OF A VERBATIM RECORD. WILL
FREQUENTLY BE FATAL TO A
LITIGANT'S ABILITY TO HAVE AN
APPEAL DECIDED ON THE MERITS. IN
PREPARATION FOR THIS HEARING LOS
ANGELES SUPERIOR COURT PROVIDED
DATA ON THE NUMBER OF CIVIL
PROBATE AND FAMILY LAW HEARINGS
DURING JANUARY AND FEBRUARY OF
THIS YEAR. WE'RE NO FORBIDDEN
RECORDS WERE CREATED BECAUSE A
COURT REPORTER WAS NOT AVAILABLE
TO CAPTURE AND TRANSCRIBE THE
HEARING. TWENTY SIX THOUSAND
EIGHT HUNDRED AND SEVENTY FOUR
UNLIMITED CIVIL RECORD. HEARINGS
HAD NO RECORD. FOURTEEN THOUSAND
FIFTY TWO FAMILY LAW HEARINGS
HAD NO RECORD. ELEVEN THOUSAND
TWENTY ONE PROBATE HEARINGS HAD
NO RECORD. SO IN JUST TWO MONTHS
LOS ANGELES HAD NEARLY FIFTY TWO
THOUSAND CIVIL FAMILY LAW AND
PROBATE HEARINGS WHERE THERE IS
NO VERBATIM RECORD. IF THIS
CONTINUES OVER THREE HUNDRED
THOUSAND HEARINGS IN THOSE CASE
TYPES WILL BE HELD IN L. A.
COUNTY WITH NO VERBATIM RECORD
THIS YEAR. CERTIFIED SHORTHAND
REPORTERS ARE THE PREFERRED WAY
TO PROVIDE THIS RECORD THANK YOU
MISCONFIGURED WRAP UP BUT THE
NUMBER OF COURT REPORTERS IS NOT
KEEPING PACE WITH THE NEED. AND
THIS THREATENS ACCESS TO JUSTICE
FOR ALL CALIFORNIANS ESPECIALLY
LOW INCOME ONES THANK YOU THANK
YOU. THIS GASKILL. GOOD MORNING
. MY NAME IS STACY GASKILL. I'VE
BEEN A LICENSED COURT REPORTER.
FOR TWENTY SEVEN YEARS WITH THE
PAST TWENTY FOUR BEING EMPLOYED
BY THE CEMETERY COUNTY SUPERIOR
COURT AS AN OFFICIAL COURT
REPORTER. I AM A MEMBER OF SEIU
FIVE TWO ONE AND I'M HERE ON
BEHALF OF COREY PORTER'S
REPRESENTED BY SEIU STATEWIDE.
WHEN YOU TALK ABOUT THE
AVAILABILITY OF COREY PORTERS
IT'S IMPORTANT TO ACCURATELY
DEFINE THE ISSUES COURTS
ACTUALLY FACE IT IS A
RECRUITMENT AND RETENTION ISSUE
. ACCORDING TO THE JUDICIAL
COUNCIL WEBSITE THERE ARE TWO
THOUSAND ONE HUNDRED AND SEVENTY
FIVE BENCH OFFICERS SOME OF WHOM
DON'T REQUIRE A COURT REPORTER.
ACCORDING TO A RECENT REPORT BY
THE CALIFORNIA COURT REPORTERS
BOARD THERE ARE SIXTY FIVE
HUNDRED ACTIVE LICENSE COURT
REPORTERS IN THE STATE. THERE
ARE PLENTY OF CAR IMPORTERS IN
CALIFORNIA TO COVER EVERY BENCH
OFFICER SO WHY ARE COURT
REPORTERS CHOOSING NOT TO COME
WORK FOR THE TRIAL COURTS. TO
ANSWER THIS HISTORY AND CONTEXT
ARE IMPORTANT. DURING THE GREAT
RECESSION MOST TRIAL COURTS MADE
THE DECISION TO LAY OFF THEIR
CIVIL AND FAMILY LAW REPORTERS.
IN AN EFFORT TO SAVE MONEY
DESPITE THE FACT THAT GOVERNMENT
CODE SECTION SIX EIGHT OH EIGHT
SIX ALLOWS COURTS TO CHARGE THE
PARTIES A FEE FOR THE ACTUAL
COST OF PROVIDING A COURT
REPORTER EMPLOYED BY THE
SUPERIOR COURT. THESE FEES ALLOW
COURTS TO RECOUP THE COSTS AND
EMPLOYMENT CIVIL AND FAMILY LAW
REPORTERS AND AT THE SAME TIME.
PROVIDE LITIGANTS AND UP AND
AFFORDABLE WAY TO OBTAIN A COURT
REPORTER AND A VERBATIM RECORD
HOWEVER VERY FEW COURTS USE
THEIR AUTHORITY TO COLLECT THESE
FEES. THE STATUE ALSO PROVIDES
FEE WAIVERS OF THESE CUTS COSTS
FOR INDIGENT LITIGANTS
GOVERNMENT CODE SECTION SIX
EIGHT OH EIGHT SIX POINT ONE
ESTABLISHED THAT THIRTY DOLLARS
FROM CERTAIN CIVIL FEES BE SET
ASIDE AND ALLOCATED TO COURTS
THAT ACTUALLY EMPLOY HELLO
REPORTERS. TO INCENTIVIZE THE
AREAS. WE ARE UNCLEAR WHETHER
THIS MONEY IS BEING COLLECTED
FROM COURT USERS EVEN EVERY
REPORTER IS NOT PROVIDED TO THEM
AND WE DON'T KNOW. IF THE MONEY
IS BEING DISTRIBUTED BACK TO
COURTS EMPLOYING CIVIL REPORTERS
. WHEN CIVIL AND FAMILY
REPORTERS WERE LAID OFF THE NEED
FOR THEM DID NOT GO AWAY INSTEAD
A PRIVATE MARKET WAS CREATED
WHERE DEMAND DICTATED COSTS.
THESE COSTS CAN RANGE ANYWHERE
FROM FIVE HUNDRED DOLLARS TO ONE
THOUSAND DOLLARS PER PARENTS
PLUS TRANSCRIPT FEES EVEN IF THE
PARENTS IS FIFTEEN MINUTES.
TRIAL COSTS FOR A PRIVATELY
RETAINED REPORTER CAN COST UP TO
FOUR THOUSAND DOLLARS A DAY OR
MORE. PLUS TRANSCRIPT FEES IN
CONTRAST AS AN ALMOST TWENTY
FIVE YOUR EMPLOYEE I. MAKE
APPROXIMATELY FIVE HUNDRED
DOLLARS A DAY. AND JUST AS A
SIDE NOTE THAT IS ON THE HIGHER
SPECTRUM FOR A SALARY FOR A
COURT REPORTER- SO YOU CAN
UNDERSTAND THE LURE. OF THE
PRIVATE MARKET ADDITIONALLY MANY
COURTS HAVE NOT BEEN EXACTLY
FRIENDLY TO COURT REPORTERS THE
COURTS ARE CONSTANTLY ACTING TO
ELIMINATE OUR JOBS AND PUBLICLY
CALLING FOR THE EXPANSION OF
ELECTRONIC RECORDING. JUST THIS
PAST NOVEMBER FIFTY FOUR COURT
EXECUTIVE DIRECTOR SIGNED A
PRESS RELEASE DECLARING A
SHORTAGE OF COURT REPORTERS
CITING OUTDATED STATISTICS AND
ASKING THE LEGISLATURE TO EXPAND
THE USE OF ELECTRONIC RECORDING.
ON TOP OF THIS MOST COURTS HAVE
DONE VERY LITTLE TO ACTUALLY
RECRUIT AND RETAIN REPORTERS
DESPITE THE LEGISLATURE GIVING
THEM THIRTY MILLION DOLLARS IN
ONGOING DEDICATED DOLLARS TO DO
SO. IN THE FIRST YEAR OF FUNDING
TWENTY TWENTY ONE. NOT ONE COURT
SPENT THEIR FUNDS. IN TWENTY
TWENTY TWO THE MONEY WAS
ALLOCATED IN SEPTEMBER AND SOME
COURTS LIKE MINE. ACTED QUICKLY
AND IN GOOD FAITH TO RECRUIT AND
RETAIN COURT REPORTERS WE NOW
HAVE THREE APPLICANTS AND ONE
HAS BEEN I HIRED. OTHER SEIU
REPRESENTED COURTS HAVE BEEN
EXTREMELY RELUCTANT TO SPEND
THESE FUNDS OR HAVE ONLY AGREED
TO SPEND A PORTION IN WAYS THAT
ARE NOT MEANINGFUL. MEANINGFUL
TO ACTUALLY RECRUIT AND RETAIN
REPORTERS. IN SEPTEMBER OF
TWENTY TWENTY TO THE VOICE
WRITING LICENSURE LAW TOOK
EFFECT. BOYS WRITERS USE VERBAL
SHORTHAND TO CREATE A TRANSCRIPT
MUCH LIKE STENOGRAPHIC COURT
REPORTERS USE WRITTEN SHORTHAND.
BOYS AND STENOGRAPHIC STUDENTS
CAN NOW ATTEND SCHOOL ONLINE AND
TAKE THEIR TESTS ONLINE SCHOOLS
ALL OVER THE NATION ARE FILLING
WITH VOICE WRITING STUDENTS WHO
HAD A 90% RETENTION RATE. VERSUS
STENOGRAPHIC WRITERS WHO HAVE A
10% RETENTION RATE SINCE THE
MASS LAYOFF OF COURT REPORTERS
BE BETWEEN TWO THOUSAND NINE AND
TWO THOUSAND TWELVE WORK NEEDS
TO BE DONE. TO RESTORE COURT
REPORTER CONFIDENCE THAT NOT
ONLY IS IT SAFE TO WORK FOR A
TRIAL COURT BUT THE JOB IS
ATTRACTIVE. COURTS SIMPLY NEED
NEED TO BE MORE COMPETITIVE WITH
THE PRIVATE MARKET. YOU HAVE
BEEN CLEAR IN YOUR PRIORITIES
AND INVESTMENTS AN OFFICIAL
COURT REPORTERS WE KNOW LICENSE
REPORTERS ARE OUT THERE COURT
REPORTING SCHOOLS ARE FULL OF
VOICE WRITING STUDENTS ON THE
POOL REPORTER CANDIDATES IS
GROWING. BUT YOUR ACTIONS NEED
TIME TO PAY OFF. IT'S ONLY BEEN
IN THE PAST SIX MONTHS WE'VE
SEEN COURTS START USING THEIR
FUNDS TO RECRUIT AND RETAIN
REPORTERS SINCE THE VOICE
WRITING AND SINCE THE VOICE
WRITING LICENSURE LAW TOOK
EFFECT. THANK YOU FOR YOUR TIME
AND COMMITMENT TO OFFICIAL COURT
REPORTERS. YES I AM HERE TODAY-
I'M THE DIRECTOR OF PROGRAMS AT
FAMILY BONDS A PILOT PROJECT AS
A CALIFORNIA STATE BAR FUNDED
SUPPORT CENTER WE DIRECTLY
SUPPORT THE WORK OF LEGAL AID
AND PRO BONO ATTORNEYS
THROUGHOUT THE STATE.
REPRESENTING SURVIVORS OF ABUSE
IN CIVIL COURT EVERY DAY. AS A
CALIFORNIA OFFICE OF EMERGENCY
SERVICE FUNDED LEGAL ASSISTANCE
GRANTEE WE WORK WITH DOMESTIC
VIOLENCE SEXUAL ASSAULT AND
HUMAN TRAFFICKING COUNCILLORS
SUPPORTING THEIR CLIENTS WHO
REPRESENT THEMSELVES IN CIVIL
COURT SEEKING PROTECTIVE ORDERS.
FAMILY LAW ORDERS AND COURT
ORDERED PROTECTION FOR
THEMSELVES AND THEIR CHILDREN.
COURT DECISIONS IMPACT
VULNERABLE COMMUNITIES IN
PROFOUND WAYS WHAT DO YOU GET A
RESTRAINING ORDER WHETHER YOU
GET CHILD OR SPOUSAL SUPPORT
WHETHER YOU'RE AFFECTED WHETHER
YOUR DEBTS CAN BE DISCHARGED
BECAUSE THEY WERE CAUSED BY
ABUSE TO QUICKLY NAME A FEW.
HOWEVER YOUR ACCESS TO JUSTICE
DEPENDS ON YOUR INCOME LEVEL. IF
YOU ARE POOR AND KNOW ABOUT IT
YOU CAN ASK FOR A FREE COURT
REPORTER UNDER JAMISON VERSUS
DESTA. HOWEVER RE PREPARED IN
CALIFORNIA TODAY TO COME BACK
OVER AND OVER AGAIN UNTIL A
COURT REPORTER IS ACTUALLY
AVAILABLE. IF YOU ARE WEALTHY
YOU CAN AFFORD AN ATTORNEY WHO
WILL HIRE A PRIVATE COURT
REPORTER FOR YOUR COURT
PROCEEDINGS. WE'VE HEARD HERE
TODAY THE COST OF THOUSANDS OF
DOLLARS EVERY DAY JUST TO HAVE
THE REPORTER THERE WITH YOU. IF
YOU FALL IN THE MIDDLE IF YOU
REPRESENT YOURSELF OR IF YOU
DON'T KNOW YOU CAN ASK FOR FREE
COURT REPORTER. IN THE VAST
MAJORITY OF KOREANS TODAY THERE
WILL NOT BE ANY RECORD OF WHAT
HAPPENED AT YOUR HEARING. IN
CALIFORNIA'S ADD JUSTICE FUTURES
COMMISSION REPORT FIFTY FOUR
FIFTY SEVEN OF THE STATE'S
COURTS REPORTED TO THE CHIEF
JUSTICE OF THE SUPREME COURT.
19% WERE NEVER PROVIDING A
CORPORATE OR FAMILY LAW
PROCEEDINGS. 35% WERE NEVER
PROVIDING A REPORTER IN PROBATE
PROCEEDINGS. AND 35% WERE NEVER
PROVIDING A COURT REPORTER AND
OTHER KINDS OF CASES- AS WAS
MENTIONED IN NOVEMBER OF TWENTY
TWENTY TO FIFTY FOR THE FIFTY
EIGHT COUNTY. COURT CEOS PUT OUT
A PRESS RELEASE THEY ARE TRYING
TO HIGHER COURT REPORTERS BUT
THEY CANNOT- IN L. A. SUPERIOR
COURT AT THIS POINT WE'RE TOLD.
IT'S IMMINENT THE DOMESTIC
VIOLENCE PROCEEDINGS WILL HAVE
COURT REPORTERS. SANTA CLARA
COUNTY ANNOUNCED IN TWENTY
TWENTY THEY COULDN'T PROVIDE
CORE REPORTERS AND ANY NON
MANDATED CASE INCLUDING CIVIL
FAMILY LAW AND PROBATE. SAN
DIEGO COUNTY MADE A SIMILAR
ANNOUNCEMENT IN NOVEMBER OF
TWENTY TWENTY ONE. WE'VE HEARD
FROM ADVOCATES AND IMPERIAL AND
LASSEN COUNTY IS THAT THEY HAVE
NO CIVIL COURT REPORTERS AT ALL.
ADVOCATES A LAST SUMMER TOLD THE
COURT DOES NOT HAVE A PLAN IN
PLACE OF SOMEONE ACTUALLY MAKES
THE JAMISON REQUEST FOR FREE
COURT REPORTER. SHASTA COUNTY
HAS RESORTED TO ELECTRONICALLY
RECORDING FELONY CRIMINAL TRIALS
WHICH IS CLEARLY ILLEGAL. BUT
THE COURT OF APPEALS NOT TAKING
THE RATES ON THOSE CASES BECAUSE
A RECORD IS IMPORTANT. WE F. UP
HERE EVERY DAY ABOUT THE COURT
REPORTER SHORTAGE AND THE
DANGEROUS AFFECT HAS FOR
SURVIVORS OF ABUSE. SURVIVORS
ARE MAKING ARRANGEMENTS FOR
CHILDCARE TRANSPORTATION TIME
OFF WORK THEY'RE STEALING
THEMSELVES TO TESTIFY ABOUT THE
VIEWS THAT THEY HAVE ENTERED.
THEIR SHOWING UP TO COURT AND
BEING TOLD THERE IS NO COURT
REPORTER TODAY. YOU CAN COME
BACK THREE OR FOUR WEEKS FROM
NOW AND TRY AGAIN. THEY ARE
COMING BACK ONCE OR TWICE AND
THEN THEY'RE GIVING UP. AND THE
LEGAL AID ATTORNEYS AND
ADVOCATES WHO SUPPORT THEM. ARE
AT A LOSS TO TELL THEM TO DO
SOMETHING OTHERWISE BECAUSE IT
IS JUST TOO DIFFICULT. A RECORD
MATTERS I SPEAK FREQUENTLY WITH
TRIAL COURT ATTORNEYS AND ASK
THEM WHAT HAPPENED A COURT WITH
YOUR CLIENT IS THIS WORTH
APPEALING. THEY DON'T REMEMBER
AND THEY ARE TRAINED
PROFESSIONALS TO GO TO COURT
EVERY DAY- THE VAST MAJORITY OF
LITIGANTS IN FAMILY COURT
MATTERS YOURSELF REPRESENTED.
WHEN THEY LEAVE COURT THEY OFTEN
DON'T FULLY RECALL EVERYTHING
THE JUDGE ORDERED. THEY DON'T
KNOW WHY IN ORDER IS MADE OR
DENIED THE JUDGE REFUSED CHILD
SUPPORT BECAUSE THEY DON'T
DESERVE IT. OR BECAUSE THEY FELT
THE WRONG PAPERS. THE JUDGE
ANOTHER RESTRAINING ORDER
BECAUSE OF USED DIDN'T HAPPEN.
OR BECAUSE YOU JUST DON'T NEED A
RESTRAINING ORDER RIGHT NOW. IT
MAKES A REAL DIFFERENCE WHEN YOU
GO BACK TO COURT LATER ON. IF
THERE IS ABUSE OR IF THERE WAS
AN ABUSE- IN ALL LIKELIHOOD WHEN
PEOPLE GO BACK TO COURT THE
JUDGE THEY SEE IS NOT THIS JUDGE
I SAW THE FIRST TIME THAT
THEY'RE TRYING TO MODIFY CUSTODY
ORDER. MODIFIED RESTRAINING
ORDER GET THE OTHER PROTECTIONS
THEY NEED. LITIGANTS WHO NEED TO
REDUCE THE JUDGE'S RULING TO
WRITING. TO HAVE IT IN FORCE
DON'T HAVE A WAY OF FIGURING OUT
WHAT THAT RULING WAS. THIS IS A
CRISIS. JUST LAST WEEK THE
CALIFORNIA JUDGES ASSOCIATION
THE CONSUMER ATTORNEYS OF
CALIFORNIA AND THE CALIFORNIA
CIVIL DEFENSE COUNSEL
ASSOCIATION SENT A LETTER.
URGING THE LEGISLATION TO TAKE
ACTION. I CHECKED OUT COURT
REPORTER JOB BOARDS THEY'RE FULL
OF POSITIONS OFFERING THOUSANDS
OF DOLLARS IN BONUSES THE DATA
SHOW UP AND DO DEPOSITIONS. BUT
WHERE DOES THAT LEAVE OUR COURTS
- THE CCP THREE SIXTY SEVEN
POINT NINE COMMISSION IT'S BEEN
MENTIONED HERE BEFORE HAD BEEN A
REPORT WITH TWENTY ONE
RECOMMENDATIONS. A LOT OF THEM
FOCUSED ON RETAINING. GETTING
MORE COURT REPORTERS. GIVING
THEM WHAT THEY NEED BUT AT THE
SAME TIME. WE NEED TO HAVE A
RECORD AND ALL HEARINGS. THIS IS
NOT AN EITHER OR IT'S GOT TO BE
IN AND SOLUTION. THANK YOU.
THANK YOU MISS WAGNER WE'VE-
ACTUALLY BEEN JOINED BY MISS
LESLIE AND- MISS CENTER NOW. SO
LET ME TURN TO MISS LESLIE. YES
ALL RIGHT THANK YOU. I THINK
IT'S- I THINK IT'S STILL MORNING
GOOD MORNING- CHAIRS MEMBERS
THANK YOU VERY MUCH FOR THE
OPPORTUNITY TO BE HERE- FIRST I
WANT TO THANK CHAIRMAN NUMBER.
FOR YOUR LEADERSHIP ON ISSUES
AFFECTING MY PROFESSION- YOU
FIRST AUTHORED SB TWO FORTY ONE
WHICH WE'VE TALKED ABOUT IT AT
LENGTH ABOUT FIRM REGISTRATION
AND ALSO S. B. ELEVEN FORTY SIX
REGARDING REMOTE DEPOSITION.
REPORTING MY NAME IS STEPHANIE
LESLIE AND PRESIDENT ELECT OF
THE DEPOSITION THE CALIFORNIA
DEPOSITION REPORTERS
ASSOCIATION. WE'RE THE ONLY
TRADE ASSOCIATION IN THE STATE
EXCLUSIVELY REPRESENTING
FREELANCE COURT REPORTERS. I'M
ALSO WORKING CALIFORNIA CSR AND
CEO OF REGAL COURT REPORTING
WE'RE A MID SIZE REPORTER OWN
FIRM LOCATED IN ORANGE COUNTY.
AND WE'VE BEEN IN OPERATION
SINCE TWO THOUSAND SEVEN. AND WE
PROVIDE LICENSED IN ORDER FOR IS
OF THE HIGHEST QUALITY TO
ATTORNEYS AND OTHERS WHO NEED
THE SERVICES OF A COURT REPORTER
FOR THEIR DEPOSITIONS. ALSO
PRIVATE HERB ARBITRATIONS PUBLIC
MEETINGS AND IN COURT WHENEVER
THERE ISN'T AN OFFICIAL
PROVIDED. AS YOU PROBABLY KNOW
OUR INDUSTRY IS MADE UP OF
OVERWHELMINGLY WOMEN AND SMALL
BUSINESSES. AND I AM PLEASED TO
BE HERE TO ADDRESS THIS TOPIC A
FREELANCE COURT REPORTER
AVAILABILITY SO THANK YOU FOR
THE OPPORTUNITY- FIRST A
REGARDING GETTING JOBS COVERED
WE ARE GETTING JOBS COVERED I'M
JUST SPEAKING. ON MY OWN BEHALF
AND MY FIRM WE ARE GETTING JOBS
COVERED IT IS HARDER THAN IT
USED TO BE IN FOR ME AND MY
COLLEAGUES BUT WE'RE GETTING IT
DONE- I'M ABLE TO SERVE MY
CLIENTS WITH QUALIFIED HUMAN
REPORTERS FOR THEIR HEARINGS
TRIALS AND DEPOSITIONS. AND GOOD
NEWS WE'VE TALKED ABOUT THIS AS
WELL THAT MORE HELP IS ON THE
WAY IN THE FORM OF VOICE
WRITERS. SO MISTER CHAIR YOUR
BILL DID MAKE IT POSSIBLE AND IS
CONTINUING TO MAKE IT POSSIBLE
FOR ME TO RETAIN A REPORTER. FOR
AND WEST LA DEPOSITION ON FRIDAY
AFTERNOON IN HORRIBLE TRAFFIC
FROM SAY FRESNO OR BARSTOW. SO
THAT IS A LOT OF HELPING WITH
OUR WITH OUR PROBLEM- BUT
SECONDLY- THERE ARE TWO THINGS
THAT COULD BE DONE TO IMPROVE
AVAILABILITY THAT HAVE NOT BEEN
SUGGESTED YET. ONE IS SOMETHING
THAT COULD BE DONE RIGHT AWAY.
ASSEMBLY IT'S COMMONPLACE FOR
MULTIPLE FREELANCE REPORTERS TO
SHOW UP IN COURT FOR THE VERY
SAME LINE MOTION AND TRIAL
MATTER. IF THERE IS A LINE
MOTION MATTER FOR EXAMPLE THAT
MEANS THAT YOU MAY HAVE MULTIPLE
REPORTERS NEEDLESSLY SITTING
AROUND THE COURTROOM. DURING THE
WHOLE CALENDAR WHEN YOU REALLY
ONLY NEED ONE. AND THE OTHERS
COULD BE OUT COVERING OTHER
JOBS. REQUIRING THE PARTIES TO
MEET AND CONFER ISN'T AN OPTION-
AND MAKING THEM SETTLE ON A
SINGLE REPORTER FOR THE DAY. FOR
IN COURT MATTERS WOULD
IMMEDIATELY FREE UP A
SIGNIFICANT NUMBER OF OUR
REPORTERS FOR OTHER JOBS. US
SECONDLY THE NUMBER OF COURT
REPORTING PROGRAMS HAS
DRAMATICALLY DECLINED IN OUR
STATE OVER THE LAST DECADE BY
HALF. AND OUR PROFESSION IS A
VERY GOOD ONE FOR HIGH SCHOOL
GRADUATES WITHOUT COLLEGE
DEGREES. YET COMMUNITY COLLEGES
ARE OFFERING FAR FEWER COURT
REPORTING PROGRAMS THAN THEY
ONCE DID. RESPECTFULLY WHILE DRA
OUR DEPOSITION REPORTERS
ASSOCIATION AND OUR SISTER TRADE
ASSOCIATIONS ARE GOING TO JOB
FAIRS. GOING TO CAREER DAYS TO
PROMOTE REPORTING WHICH IS A
TRULY EXCELLENT WELL PAYING
RESPECTED PROFESSION FOR SOMEONE
WITH A HIGH SCHOOL DIPLOMA. WE
RUN INTO A BRICK WALL WHEN THERE
ISN'T A PROGRAM AVAILABLE FOR
THEM AT THEIR LOCAL COMMUNITY
COLLEGE. AND BECAUSE IF A
STUDENT IS CONSIDERING A CAREER
AND THEY DON'T SEE THE COURT
REPORTING PROGRAM OFFERED IN
THEIR CATALOG THEY'LL GO
ELSEWHERE CHOOSE A DIFFERENT
CAREER. THE CHAIRS AND MEMBERS-
I RESPECTFULLY I AM UNAWARE OF
ANY CONCERTED EFFORT FROM THE
COURTS FROM THE LEGISLATURE. OR
AT THE EDUCATIONAL COMMUNITY TO
EXPAND THE NUMBER OF COURT
REPORTING PROGRAMS IN OUR
COMMUNITY COLLEGES WHICH IS
SOMETHING THAT IS CRITICAL TO
ADDRESSING THE AVAILABILITY OF
COURT REPORTERS. IN THE MID AND
IN THE LONG TERM. AND I'M HAPPY
TO ANSWER ANY QUESTIONS YOU MAY
HAVE THANK YOU. THANK YOU- THANK
YOU MISS LESLIE MISTER. GOOD
MORNING SENATORS THANK YOU SO
MUCH FOR. THE OPPORTUNITY TO
SHARE SOME INFORMATION FROM THE
COURT REPORTERS BOARD OF
CALIFORNIA. EXCUSE ME MY NAME IS
YVONNE FENNER. ON THE EXECUTIVE
OFFICER OF THE COURT REPORTERS
BOARD AND I'M ALSO A LICENSED
COURT REPORTER. THE CRB OVERSEES
THE COURT REPORTING INDUSTRY BY
DEVELOPING AND ADMINISTERING A
LICENSE EXAM. TO ENSURE ENTRY
LEVEL COMPETENCY AS WELL AS
PROCESSING AND RESOLVING
CONSUMER COMPLAINTS AGAINST
LICENSEES. WE LICENSE INDIVIDUAL
REPORTERS AND REGISTER ALL FIRMS
OFFERING COURT REPORTING
SERVICES IN CALIFORNIA. WE ALSO
SET CURRICULUM FOR THE COURT
REPORTING SCHOOLS THAT WE
RECOGNIZE. AND WE ADMINISTER THE
TRANSCRIPT REIMBURSEMENT FUND
WHICH PROVIDES TRANSCRIPT IS
ASSISTANCE FOR QUALIFIED
INDIGENT LITIGANTS. THERE'S BEEN
A LOT OF DISCUSSION ON WHETHER
OR NOT THERE'S A SHORTAGE OF
CALIFORNIA. COURT REPORTERS.
THEY'RE CURRENTLY IS THE SENATE
EXCUSE ME A SUFFICIENT NUMBER OF
LICENSE COURT REPORTERS TO MEET
THE DEMAND BUT COURT REPORTING
AS AN INDUSTRY FACES THE SAME
LABOR SUPPLY ISSUES THAT ALL
INDUSTRIES ACROSS THE COUNTRY
ARE FACING RIGHT NOW. TO HELP
MEET ANY DEFICIT IN THE PIPELINE
OF COURT REPORTERS THE BOARD
OPENED LICENSING TO VOICE
WRITERS IN JULY. VOICE WRITING
IS AN ALTERNATIVE METHOD OF
SHORTHAND REPORTING WITH THE
COURT REPORTER USES THEIR VOICE
TO REPORT THE PROCEEDINGS RATHER
THAN THEIR HANDS ON A STANDARD
TYPE MACHINE. VOICE WRITERS USE
THE SHORTHAND BASED ON ENGLISH
RATHER THAN HAVING TO LEARN A
COMPLETELY NEW SHORTHAND
LANGUAGE AS MACHINE REPORTERS
TO. THIS SHORTENS THE TRAINING
TIME NECESSARY TO TRAIN THEM.
BECAUSE THEY ARE ABLE TO
COMPLETE THEIR PROGRAM IN
EIGHTEEN TO TWENTY FOUR MONTH.
VOICE WRITING TRAINING MORE
CLOSELY ALIGNS WITH VOCATIONAL
EDUCATION REQUIREMENTS. THIS IS
GOOD NEWS FOR THE SCHOOLS AS IT
MAKES ACCREDITATION LESS OF AN
ISSUE. ADDITIONALLY BECAUSE THE
PROGRAM IS ENGLISH BASED AND OF
A SHORTER DURATION A MUCH HIGHER
PERCENTAGE OF STUDENTS WHO BEGIN
THE PROGRAM SUCCESSFULLY
COMPLETED TYPICALLY UPWARDS OF
90% THIS IS ALSO WHEN FOR THE
SCHOOLS WERE REQUIRED TO REPORT
SUCH DEATH STATISTICS TO THEIR
ACCREDITING BODIES. MUCH HAS
BEEN MADE OF THE NUMBER OF
CALIFORNIA COURT REPORTING
SCHOOLS THAT HAVE CLOSED OVER
THE LAST DECADE. THIS IS NOT DUE
TO LOW ENROLLMENT BUT RATHER
CHANGES IN FEDERAL REGULATIONS
BY THE DEPARTMENT OF EDUCATION
WHICH PLACED LIMITS ON THE
NUMBER OF TIMES STUDENT COULD
REPEAT STUDENTS. COULD REPEAT A
COURSE. WITH MACHINE SHORTHAND
IT IS NOT UNCOMMON FOR STUDENT
TO PLATEAU IN SPEED BUILDING FOR
AS LONG AS A YEAR BEFORE THEY'RE
ABLE TO PROGRESS. THE LIMITATION
REPEATABILITY AFFECTED FINANCIAL
AID AND MANY PRIVATE SCHOOLS
CLOSED THEIR DOORS. HOWEVER I'D
LIKE TO POINT OUT THAT JUST
BECAUSE THE COURT REPORTING
PROGRAM IS NOT RECOGNIZED BY THE
COURT REPORTERS BOARD THAT
DOESN'T MEAN THAT THERE'S A
SHORTAGE OF COURT REPORTING
PROGRAMS AVAILABLE. THERE ARE
MANY MANY TRAINING PROGRAMS
THROUGHOUT THE COUNTRY. THESE
PROGRAMS TRAINED TO THE NATIONAL
STANDARD CALLED THE CERTIFICATE-
OF. REGISTERED PROFESSIONAL
REPORTER OR R. P. R. ONCE A
GRADUATE HAS PASSED THE RPR
THEY'RE ELIGIBLE TO TAKE THE
CALIFORNIA LICENSE EXAM. THE
ADVANTAGE OF BEING RECOGNIZED BY
THE C. ARBY'S SIMPLY MEANS THAT
THE SCHOOLS MAY SEND THEIR
GRADUATES DIRECTLY TO THE
CALIFORNIA EXAM WITHOUT
REQUIRING PASSAGE OF THE
NATIONAL EXAM FIRST. IT APPEARS
THAT THERE IS AGAIN AN APPETITE
FOR VOCATIONAL TRAINING WHICH
STRENGTHENS THE INTERESTING
COURT REPORTING. WHAT REPORTERS
DO NEED HELP AND RICK IN
RECRUITMENT. WE HAVE THE BEST
CAREER THAT NO ONE HAS EVER
HEARD OF. IN FACT MOST PEOPLE
WHO ARE NOT RELATED TO A COURT
REPORTER HAVE NEVER HEARD OF THE
FIELD. THE MAJORITY OF PEOPLE
ARE NOT INVOLVED IN LITIGATION
AND THEREFORE NEVER EXPOSED TO
THE CAREER. IT'S LUCRATIVE IT
OFFERS MANY DIFFERENT AREAS IN
WHICH TO PRACTICE AND IS
AVAILABLE TO STUDENTS COMING
RIGHT OUT OF HIGH SCHOOL AS WELL
AS MATURE WORKERS THAT ARE
LOOKING FOR A CAREER CHANGE.
THANK YOU FOR YOUR TIME THIS
MORNING AND I'M HAPPY TO ANSWER
ANY QUESTIONS THAT YOU MAY HAVE
THANK YOU IS BETTER ALL RIGHT
LET ME TURN THE PANEL. SOON THE
L. ARIA I DON'T HAVE ANY
QUESTIONS- THIS BEEN A VERY
VALUABLE HEARING I'M- I'M NOT AN
ATTORNEY- BUT I DID ABOUT FORTY
FIVE YEARS AGO PASSED THE- LAW
SECTION OF THE CPA EXAM- IT
WHICH MEANS I KNOW ENOUGH JUST
TO BE DANGEROUS SO. THERE'S BEEN
VERY HELPFUL AND- THE HEARING
HAS BEEN ENHANCED SIGNIFICANTLY
BY IN PERSON TESTIMONY- THIS IS
THE FIRST HEARING- WHERE- I HAVE
WITNESSED ENTIRE IN PERSON
TESTIMONY I'VE- MADE THE
OBSERVATION OF THE- DRAWBACKS OF
THE- VIDEO TESTIMONY ON SEVERAL
OCCASIONS AND- SO. I LEARNED A
LOT AND A LOT OF THAT IS BECAUSE
OF THE IN PERSON TESTIMONY THAT
IS- I THINK RELATES TO THE
QUESTION WE'RE DEALING WITH
HERE. AND I WOULD AGREE WITH THE
COMMENTS THAT- SENATOR WIENER
SAID- SOMETIME AGO THAT- IT'S AN
ALTERNATIVE- BUT OUGHT NOT TO BE
THE DEFAULT- THE OB. AND I
RECOGNIZE ARE SOME AREAS WHERE-
IN PERSON IS MADE DIFFICULT BUT
MAYBE WE OUGHT TO LOOK AT COURT
OPERATIONS A LITTLE BIT
DIFFERENTLY AS AN EXAMPLE IN
AREAS WHERE. THERE IS VERY HEAVY
MORNING AND AFTERNOON COMMUTE
TRAFFIC AND DIFFICULT TO GET TO
THE COURT MAYBE RATHER THAN
OPERATING FROM EIGHT TO FIVE WE
ARE OPERATE FROM TEN TO SEVEN-
AVOIDING BOTH OF THOSE-
POTENTIALLY A DIFFICULT. COMMUTE
HOURS SO LOOKING AT THINGS A
LITTLE BIT DIFFERENTLY JUST AS
THE PANDEMIC FORCED US TO AND
PROVIDED US THIS TOOL THAT WE
HAVE THAT WE'RE TALKING ABOUT
NOW- THERE COULD BE OTHER WAYS
THAT- WE COULD LOOK AT THE- AT
AT THE ISSUE. WITH REGARD TO
COURT REPORTER COURT REPORTER
ISSUE IT IS A CHALLENGE OF A
DIFFERENT NATURE AND- AS- IS
FOUNDER SAID IT IS SOMETHING
THAT IS BEING EXPERIENCED
THROUGHOUT THE ECONOMY MY FIRST
PROFESSION PUBLIC ACCOUNTING IS
EXPERIENCING IT THE EXACT SAME
THING RIGHT NOW. HAVE FINDING IT
DIFFICULT TO RECRUIT. NEW
ACCOUNTANTS INTO THE PROFESSION
SO IT AND IT IS- A SIGNIFICANT
ISSUE THROUGHOUT THE ECONOMY BUT
- AGAIN AS WERE- CRAFTING- A- A
OF REPLACEMENT FOR THE CURRENT
AUTHORITY RELATIVE TO REMOTE-
COURT OPERATIONS. MAYBE WE LOOK
AT THE IN COURT OPERATIONS A
LITTLE BIT DIFFERENTLY ALSO AND
AGAIN I THINK THE MAKING IT A
DEFAULT WOULD- NOT BE A GOOD WAY
TO GO. THANK YOU THE NEW US IN A
COUPLE GYRO. THEN THE- ALSO DID
YOU. CYNICAL GYRO THANK VERY
MUCH- I AM APPALLED FOR MISSING
PART OF THE- TO. ON THIS PANEL-
JUST SAY- I. I'M AN ATTORNEY AND
I PRACTICED. IN THE COURTS FOR
TWENTY FIVE YEARS BEFORE I
STARTED A NEW CAREER AND- AND
THE COURT REPORTERS WERE JUST
EXTRAORDINARY- THEY THEY ARE
THERE. AND EVEN IF YOU SHOW UP
IN COURT ON A REGULAR BASIS
NOBODY KNOWS YOU'RE THERE AND
THAT'S THE WHOLE PURPOSE OF THE
COURT REPORTER SO I DO I JUST
WANT TO SAY HOW MUCH I
APPRECIATE THE WORK THAT YOU DO
AND- AND YOU KNOW FOR HEARINGS
WHERE YOU HAVE. WELL IT'S
PROBABLY MOST OF THE HEARINGS
ACTUALLY WHERE YOU WANT TO
RECORD AND YOU WANT TO MAKE SURE
THAT- THE RECORD IS ACCURATELY
ACCURATELY REFLECTS WHAT WAS
SAID IN COURT SO THAT THEN IT
CAN BE TRANSLATED FOR- FOR. LATE
AGAIN CENTER THERE THAT DON'T
UNDERSTAND THE COURTS SENATE
SYSTEM IT'S REALLY CRITICALLY
IMPORTANT AND IT PAINS ME THAT
SOME OF THE ACTIVITIES. DURING
CODE RED DIDN'T HAVE COURT
REPORTERS- AND- SO I JUST WANNA
GO ON RECORD SAYING THAT I DO
APPRECIATE THAT THE WORK THAT
YOU DO THAT IT'S CRITICALLY
IMPORTANT THAT- THAT THE
INFORMATION BACK ACCURATELY
RECORDED SO THAT THERE IS A
RECORD AND THERE CAN BE-
CLARIFICATION. AT WHICH BECOMES
VERY DIFFICULT WHEN THERE'S NO
WHEN THERE'S REAL NO RECORDING
AND SO- WHATEVER WE NEED TO DO
TO MAKE IT- I THE IDEA OF.
AGREEING ON ONE COURT REPORTER
FOR THE COURT MAKES A LOT OF
SENSE TO ME IT'S SILLY TO HAVE
MORE THAN ONE PERSON SITTING IN
THE COURTROOM WAITING AROUND. WE
WERE RAN INTO THAT PROBLEM WITH
AND COURT INTERPRETERS AS WELL
MANY TIMES OR MULTIPLE
INTERPRETERS IN THE COURT ROOM
AND THEN I'D GO OVER TO ANOTHER
COURT. AND COURT ROOM IN THAT IN
THAT COURTHOUSE AND THERE BE NO
INTERPRETER SO EVERYTHING WOULD
COME TO A HALT IF YOU HAD A
SPANISH SPEAKING- CLIENT AND SO-
THAT ALL OF THAT ORGANIZATION IS
CRITICALLY IMPORTANT AND SO ONE
OF THE ISSUES THAT THAT- THAT
I'M INTEREST. IN IS THERE A WAY
FOR US TO SET UP A SYSTEM WHERE
ALL THE COURTS DO- SIMILAR
THINGS SO THAT IT'S VERY CLEAR
WHEN YOU GO INTO COURT WHETHER
THERE'S GOING TO BE-
INTERPRETERS AVAILABLE AND
REPORTERS AT BAILABLE AND- AT
THE END OF THAT MAKE COST US.
MORE MONEY BUT I JUST THINK THAT
IT'S THE EFFICIENT. FISHING USE
IN THE COURT ROOM IN A AND I YOU
ARE YOU ABSOLUTELY WOULD START A
WAR WITH THE JUDGES IF STUFF
DIDN'T START ANY FIFTEEN IN THE
MORNING BUT IT'S A GOOD POINT
WE'VE I ALWAYS ASKED WHY DON'T
WE DO SATURDAY COURTS. FOR
INDIVIDUALS THAT. HAVE TO MISS
THE ENTIRE DAY MY CLIENTS FOR
BLUE COLLAR WORKERS HAD MISSED
THE ENTIRE DAY IN ORDER TO GO TO
COURT COURT. AND THERE ARE TIMES
WHEN WE GET TO THE END OF THE
CALENDAR IN THE JUDGE WOULD SAY
WE DIDN'T GET TO YOUR CASE CAN
YOU COME BACK TOMORROW. AND IT
SO THE MORE THE MORE EFFICIENT
IN THE BETTER- ORGANIZED WE ARE
I THINK THE BETTER IT IS FOR
OUR- FOR OUR- CLIENTS THAT HAVE
TO GO TO COURT FOR WHATEVER
REASON. THANK YOU CYNICAL WAY.
US ALL THANK YOU I. THE
APOLOGIZE FOR MISSING OUT- I'M
GLAD I WAS ABLE TO GET THAT THE
TAIL END OF THIS IN TERMS OF
COURT REPORTER AVAILABILITY. AND
I REALLY APPRECIATE YOUR- OF THE
LAST OUT REMARKS ABOUT- THAT
THERE ARE SUFFICIENT COURT
REPORTERS. RIGHT NOW. SO THE
SOMETIMES SOMEONE SAYS SOMETHING
AND THEN IT JUST GETS REPEATED
OVER AND OVER PRETTY SOON THAT
BECOMES FACT. AND I'M GLAD THAT
THOSE OF YOU WORK IN THE COURTS.
CAN CLARIFY. THAT THE SHORTAGE
IN FACT IS NOT THERE ALTHOUGH WE
SHOULDN'T. SIT ON OUR LAURELS
AND EXPECT THAT WILL ALWAYS BE
THE CASE UNLESS WE'RE PROACTIVE
SO. THAT'S A REALLY GOOD
CLARIFICATION. I GUESS MY
QUESTION IS ABOUT. HOW DO WE
IMPROVE THE RECRUITMENT AND THE
RETENTION OF COURT REPORTERS.
AND FUNDING THAT WE APPROVED.
ALL OF LAST YEAR WAS SUPPOSED TO
BE. A TO HELP THE RECRUITMENT
AND THE RETENTION PROCESS YOU
KNOW EITHER WITH. SOME FINANCIAL
INCENTIVES OR OTHER THINGS- SO.
WHAT ARE YOUR IDEAS HOW DO WE
IMPROVE THE RECRUITMENT AND
RETENTION OF COURT REPORTERS-
AND WHERE IS THE DECISION
MAKING. YOU KNOW IF THERE'S
IMPROVEMENTS THAT NEED TO BE
MADE ON THAT ON THAT FRONT THEN
. IS THE DECISION MAKER MAKING
THOSE DECISIONS SO THAT- WE CAN
GET ON WITH WHAT WE NEED TO DO.
SO SEN RUSSELL IS THAT TO THE
PANEL GENERAL RESERVE ONE PERSON
YOU. ANYBODY ALL RIGHT. I'D LIKE
TO SO I THINK WHAT WAS TESTIFIED
TO. IS THAT THERE ARE MORE COURT
REPORTERS AND JUDGES IN THE
STATE WHICH IS TRUE. BUT
REMEMBER THE VAST MAJORITY OF
LEGAL PROCEEDINGS TAKE PLACE
OUTSIDE OF A COURTROOM. SO WHAT
WE HAVE OUR MOST REPORTERS
WORKING IN THE PRIVATE MARKET
DOING DEPOSITION MARK. WHICH IS
A CHOICE AND I DON'T THINK WE
CAN STOP THEM FROM MAKING THAT
CAREER CHOICE- CERTAINLY IF
THERE ARE THINGS TO DO TO
IMPROVE THE PIPELINE INTO THE
COURTS THAT WOULD BE FANTASTIC.
ON THE CCP THREE SIXTY SEVEN
POINT NINE COMMISSION REPORT
DOES HAVE SOME SUGGESTIONS ALONG
THOSE LINES THINGS LIKE
SCHOLARSHIPS. WILL PAY FOR YOUR
SCHOOL YOU AGREE TO GO TO COURT
FOR TWO YEARS. THINGS LIKE THAT-
BUT IN THE MEANTIME. THERE ARE
NO. RECORDS OF WHAT'S HAPPENING
IN COURT- AND I I'D LIKE TO
POINT OUT TODAY THAT I BELIEVE
WE ARE BEING DIGITALLY RECORDED
BY A PROFESSIONAL DIGITAL
RECORDER- IT'S ALSO A HIGHLY
PROFESSIONAL PROFESSION- COURT
REPORTERS ARE ABSOLUTELY THE
PREFERENCE ONE HUNDRED PERCENT.
BUT WHEN THEY AREN'T AVAILABLE
WE HAVE TO DO SOMETHING ELSE.
ANYONE ELSE WOULD RESPOND RIGHT.
AWAY OKAY BOB EVERYBODY. WILL GO
ONE AT A TIME I'LL BE RIGHT
BACK- I JUST WANTED TO MENTION
THAT SINCE THE FUNDS THIS THIRTY
MILLION THAT HAS BEEN ALLOCATED
TO THE RECRUITMENT- HAVE FINALLY
BEEN RELEASED THE IN THE LAST
TWO MONTHS I BELIEVE- I HAVE
SEEN BONUSES AT LIKE SIGNING
BONUSES COME BACK TO COURT COME
BACK TO COURT. AND I FROM THE
FREELANCE WORLD I CAN TELL YOU
THAT THERE'S BEEN A LOT OF
INTEREST- THAT'S THAT'S REALLY
INTRIGUING. SO I THINK FIX LIKE
THAT WILL- HELP BUT BUT IT DOES
TAKE TIME- AND SO IT'S JUST BEEN
IMPLEMENTED. THOUGHT WAS GASKELL
BUT THAT'S ACTUALLY WHAT I WAS
GONNA SAY IS THAT WE JUST ARE
NOW SEEING THE RESULTS. OF THE
MONEY. THAT WAS ALLOCATED TO THE
COURTS AND- TO THE DIGITAL
REPORTER- WE ARE ALL SPEAKING
VERY CLEARLY SO YOU CAN
UNDERSTAND THIS INTO THESE
MICROPHONES. AND SO I'M SURE
IT'S A BEAUTIFUL RECORD BUT
THAT'S NOT ACTUALLY WHAT HAPPENS
IN COURT. THANK YOU SCHEDULED
WAS CURRENT YEAH I WOULD JUST
ADD THAT- WE ARE HOPEFUL THAT
THE THIRTY MILLION DOLLARS WILL
MAKE A DIFFERENCE AND COURTS
HAVE- HAVE AS BAD AS PEOPLE HAVE
MENTIONED OFFERED. AT RETENTION
BONUSES SIGNING BONUSES
INCREASED SALARIES- IN IN SOME
OF THE COURTS SAID WITH HIM I'VE
HAD CONVERSATIONS WHO WERE ABLE
TO IMPLEMENT SOME OF THESE
INCENTIVES- THEY HAVEN'T HAD
THAT MUCH INTEREST SO FOR
EXAMPLE- THE COURT REPORTER
TESTIFIED THAT THAT- THEY'VE HAD
ONE HIGHER IN SAN MATEO AND I
THINK FOR APPLICANTS WHO WERE
VERY GRATEFUL FOR THE ONE. ONE
PERSON WE WERE ABLE TO BRING ON
AND HOPEFUL THAT OTHERS WILL
COME ON BOARD BUT THERE REALLY
IS STILL A SIGNIFICANT NEED IN
CALIFORNIA THAT'S THAT'S JUST
NOT BEING MET- LOS ANGELES MADE
THEIR ANNOUNCEMENT- IN IN THE
BEGINNING OF FEBRUARY. THEIR NET
NUMBER IN FEBRUARY IS NEGATIVE
TWO SOLD SO THEY WERE ABLE TO
HIRE ONE THEY LOST SEVERAL MORE
FOR TO RETIREMENT SO EVEN WITH
SOME OF THESE INCENTIVES WE ARE
STILL SEARING. PEOPLE LEAVING
THE COURTS- EITHER THROUGH
RETIREMENT OR TO GO TO THE
PRIVATE SECTOR. SO EVEN WITH
WITH THE MONEY WHICH WE ARE
VERY. OF COURTS SERVE TRYING TO
SPEND IT- BUT I DO THINK WE NEED
TO BE AWARE THAT THAT IF THEY
ARE NOT OUT THERE- AT BECAUSE OF
BECAUSE WE TALKED ABOUT BEFORE
THE AMOUNT OF MONEY THAT PEOPLE
ARE MAKING IN THE PRIVATE
SECTOR. IS REALLY HARD FOR
COURTS TO COMPETE WITH THOUSANDS
OF DOLLARS A DAY. OTHER COMMENTS
QUESTIONS- THE DID YOU WANT FOR
THE COMMON I WAS JUST GONNA SAY-
I LOVED THE SUGGESTION THAT WAS
MADE EARLIER THAT I DIDN'T
REALIZE THAT THERE WAS- A- OF.
AN OPPORTUNITY FOR THE COURT TO
RECOUP SOME OF THOSE COSTS. I
THINK THAT'S GENIUS AND A AND A
GREAT WAY TO RECOUP AND IT AND
IT WOULD- DEFINITELY KEEP THE
PRICES IN A MORE REASONABLE
LEVEL- AND I DON'T KNOW I WE
HAVEN'T REALLY TALKED MUCH ABOUT
ELECTRONIC RECORDING WE DON'T
NEED TO GO INTO IT TOO MUCH BUT-
IT. I THINK WE WOULD ALL AGREE
IT'S INFERIOR EVERYONE'S. IN
AGREEMENT THAT LIVE CORPS
PORTERS ARE ARE THE GOLD
STANDARD THE ONLY STANDARD BUT-
THERE ARE A LOT OF ISSUES WITH
THAT IF YOU ARE CONTEMPLATING
NOT BEING- A CIGNA SOLUTION IT'S
REALLY. INFERIOR AND VERY
PROBLEMATIC FOR A LOT OF. ARENAS
LIKE FOR PRIVACY AND HIPAA AND
THINGS LIKE THAT WHEN THINGS GET
OUTSOURCED TO- OTHER COUNTRIES
SO I JUST WANTED OF. CAUTION BUT
THANK YOU AGAIN THE RUSSELL THE
- YOU. ARE THANK VERY MUCH I
THINK WE AGREE THE GOLD STATE
NOT THE GOLD. THAT THE BEST
PRACTICES THEY HAVE IN COURT
COURT REPORTERS- IF THERE'S
SOMEONE THAT DISAGREES I WOULD
BE SHOCKED- FOLLOWING ON
DECEMBER CABALLERO COMMENTS WHEN
I WAS A BRAND NEW LAWYER I WAS
TAUGHT THE FIRST THING YOU DO IS
INTRODUCE YOURSELF TO THE COURT
REPORTER INGRATIATE YOURSELF.
SAME THING WITH THE COURTS.
STAFF THAT THEY COULD MAKE YOUR
LIFE. EASIER NOT EASIER-
DEPENDING UPON YOUR ATTITUDE
TOWARD THEM I SEE. MEMBERS
SHAKING THEIR HEADS IN THE
AFFIRMATIVE- THE CHALLENGE FOR
US IS WE'VE HEARD DIFFERENT
THINGS WE'VE HEARD DIFFERENT
THINGS IS THAT THERE'S A COURT
REPORTER SHORTAGE THERE IS NOT A
COURT REPORTER SHORTAGE- LET ME
JUST FOLLOW UP WITH A COUPLE
QUESTIONS AND- LET ME BEGIN WITH
MISS CASTLE. MISS CASTLE IN SAN
MATEO ARE COURT REPORTERS
AVAILABLE FOR. ALL CIVIL MATTERS
. AND SO. WE JUST RECENTLY.
STARTED THE BRING YOUR OWN COURT
REPORTER- PROCESS BUT PRIOR TO
THAT WE WERE PROVIDING INCENTIVE
COUNTY. OFFICIAL REPORTERS FOR
ALL CASE TYPES AND WE ALSO JUST-
LAST YEAR STARTED USING
ELECTRONIC RECORDING FOR
MISDEMEANORS BUT PRIOR TO THAT
WE WERE USING CORE REPORTERS FOR
ALL CASE TYPES AND- SACRAMENTO
FOR TODAY WILLIAN'S. JUST IN
CEMETERY OF COUNTY I KNOW IT'S
DIFFERENT NEEDS COUNTY LOS
ANGELES COUNTY A VERY DIFFERENT
SAN MATTEO COUNTY BUTTON
CEMETERY OKAY ANYWHERE WHERE
YOU- ARE EMPLOYED- WHAT
PROCEEDINGS DON'T HAVE A COURT
REPORTER TODAY. FORT CORDLESS
SAW COURT PAID FOR BASS COURT-
COURT PAID RIGHT- AT.
MISDEMEANORS IF A REPORTER IS
NOT AVAILABLE THEN WE WILL USE
THE ELECTRONIC RECORDING BUT
WE'VE TRIED TO HAVE- AT ONE OF
OUR STAFF REPORTERS. REPORT
TRIALS I'M TALKING ABOUT WE
TYPICALLY DO USE ELECTRONIC
RECORDING FOR ARRAIGNMENTS PRE
TRIALS THOSE KINDS OF THINGS-
ALL ANY. FOUND BY JUVENILE. WE
USE OUR CORPORATE. AND CIVIL
LIKE I SAID WE DO WE JUST YOU IF
IT SAID THE LONG SO TRIAL. SO
WEEKS THEN THEY THEY WILL YOU AN
OUTSIDE COURT REAP. OKAY WHAT
ABOUT FAMILY LAW FAMILY- I'M YES
WE PROVIDE. I THANK ONE OF THE
FEW THAT'S PROVIDE. COURT
REPORTER ARE SO COREY FOR FAMILY
I DON'T THAT CHANGING LATER IN
THE CLUB OF COURSE DO THEY HAVE
COURT REPORTERS AND- YES BECAUSE
WE MIX OUR MISDEMEANORS AND
FELONIES. AND FELONIES HAVE TO
BE REPORTED SO- YES WE DO USE-
CALL REPORTERS AND CLAP OKAY ALL
RIGHT- IN IN NOW A QUESTION FOR
MISS LESLIE ONE OF THE
CHALLENGES THAT WE I THINK WE
HEARD IS THAT COURT REPORTERS
ARE MAKING DECISION TO- STAY IN
THE PRIVATE SECTOR VERSUS
WORKING FOR THE COURTS ALTHOUGH
THESE BONUSES MAY ATTRACT SOME.
WHAT WOULD BE YOU YOU YOU THINK
THE SALARY THAT WOULD. BASICALLY
REMEDY THE SITUATION THAT WE
HAVE TODAY. I I'M HESITANT TO
TALK NUMBERS I THINK EVERYONE
HAS THEIR OWN STANDARD ABOUT
THAT- AND- HI I DON'T KNOW I AM
SHY AWAY FROM BEING TOO
SPECIFIC- JUST JUST ARRANGE A WE
TALKING. A. HUNDRED THOUSAND TWO
HUNDRED THOUSAND THREE HUNDRED
THOUSAND- PROBABLY IN THE ONE.
RANGE I MEAN AT A AND THEN
THERE'S ALSO TRANSCRIPTS ON TOP
OF THAT SO IT'S A LITTLE TRICKY
OF A OF A MATRIX TO. A TO FIGURE
OUT BUT I THINK THAT WOULD. B.
RILEY I DON'T KNOW I DON'T KNOW
WHAT I'D DO WE AND IT'S SOME
IT'S SOME POINT WE WILL ATTRACT
THOSE FROM THE PRIVATE SECTOR TO
COME BACK IN THE PUBLIC SECTOR I
DON'T KNOW WHAT THAT FIGURE IS-
I DON'T MAYBE MAYBE I CAN TURN
TO- THIS GASKELL WHAT'S THE
WHAT'S THAT FIGURE THAT WOULD
ATTRACT YOU THINK SUFFICIENT
NUMBER OF PRIVATE SECTOR
REPORTERS COME BACK IN THE
PUBLIC SECTOR- WELL I DO THINK
THAT THE MONEY THAT WE WERE JUST
GIVEN. IS WORKING IT'S JUST IT'S
LIKE WE'VE BEEN SAYING IT NEEDS
TIME. TO TO ATTRACT. THE
REPORTERS TO GET THEM OUT OF
THE- WELL BUT- AND YOU KNOW. IT
ON TOP OF THE SALARY IS-
BENEFITS- WHICH A LOT OF PEOPLE
DON'T ACCOUNT FOR AND YOU GET.
PAID VACATION I'M RECRUITING NOW
. NO I WANT YOU TO RECRUIT I'M
OLD SCHOOL I REMEMBER WHEN YOU
GO TO COURT THERE'D BE A COURT
REPORTER THEY ARE YOU DON'T HAVE
TO ASK FOR A COURT REPORTER THEY
JUST YES WERE THERE THAT YES
PART. OF IT AND WE PAID TOWARDS
TAXPAYERS YES AND IT USED TO BE
VERY- COMPARABLE WHEN I STARTED
COURT REPORTING. IT THERE WASN'T
MUCH OF A DIFFERENCE. BUT WHEN
COURT REPORTERS WERE LAID OFF.
THAT'S WHEN IS THE NEXT THE NEXT
CHALLENGES THAT THE PIPELINE
RIGHT. AND SO THE PIPELINE
APPEARS AT LEAST SO FAR AS I'VE
HEARD TO BE SUCH THAT THAT WE'RE
NOT. CREATING ENOUGH WE'LL SEE
WHAT WITH THE- THE VOICE
RECORDER. WHAT WILL BUT BUT THE
PIPELINE IS SUCH THAT WE'RE NOT.
ENCOURAGING ENOUGH INDIVIDUALS
AT SOME PRICE POINT. PEOPLE ARE
GOING TO WANT TO BECOME COURT
REPORTERS I DON'T KNOW WHAT THE
PRICE POINT IS AND MAYBE YOU CAN
HELP US TO FIGURE OUT WHAT THAT
PRICE POINT IS. BECAUSE I THINK
MOST JUDGES ALSO WANT TO HAVE IN
COURT COURT REPORTING THEY LIKE
THAT AS WELL. YES BECAUSE JUDGES
BUT BOISE JUDGE ANDERSON I THINK
YES I SEE LEAST ONE JUDGE
SHAKING HER HEAD UP AND DOWN
BACK THERE. SO- AND THAT'S A
CHALLENGE FOR US TO FIGURE OUT I
THINK WE'RE IN AGREEMENT WE WANT
TO HAVE IN COURT. COURT
REPORTERS CELL ALL RIGHT. WELL I
WANT TO I WANT TO THANK YOU ALL-
I'M GOING TO. SENATE COVER YEAR
I LOOK FOR TO YOU BILL.
PROVIDING FOR SATURDAY- HEARING
. RIGHT RIGHT RIGHT I'LL BE BE
YOU RIGHT RIGHT RIGHT. IN CENTER
SITTING NEXT TO ME THAT I WANT
TO SEE HIM BILL- COURT STARTING
AT TEN A- IN. YEAH MORNING. AND
THEN GETS A- RIGHT- SO OUT ONE.
THAT WE'RE WE'RE GOING TO CLOSE
HERE TO SAY ANY FOR COM
QUESTIONS. I SEE NO- THE WE'RE
GOING TO NOW. COME YOU'RE
WELCOME TO STAY AT THE TABLE IF
YOU LIKE WE'RE GOING TO TURN TO
PUBLIC COMMENT WE'RE GONNA LIMIT
PUBLIC COMMENT TWO ONE MINUTE
EACH WILL START WITH. A COMMENT
HERE IN THE HEARING ROOM THEN
WILL TURN TO THE PHONE LINES.
ALL RIGHT SO LET ME READ THE
PARTICIPANT NUMBER. PARTICIPANT
NUMBER IS EIGHT SEVEN SEVEN. TWO
TWO SIX EIGHT. EIGHT TWO ONE SIX
THE ACCESS CODE IS SIX TWO ONE
SEVEN ONE. SIX ONE. ALL RIGHT.
OF THE FLOOR IS YOURS GOOD
AFTERNOON MR CHAIRMAN MEMBERS
DANIEL SANCHEZ ON BEHALF OF THE
CHIEF PROBATION OFFICERS OF
CALIFORNIA. I'LL KEEP MY
COMMENTS BRIEF RECOGNIZING THAT
THEY ECHO MANY OF THE COMMENTS
HERE TODAY- BUT WE HAVE. BEEN ON
RECORD AND CERTAINLY BELIEVE
THAT THERE IS BENEFIT IN HAVING
THE OPTION AN AUTHORIZATION.
I MEAN TO YOUR POINT- SENATOR-
BURKE ON- RECRUITMENT AND
RETENTION OF COURT REPORTERS
OBVIOUSLY- INCREASE WAGES IS
ALWAYS A GREAT THING- BUT IT'S
LIKE MANY PROFESSIONS- THE
AVAILABILITY AND ACCESS TO GOOD
BENEFITS AND WORKING CONDITIONS-
IS A CONSTANT STRUGGLE SO THANK
YOU MISS ABOUT. YEAH ON MY COME
ONE OF THE PEOPLE- AND I'VE BEEN
TO THE MODERATE COURT AND I'VE
SEEN A JUDGE ANDERSON IN ACTION-
FOURTEEN ANNA MARIE IN ORDER TO
TAKE AWAY OF A MAN'S BUSINESS
BECAUSE HE DIDN'T WANT TO
VIOLATE HIPAA AND THE RELIGIOUS
RIGHTS OF IS UP SO SIR IF YOU
AYE INSTEAD FOCUS YOUR FOCUS
YOUR COMMENTS ON THAT AS MUCH AS
HEARING YES AND MY FOCUS IS YOU
GUYS ARE GETTING INPUT FROM
SOMEBODY WHO DOESN'T EVEN FOLLOW
THE CONSTITUTION AND THE- ALL
RIGHT ALL THE FENDER RIGHT THANK
YOU SIR TALKING OR IF THE PUBLIC
DEFENDER SAID EARLIER. I THINK
THE ISSUE IS THE COURTS AND THE
JUDGES NOT FOLLOWING THE
CONSTITUTION IS A SERIOUS ISSUE
AND IF YOU REDUCE THE AMOUNT OF-
ATTACKS UPON THE PEOPLE WITH
YOUR LEGISLATIVE PROCESS AND-
REVENUE COLLECTION. LOWER THE
AMOUNT OF PEOPLE WHO ARE
ACTUALLY IN THE COURSE AND YOU
DON'T HAVE ALL THESE ISSUES IN
THE FIRST PLACE WE NEED VICTIMS
BACK INTO THE CRIMES INSTEAD ALL
OF VICTIMLESS NONSENSE YOU GUYS
ALL RIGHT SIR THANK YOU SIR ALL
RIGHT. NEXT YES HI THERE I'M
REALLY GLAD THAT YOU GUYS ARE
TALKING ABOUT FREEDOMS TODAY AND
MAKING SURE THAT YOU PROTECT
PEOPLE FIFTH AMENDMENT RIGHT TO
DUE PROCESS. AND THE
CONSTITUTION. AND I FIND IT
IRONIC THAT YOU CHOSE HONORABLE
MARLETTE. TO COMMENT HERE YOU
FOCUSED YOUR COMMENTS ONLINE
DAYS HERE I AM FOCUSING ON
EXACTLY THE SAME TOPIC BE GUYS
ARE DISCUSSING. SO THERE WAS A
MAN WHO HAD A BUSINESS THAT HE
HAD WORK FOR FOUR AND A HALF
YEARS. HE HAD A STERLING
REPUTATION HE HAD GLOWING GOOGLE
REVIEWS THAT HE TALKED ABOUT ALL
THE TIME AND BRAG ABOUT HE HAD A
CURRENT HEALTH PERMIT AND THE
PLACE WAS SPARKLING CLEAN. AND
BECAUSE HE DIDN'T VIOLATE HIPAA
OR ADA PEOPLE'S MEDICAL RIGHTS
AND PRIVACY IN THEIR RELIGIOUS
FREEDOMS. MARLON ANDERSON MAN I
DIDN'T EMBROIDER THEM HE'S
MAIENSCHEIN EXCUSE ME WELL YOU
WHERE YOU ARE I'M SORRY LET ME
GET WHAT WE'RE FOCUSED ON OUR
HEARING TOPIC SELL. NOT ONE YOU
CAN YOU MAY YOU MAY SEND US IN
WRITING WHATEVER YOU CHOOSE TO
SEND US. THANK YOU ARE. BUT.
WELL THANK YOU MA'AM I PRE YOUR
COM. BUT YOU THAT WE'RE GOING TO
TURN TO THE NEXT SPEAKER NOW.
THANK YOU VERY MUCH THANK YOU
WE'RE GONNA GO AHEAD AND TURN
OFF THE MICROPHONE. THANK YOU.
THIRTY ALL RIGHT SO WE'RE GONNA
TURN SPEAKER. MR NANDO'S GO
AHEAD. THANK FROM US. R. ALL
RIGHT THANK YOU IT'S NOT STERN
AND IS AGAIN- THIS TIME ON
BEHALF OF THE CALIFORNIA COURT
REPORTERS ASSOCIATION HAVE
SUBMITTED WRITTEN COMMENTS
REGARDING THE- SOME OF THE
TROUBLE WITH REMOTE APPEARANCES
WHAT NEEDS TO BE ADDRESSED SO
JUST LEAVE IT AT THAT PLEASE.
TAKE A LOOK AT THAT. DO YOU WANT
TO MENTION THAT WE DO NEED TO
GET THE THIRTY MILLION DOLLARS
OUT AN ANNUAL BASIS AND WE ALSO
HAVE TO LOOK AT WHETHER OR NOT
IF COURTS ARE NOT SPENDING THAT
MONEY ON AN ANNUAL BASIS OF SOME
OF THAT MONEY CAN BE CARRIED
OVER. TO THE FOLLOWING YEAR AS
OPPOSED TO USE IT OR LOSE IT-
THAT IS ONE THING WE ALSO ALSO
SHOULD LOOK INTO WORKFORCE
DEVELOPMENT- GAME PLANS TO GET
MORE FOLKS INTO THE PROFESSION.
I WE SHOULD ALSO ENSURE THAT
QUARTER FOLLOWING THE LAW-
UNITED PUBLIC EMPLOYEES IS
ANOTHER CLIENT JUST POINT OUT
ONE THING THAT THAT WE'VE
NOTICED IN SACRAMENTO. IS THAT
THEY ARE THE COURTS ARE NOT
IMPLEMENTING YOU TRANSCRIBE RATE
INCREASE THAT WAS ADOPTED BY THE
LEGISLATURE AND AGAIN THAT IS
ANOTHER WAY TO ATTRACT FOLKS TO
BECOME OFFICIAL REPORTERS THEY
SIMPLY ARE NOT PROVIDING THE
INCREASE- TRANSCRIPT RATE. I
WHICH IT TOOK THIRTY YEARS THE
OF THE LEGISLATURE TO ADOPT THAT
INCREASE THE GRADUATING
INCREASE. SO WE JUST HAVE TO
MAKE SURE COURTS ARE DOING
EVERYTHING POSSIBLE. TO BRING IN
A MORE CORE PARTNERS THANK YOU
MR NANDO'S. THANK YOU- MARCO
GEORGE ON BEHALF OF THE
CALIFORNIA PUBLIC DEFENDERS
ASSOCIATION- WE WANT TO SAY THAT
THE FIRST THING. THAT MUST BE
ADDRESSED AS THE TECHNOLOGY. ON
THAT BEFORE WE CAN HAVE- REMOTE
JUSTICE THE TECHNOLOGY NEEDS TO
BE EQUALIZED. AND THEN ALL THE
OTHER BENEFITS FOR JUVENILE AND
CIVIL COMMITMENT PROCEEDINGS TO
BE HELD REMOTELY- WE HAVEN'T
SEEN THOSE SAME BENEFITS WITH
ADULT CRIMINAL. AND WE'RE GONNA
ASK THAT WHATEVER HAPPENS THAT
THERE BE ADEQUATE SAFEGUARDS.
FOR BOTH THE COURT EMPLOYEES AND
FOR OUR CLIENTS. SO THANK YOU
VERY MUCH THANK YOU. SEARCH
CURRENT MEMBERS MIKE BELOW ON
BEHALF OF CALIFORNIA DEFENSE
COUNSEL IN THE CALIFORNIA JUDGES
ASSOCIATION WILL BE VERY BRIEF I
WAS ENCOURAGED BY THE DEGREE OF
ALIGNMENT ON THE REMOTE
APPEARANCE ISSUE. REMOTE
APPEARANCES HAVE A ROLE THEY ARE
CRITICAL OF TO WORKING PEOPLE TO
GET TO. HAVE THEIR DAY IN COURT
WITHOUT TAKING A DAY OFF WORK
THE SYSTEM IS GETTING BETTER AND
THE INVESTMENTS ARE BEING MADE-
WE AGREE THAT NO ONE SHOULD BE
FORCED INTO A- REMOTE APPEARANCE
WHEN THEY WANT TO BE IN PERSON
AND THERE SEEMS TO BE BROAD
AGREEMENT. ACROSS EVERYONE WHO
TESTIFIED AND THAT'S ENCOURAGING
ON THE ON THE COURT REPORTER
ISSUE I WOULD JUST SAY THIS WE
APPLAUD YOUR- EMPHASIS ON
PIPELINE. YOU CAN CREATE SIGNING
BONUSES AND REFERRAL FEES AND
THAT SORT OF THING BUT IF YOU'RE
JUST MOVING THE EXISTING COURT
REPORTERS AROUND WE'LL SEE IF IT
MOVES PEOPLE FROM THE PRIVATE
SECTOR BACK INTO THE PUBLIC BUT
IF YOU'RE NOT EXPANDING THE
PIPELINE. THAT'S A PROBLEM- IF
MORE PEOPLE ARE LEAVING THAT ARE
COMING IN THAT'S A PROBLEM NOW
MAYBE VOICE WRITING HELPS AND
WE'LL SEE. BUT WE ARE AYE I
WOULD SIMPLY POINT OUT IN THE
PRIVATE SECTOR THEY ARE ARE
HAVING A HECK OF A TIME GETTING
PEOPLE TO AGREE TO GO TO
DEPOSITIONS. AND THE DEFENSE BAR
AND THE PLAINTIFFS BAR WOULD NOT
PAY SEVERAL THOUSAND DOLLARS A
DAY IN APPEARANCE FEES IF THEY
DIDN'T HAVE TO. AGENCIES ARE
HAVING A PROBLEM. SUPPLYING THE
NEED FOR DEPOSITION SO THE
EMPHASIS SHOULD BE ON THE
PIPELINE THANK YOU WAS REAL ALL
RIGHT. THING NO ONE ELSE HERE IN
THE IN THE HEARING ROOM WISHING
TO TESTIFY WE'RE GONNA TURN TO
THE PHONE- THOSE OF YOU ON THE
PHONE. MOTOR IF YOU PLEASE QUEUE
UP THOSE OF PHONED UP PLEASE
GIVE US YOUR- NAME YOUR
AFFILIATION. AND LIMIT YOUR
COMMENTS TO ONE MINUTE. THANK
YOU MISTER IF YOU WOULD TO TEST
AT AGENDA PLEASE PRESS ONE FOR
BY ZERO. ONE FIVE EIGHT ZERO.
FOR PUBLIC COMMENT ON TODAY'S
AGENDA. AND WILL GIVE ONE MORE
OPPORTUNITY TO PRESS ONE ZERO IF
YOU WOULD LIKE TO TESTIFY. MR
SURE NOBODY'S GOING UP AT THIS
TIME. ALL RIGHT WELL THANK YOU
VERY MUCH LET ME AGAIN I SEE
SEVERAL OF THE PANELISTS ARE
STILL PRESENT I APPRECIATE YOUR
TESTIMONY. WE'VE GOT LOTS OF
WORK TO DO HERE ON THIS ISSUE
THAT IS CRITICALLY IMPORTANT TO
THE ADMINISTRATION THE AXIS
JUSTICE HERE IN CALIFORNIA. SO
WITH THAT WE'RE GOING TO DID YOU
WANT TO- CENTER ASHBY JUST WANT
TO SAY THANK YOU TO CHAIRMAN
THIS REALLY GOOD OVERSIGHT AND
ALL THE STAFF WHO HELPED. PUT IT
TOGETHER OUT THAT WAS VERY
INFORMATIVE PRECIADO SO THANK
YOU SENATOR ASHLEY YES THANK YOU
VERY MUCH TO STAFF- THE WE
COULDN'T DO THIS WITHOUT OUR
EXCELLENT STAFF SO THANK YOU.
BOTH FOR THE- JUDICIARY STAFF
ALWAYS EXTREMELY. BOTH- WILLING
TO CHIP IN LONG HOURS I
APPRECIATE THAT WE SHOULD THAT
AND ALSO THE PUBLIC SAFETY STAFF
THANK YOU WAS COUNTY ALL RIGHT.
WITH THAT WILL CONCLUDE.