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HomeMy WebLinkAboutMINUTES - 04231996 - C37AB TO: BOARD OF SUPERVISORS >> .F Contra FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR Costa County DATE: April 17, 1996 `srq-Ceu-a �Ty SUBJECT: LEGISLATION: AB 2113 (MILLER) - AUDIO OR VIDEO RECORDING AS A VERBATIM RECORD OF ACTIONS AND PROCEEDINGS IN COURT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of AB 2113 by Assemblyman Gary Miller which, as introduced, would authorize the Judicial Council to permit the use of audio and video recording as a means of producing a verbatim record of actions and proceedings in court. BACKGROUND: The Board of Supervisors received a letter from the Los Angeles County Board of Supervisors noting that they are sponsoring legislation relating to the use of electronic recordings to produce transcripts of trial court proceedings. As Supervisor Dana's letter indicates, the First District Court of Appeals invalidated the Judicial Council's Rules of Court on this subject and the State Supreme Court refused to review the decision, meaning that the use of audio or video recordings will not be an acceptable means of producing a transcript of court proceedings. . Len LeTellier, the Superior Court Executive Officer, supports AB 2113 or any other legislation which will permit the use of audio or video recordings. In the absence of such legislation, Mr. LeTellier notes that the Court may have to hire more court reporters at a cost of between $400,000 and $500,000 per year. We urge the Board of Supervisors to join with Los Angeles County in supporting AB 2113. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER 40 SIGNATURE(S): r� ACTION OF BOARD ON April APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X _______ I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED April 23 , 1996 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: See Page 2 RS AND COUNTY ADMINIST R BY EPUTY 3 cc: County Administrator Steve Weir, County Clerk-Recorder Len,LeTellier, Superior Court Executive Officer Ken Torre, Municipal Court Administrator George Roemer, CAO's Office The Honorable Gary Miller Assemblyman, 60th. District Room 5126, State Capitol Sacramento, CA 95814 Les Spahnn; Heim, Noack, Kelly & Spahnn 1121 L Street, Suite 100 Sacramento, CA 95814 The Honorable Deane Dana, Supervisor, 4th District Los Angeles County Board of Supervisors 822 Hall of Administration Los Angeles, CA 90012 -2- SUPERIOR COURT EXECUTIVE OFFICE COUNTY OF CONTRA COSTA A. F. Bray Courts Building 1020 Ward Street, Martinez, California 94553 DATE: March 26, 1996 TO: Claude Van Marter, Assistant County Administrator FROM: Len LeTel�rior Court Executive Officer SUBJECT: AB 2113 (Miller) Until recently, as many as eight Superior Court bench officers were utilizing electronic recording, either audio or video, as the means of capturing the court record. These systems have a long proven track record in Contra Costa and have saved the county literally hundreds of thousands of dollars over the past several years. Due to the recent appellate court ruling, however, the continued use of these systems is in jeopardy absent any clear authority. In fact, some departments have already ceased using them. The court may be required to hire additional court reporters at an estimated annual cost of$400,000. to $500,000. ER is a dependable, cost effective means of capturing the court record in certain proceedings which has been widely accepted in Contra Costa. I urge the Board to support the Miller bill or any other bill which provides authority for it's continued use. cc: Hon. John Minney, Presiding Judge George Roemer, Senior Deputy County Administrator CONTRA COSTA COUNTY RECEIVED MAR 2 7 1996 OFFICE OF COUNTY ADMINISTRATOR ��. RECEIVED wC•37 FEB 15 1996 qAC MEMBERS OF THE BOA 10 BOARD OF SUPERVISORS cLER CUR BWDOf S I KE COUNTY OF LOS ANGELES ZhV YAHU,51-AV5KY DEANE DANA s ■ 822 KENNETH HAHN HALL OF ADMINISTRATION / LOS ANGELES,CALIFORNIA 90012 MICHAEL D.ANTONOVICH CIFOA ' DEANE DANA Supervisor,Fourth District (213)974-4444 FAX(213)626.6941 February 12, 1996 Chairperson, Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 Dear Chairperson: The Los Angeles County Board of Supervisors is sponsoring legislation, Assembly Bill 2113 (Miller), relating to.the use of electronic recording to produce transcripts of trial court proceedings. I am writing to urge that your Board of Supervisors and your trial courts join in immediate and active support. The California Judicial Council's Rules of Court that authorized electronic recording of superior court proceedings, was invalidated by the First District Court of Appeal on October 10, 1995 in a case entitled California Court Reporters Association, Inc., et al. v. Judicial Council of California et al. On Tuesday, February 6, 1996, the California Supreme Court refused to hear an appeal on the matter, the First District Ruling will prevent the use of electronic recording in the trial courts, unless Assembly Bill 2113 is successful. The use of electronic recording in 71 courtrooms is saving Los Angeles Superior Court $3.9 million annually over the cost of staffing those courts with stenographic reporters. As we all struggle with budgets and seek.to give the public the highest level of service, authorization to use proven, cost- saving technology is imperative. Attached is a copy of Assembly Bill 2113 which we hope to pursue as urgency legislation. You can see that its provisions are optional, not mandatory. I urge that your Board take immediate action to support Assembly Bill 2113 and convey"that support to the Assembly Judiciary Committee and to your legislators, as well as Assembly Member Miller. Please ask your trial court judges to do the same. I thank you for any assistance that you can provide. Sincerely, DEANE DANA Supervisor, Fourth District County of Los Angeles Attachment i F CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION ASSEMBLY BILL No. 2113 r Introduced by Assembly Member Miller January 30, 1996 An act to amend Section 270 of the Code of Civil Procedure, relating to courts. LEGISLATIVE COUNSEL'S DIGEST AB 2113, as introduced, Miller. Court proceedings: electronic recording. Existing law provides that whenever an . official court reporter or a temporary court reporter is unavailable to report an action or proceeding in a municipal court, the court may order that the action or proceeding be electronically recorded, as specified. Existing law also established a demonstration project regarding electronic recording in superior courts, which terminated January 1, 1994. This bill would authorize the Judicial Council to authorize Y the use of audio and video recording as a means of producing a verbatim record of actions and proceedings. ` Vote: majority. Appropriation: no. Fiscal committee: no. i State-mandated local program: no. f The people of the State of California do enact as follows: 1 SECTION 1. 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