When picturing a courtroom, I’m sure that most people think of the suited-up lawyers, the stoic judge, and the rapid typing of the stenographer as they follow along with the hearing. Whether it is thanks to popular media (Law and Order in my case) or firsthand experience with the nearly 70 million court cases filed per year, most U.S. citizens understand the basics of legal hearings. Despite this, many remain unaware of the current issue plaguing our justice system. Right now, there is a nationwide shortage of stenographers. It is crucial to stay informed on this topic as stenographers are an essential part of the legal process, and the shortage affects all of us. In this blog post, I will provide information about the shortage, including a deeper explanation of the problem, its impact on citizens, and the ways we can help.

Overview

The commercial stenography machine was first invented in 1877and has been used in U.S. legal proceedings since. These machines have been essential to the judicial process, but they would be useless without stenographers. The unique skills that stenographers master are critical to accurately record and maintain the United States’ civil and criminal courts. Without their detailed records, there would be a lack of transparency and the necessary information for establishing legal precedent. This means that the events that occur within courtrooms across the country would be undocumented, private, and therefore unregulated.

Without court records, citizens would also be unable to appeal to higher courts if they feel they have been wronged. The ability to appeal is one of the most important legal rights within the judicial system because it ensures that injustices and errors are corrected. One famous example of an appeal is Brown v. Board of Education (1954), where the Supreme Court overturned the “separate but equal” doctrine and banned the legal segregation of schools. Without the court record, Oliver Brown would not have been able to appeal to higher courts after the Kansas court ruled against him; as a result, the desegregation of schools may have either never occurred or taken much longer.

Due to an ongoing shortage of stenographers, there is a growing risk that court hearings may go unrecorded. A recent study by the American Association of Electronic Reporters and Transcribers (AAERT) found that there has been a 21% decline in stenographers over the past decade. Correspondingly, there has also been a 42% decline in stenography schools. This shortage threatens the foundation of the U.S. legal system, which depends on accurate, official records of court proceedings.

What is causing the shortage?

There are several reasons behind the shortage, but the primary one is the imbalance between the number of stenographers retiring and the number of new stenographers entering the field. A report on this found that for every 1,120 stenographers that retire, only 200 new stenographers begin work. The declining number of students graduating from stenography programs is a contributing factor to this imbalance. The shortage of stenography graduates can be attributed to the rigorous academic requirements, the high cost of equipment, the licensing requirements to graduate, as well as a lack of interest in the field of stenography.

How does this affect me and the justice system?

The shortage will continue to have a significant impact on the justice system, as maintaining an accurate record of proceedings is a crucial part of the legal process. The lack of stenographers has caused significant scheduling difficulties, as 76% of end users report that it is challenging to find a stenographer. Furthermore, the unavailability of reporters has led to numerous court cases being delayed. When a hearing is delayed, it is not only a headache for people involved in minor cases but can also leave victims in unsafe situations as they await their court date. Finally, the shortage has resulted in increased expenses for court reporting services as well as an increased workload for others in the legal process. Overall, the stenographer shortage has had a considerable impact on our legal system and will continue to be detrimental to U.S. citizens until it is addressed.

Are there any solutions?

One method being used to combat the problem is digital court reporting. The digital court reporting process allows court reporters to work remotely. Without the travel costs and time, digital court reporting increases the number of court reporters available to perform the job. Reporters can digitally monitor and record legal proceedings and then transcribe post-hearing. Along with increased availability of reporters, digital court reporting results in a faster delivery of transcripts. A report found that 30% of digital recording users mention speed as the main reason they use digital reporters.   

Despite the benefits of digital court reporting, some states have regulations that prohibit its use. For example, in California, digital reporting is only allowed in certain civil cases, as well as in misdemeanors and infractions, when a certified court reporter is unavailable. For criminal cases, it is completely banned.

Conclusion

Overall, the stenographer shortage has already negatively impacted our judicial system, and without intervention, it will continue to do so. There are currently organizations, such as the Coalition to Capture the Record, dedicated to solving this problem. In California, there is also a bill that, if passed, would certify digital recorders and lessen the severe shortage. Continued public support will help in the fight against the stenographer shortage and protect the constitutional rights of U.S. citizens.