California Court Reporters Ass'n v. Judicial Council

Effective in 1994, the Judicial Council promulgated rules of court allowing electronic recording of superior court proceedings, despite a statutory scheme authorizing official shorthand reporting of these proceedings and the Legislature’s rejection of legislation authorizing electronic recording. (See Cal. Rules of Court, rules 33(e), 891, 892, 980.3.) As rules of court are only valid to the extent that they comply with the constitutional charge to be “not inconsistent with statute,” we conclude that these rules were promulgated in excess of Judicial Council authority. (See Cal. Const., art. VI, § 6.)

In our case, appellants California Court Reporters Association, Inc. (CCRA) and others petitioned for a writ of mandate to prevent respondents Judicial Council of California and others from allowing electronic recording of superior court proceedings. The trial court denied the petition and CCRA appeals'. CCRA contends, inter alia, that the California Rules of Court authorizing and funding electronic recording in superior courts are invalid because they are inconsistent with statutory law. We agree and thus reverse the judgment.

I. Facts

The facts of this case are…