Section 69957 Of Article 9. Official Reporters Generally From California Government Code >> Title 8. >> Chapter 5. >> Article 9.
69957
. (a) If an official reporter or an official reporter pro
tempore is unavailable to report an action or proceeding in a court,
subject to the availability of approved equipment and equipment
monitors, the court may order that, in a limited civil case, or a
misdemeanor or infraction case, the action or proceeding be
electronically recorded, including all the testimony, the objections
made, the ruling of the court, the exceptions taken, all
arraignments, pleas, and sentences of defendants in criminal cases,
the arguments of the attorneys to the jury, and all statements and
remarks made and oral instructions given by the judge. A transcript
derived from an electronic recording may be utilized whenever a
transcript of court proceedings is required. Transcripts derived from
electronic recordings shall include a designation of "inaudible" or
"unintelligible" for those portions of the recording that contain no
audible sound or are not discernible. The electronic recording device
and appurtenant equipment shall be of a type approved by the
Judicial Council for courtroom use and shall only be purchased for
use as provided by this section. A court shall not expend funds for
or use electronic recording technology or equipment to make an
unofficial record of an action or proceeding, including for purposes
of judicial notetaking, or to make the official record of an action
or proceeding in circumstances not authorized by this section.
(b) Notwithstanding subdivision (a), a court may use electronic
recording equipment for the internal personnel purpose of monitoring
the performance of subordinate judicial officers, as defined in
Section 71601 of the Government Code, hearing officers, and temporary
judges while proceedings are conducted in the courtroom, if notice
is provided to the subordinate judicial officer, hearing officer, or
temporary judge, and to the litigants, that the proceeding may be
recorded for that purpose. An electronic recording made for the
purpose of monitoring that performance shall not be used for any
other purpose and shall not be made publicly available. Any recording
made pursuant to this subdivision shall be destroyed two years after
the date of the proceeding unless a personnel matter is pending
relating to performance of the subordinate judicial officer, hearing
officer, or temporary judge.
(c) Prior to purchasing or leasing any electronic recording
technology or equipment, a court shall obtain advance approval from
the Judicial Council, which may grant that approval only if the use
of the technology or equipment will be consistent with this section.