AI was supposed to replace court reporters. Instead, there's an increasingly desperate need for more humans on the job

While that has opened the door for automation, courts are finding AI isn’t quite up to the job yet. Because the court reporter’s transcript becomes an official court record, some judges aren’t willing to entrust it entirely to technology that’s imperfect.

This was highlighted three years ago in the high-profile SC murder trial of Alex Murdaugh. The court made a digital recording of the trial as a backup to the court reporter. The transcript was so flawed it was of no use to the defense.

Retirement threats

The shortage in court reporters comes as a retirement wave hits the industry. Stenography is not a field that younger people often consider — and many who do become frustrated with the training process, which can take several years.

To bridge the gap, some courts are allowing “digital” reporters to transcribe testimony and judge’s orders. These workers use digital recording equipment, but then certify the transcripts themselves, adding a layer of human verification.

Different states have very different rules when it comes to electronic recording in courtrooms. California prohibits it in many civil cases. North Dakota, meanwhile, has switched to recording all proceedings, phasing out stenographers. And the Texas Supreme Court recently heard arguments on whether AI-assisted transcription tools can legally replace certified court reporters in Texas depositions.

Shortage is a “crisis”

The ban against automated court reporters in California has led to a lawsuit. Two legal nonprofits recently argued to the state Supreme Court that the banning of electronic recording impacts low-income litigants unfairly. The transcripts are needed to appeal cases, so people who cannot afford to pay for a private court recorder are often left with no recourse.

“The California judicial system is in crisis, and our most vulnerable civil litigants are paying an intolerable price for it,” said Sonya Winner of Covington & Burling LLP.