New law codifies rules on remote court

Gov. Gavin Newsom signed a bill dealing with case backlogs that could mark a tipping point in a long-running battle pitting courts and attorneys against groups representing court reporters and interpreters. SB1146, signed Friday codifies rules allowing for remote electronic service, appearances and depositions.

Courts in California and around the nation were moving in this direction well before the pandemic, with the state's Judicial Council spending millions of dollars in recent years to allow court users to conduct business over the internet.

"SB 1146 will adapt our judicial system to handle some of the most immediate court-related problems caused by the COVID-19 pandemic, and simultaneously bring the courts closer to adapting to 21st century technology," the bill's author, Sen. Thomas J. Umberg, D-Santa Ana, said in a news release Monday.

The California Defense Counsel and the Consumer Attorneys of California co-sponsored the bill. The consumer attorneys group also backed Umberg when he narrowly defeated Republican incumbent Janet Nguyen in 2018.

The main opposition to the bill came from the California Court Reporters Association. "Remote depositions should not be used as an excuse to send work out of state, especially considering that different states have different laws and regulations surrounding depositions and labor codes that protect workers," the group said in a statement published in an August Senate analysis. Emails and calls to the group and its lobbyist seeking comment Monday were not returned.

The Court Reporters Association has waged a long battle against changes that would make it easier for court reporting and transcription companies from out of state to operate in California. The group pushed for an amendment to SB 1146 to require a reporter working remotely to be located within the state.

Instead, late amendments turned the bill into an urgency statute -- requiring a two-thirds vote in both houses -- meaning it became law immediately when Newsom signed it on Friday night. The two-thirds requirement wasn't much of a hurdle; SB 1146 passed by a combined 110-0 through the Assembly and Senate on the last day of session.

Plaintiffs' injury attorney R. Rex Parris with the Parris Law Firm in Lancaster welcomed the new law.

"We have always had this terribly inefficient system," Parris said. "Litigation should not be so damn expensive. If we did it virtually we shouldn't have to need court reporters because it's all recorded. The only reason you have court reporters now with virtual proceedings is because court reporters have lobbyists."

Another portion of the bill allows for continuances for deadlines and trial dates that had not passed as of March 19. This portion of the bill will expire 180 days after the expiration of Newsom's March 4 state of emergency prompted by the virus.

Newsom also signed two dozen other bills Friday. These include AB 1869, which among other provisions repeals several fees associated with court-appointed representation on criminal charges and voids the ability to collect some existing debt associated with such fees. It also removes a court's ability to put liens on a defendant's property for unpaid fees and requires an ability-to-pay determination be made after trial for any remaining fees for the use of a public defender.

AB 1869 is also part of a long-term trend, in this case away from pursuing many civil and criminal fees the Legislature has passed over the years. Much of this debt has proven uncollectable, creating an ongoing hole in courts' budgets when collections fall below targets.

Newsom also signed SB 739, which makes it a misdemeanor to "distribute specified false or misleading information regarding the qualifications to apply for, receive, or return a vote by mail ballot with actual knowledge and intent to deceive."

The bill is a response to cases in recent years in which voters have received mailers, social media messages, robocalls or other communications that have misrepresented the date of election day or polling place locations. Some voters have been told they could cast a vote by sending a text.