Judge Need Not Inquire if the Parties Want a Court Reporter

Wednesday, December 11, 2019

Page 3

Judge Need Not Inquire if the Parties Want a Court Reporter—C.A.

By a MetNews Staff Writer

The Third District Court of Appeal has held that an order need not be reversed because the trial judge did not require a reporter’s transcript of a hearing or make inquiry if the parties wanted one.

A judge has no such duty Acting Presiding Justice Coleman Blease said in an unpublished opinion, filed Monday. The opinion affirms an order of the Yuba Superior Court denying a request for grandparent visitation.

The grandparents relied on the California Supreme Court’s opinion last year in Jameson v. Desta.

“This reliance is misplaced,” Blease said, explaining:

“In Jameson, as a matter of ensuring equal access to justice, the California Supreme Court held that a litigant who ‘qualifies for a waiver of initial court filing fees is entitled, as well, to a waiver of fees for the attendance of an official court reporter at a hearing or trial.’…This rule does not apply to these petitioners, as they did not seek or obtain a fee waiver, and there is no claim they were denied access to justice. Moreover, nothing in Jameson imposes a duty on the court to inquire if a party wants a verbatim transcript. The portion of the opinion which petitioners cite to support their contention is a recitation of the factual background in Jameson….The recitation of facts is not a holding, nor does it impose any duty on the court.”

The case is Healy v. Freeman, C087962.