A litigation boutique based in Oakland, California, representing plaintiffs and defendants in complex civil litigation.
The Norton Law Firm PC Files Amicus Brief on Behalf of Law Professors Supporting Equal Access to Justice in the California Supreme Court
The Norton Law Firm PC proudly represents a distinguished coalition of law professors in filing an amicus curiae brief supporting petitioners Family Violence Appellate Project (FVAP) and Bay Area Legal Aid in a landmark case before the California Supreme Court, Family Violence Appellate Project v. Superior Court (S288176). The case addresses California’s prohibition on electronically recording certain court proceedings, a restriction that disproportionately impacts low-income litigants who cannot afford private court reporters.
Each year, more than one million hearings take place in California’s trial courts without a verbatim transcript due to the combined effect of a court reporter shortage and a statutory prohibition on electronic recordings. This gap in record-keeping jeopardizes litigants’ rights to appeal and undermines the transparency of our judicial system.
The Norton Law Firm’s amicus brief argues that California’s constitutional requirement for superior courts to serve as “courts of record” mandates accurate and contemporaneous verbatim recordings of court proceedings. Due to a severe shortage of court reporters statewide, thousands of court proceedings occur daily without a verbatim record, denying indigent litigants equal access to justice and meaningful appellate review.
“Our brief emphasizes the historical and constitutional importance of maintaining accurate court records,” said Josephine Petrick, lead counsel and partner at The Norton Law Firm. “Modern electronic recording technologies offer courts an effective, affordable solution to fulfill their constitutional obligations and to ensure fairness for all litigants, regardless of their economic status.”
The brief was filed on behalf of prominent legal scholars from institutions including Yale Law School, UC Berkeley Law, Stanford Law School, Columbia Law School, and others nationwide. These experts emphasize that accurate court records promote transparency, accountability, and the fair administration of justice, consistent with longstanding legal traditions.
The California Supreme Court’s decision could significantly impact California’s legal landscape by addressing systemic inequities and potentially expanding access to justice for thousands of Californians. Read the amicus brief here.