San Diego, California (PRWEB) November 01, 2012
San Diego Family Law Attorney Craig A. Candelore, owner and managing attorney of the Men’s Legal Center, and Wayne J. Rice, Senior Staff Attorney, spoke with Sharon Chen, reporter for Fox 5 San Diego, about the elimination of 41 court reporter positions in the San Diego Superior Courts due to unprecedented budget cuts. The San Diego Superior Court has announced that court reporters will not be provided in civil cases. Family court cases are considered civil cases, but, court reporters will continue to be provided in certain family law matters—for now.
According to the Judge Maureen Hallahan, presiding Judge of the Family Law Division, effective December 28, 2012, in family court matters, court reporters will only be provided for Contempt hearings, Request for Order hearings of 40 minutes or less, and Domestic Violence Restraining Order hearings. In motion hearings longer than 40 minutes and family law trials, the litigants will be required to provide their own reporters.
According to Craig Candelore, parties in these matters who want court reporters to will be able to select one from a court-approved list or may stipulate to a privately-retained court reporter. Without an accurate record of what transpires in a hearing, recreating a court order may prove difficult. It is likely that litigants will disagree about the content of an order, which could result in renewed argument on the same issue before a court. This is especially true in family court, where 70% of the litigants are self-represented. If both litigants have their own court reporter, in case of a dispute, whose recording would prevail? While the loss of a written record will almost certainly result in delays in the entry of court orders, even more striking is the lack of a record from which to appeal.
As described by Craig Candelore, appellate courts routinely rely on accurate transcripts, and some appeals may not be possible without them. In addition, most parties will not be able to afford the cost of a court reporter. Tape recordings may provide a solution in the future, but presently are not permitted. In sum, the decision to eliminate court reporters during divorce proceedings adds stress and even more uncertainty to an already volatile situation for many who are already struggling financially and emotionally.
To view the Fox 5 San Diego TV coverage go to: http://www.fox5sandiego.com/news/kswb-court-reporters-cut-from-san-diego-court-rooms-20120910,0,1212968.story.
About the Men’s Legal Center
The Men's Legal Center, Family Law Advocates® specializes in representing men and non-custodial parents in family law court. Their dedicated group of divorce lawyers have decades of experience and have successfully represented thousand of clients in San Diego County and Southern California. The firm handles cases involving divorce, legal separation, property division, child support, spousal support, child custody, child visitation, high asset divorce cases and military divorce cases, among many others. Their commitment is to provide effective representation in family court when so much is at stake. The Men’s Legal Center, Family Law Advocate® web site can be found at http://www.menslegal.com.