[EDITORIAL] Family court needs to enter electronic age; RLG’s Kaine Fisher notes Maricopa County already there

Family courtThe Sacramento Bee

Family law court is where the most intimate disputes are litigated – cases such as divorce, child custody, alimony and child support.

It’s also where the contentious debate between court reporters and electronic recording is the most consequential.

Couples seeking to dissolve their marriages, make custody arrangements for their children, or dispute alimony and child support demands invariably arrive at family court in an emotional state, too distraught to hear or understand the blur of a half dozen or so court orders handed down in a typical case. Many who are poor come without lawyers.

State law bans the use of electronic recording devices in most courtrooms in California, including family court. If family law litigants want a record of what happens at their divorce or child custody hearings, they have to purchase the services of a court reporter, which in Sacramento costs a minimum of $239 for a half day. And that cost comes on top of more than $400 in court filing fees for a simple divorce.

Statement by Kaine Fisher, head of RLG’s Family Law Dept.: Let’s just say I am grateful we are blessed in Maricopa County to have electronic recording (which sometimes even includes video) for all court proceedings.  I don’t know what I would do without it.  It takes only a few days to order and obtain one and the cost is relatively cheap.  This is particularly important in resolving time sensitive disputes when parties have a different perception on previous agreements read which have been read onto the record or in recounting a particular court order.  It is also extremely helpful for an attorney taking on a new case that he/she has not been a part of from the beginning.  Essentially it’s a way to effectively and efficiently travel back in time for purposes of getting up to speed.   Oftentimes, a written transcript does not convey a party’s body language, demeanor, etc.  This is a great benefit that apparently some states do not have.”

Continued: 

If you’d like to discuss family law, contact with Kaine Fisher, head of RLG’s Family Law Department, kfisher@roselawgroup.com.

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February 2013
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