THE RECORD IS NOT OPTIONAL – Despite AB 2664, Attorneys Still Challenge Freelance Reporters in Courtrooms

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In April 2025, a freelance court reporter shared a troubling story: an attorney attempted to oppose the appointment of a reporter pro tempore during a hearing. Despite clear legal precedent, the attorney challenged the reporter’s right to be present simply because the reporter was a freelancer.

This should no longer be happening. California law settled this issue seven years ago with the passage of AB 2664, a bill designed to stop exactly this kind of obstruction. And yet, here we are.

The Law is Clear: AB 2664

Back on May 10, 2018, AB 2664—authored by Assemblymember Chris Holden and championed by the California Deposition Reporters Association (CalDRA)—was passed unanimously in the Assembly by a vote of 72 to 0. It was a landmark win for the court reporting profession, particularly for freelancers who were regularly being sidelined by attorneys using procedural tricks to prevent proceedings from being reported.

The bill’s core purpose was simple: to ensure that when one party in a case wants the record preserved, a reporter—whether staff or freelance—must be appointed. Attorneys could no longer refuse to stipulate to a reporter for the sake of strategy, delay, or intimidation.

“Help is on the way for freelancers and litigants who have been victims of lawyer hardball litigation tactics,” said CalDRA Legislative Chair Antonia Pulone at the time.

Pulone, who was the true architect behind the bill, poured her heart and soul into this legislation. It was her tireless work, strategic thinking, and deep understanding of both the legal and legislative worlds that ensured AB 2664 became law.

Yet, sadly, the profession lost this brilliant advocate far too soon. In August 2021, Toni Pulone passed away after a long battle with cancer. Her death left a profound void in the field of court reporting, and her absence has been felt deeply ever since. The fight for freelancers—particularly in the face of obstructionist tactics in court—has been harder without her leadership.

While then-CalDRA President Cheryl Haab was more visible in the role and quick to offer the message: “Freelancers, we’ve got your back,” those inside the organization knew who truly drove the effort. Pulone was the architect, the strategist, the one who rolled up her sleeves and got the bill across the finish line.

Toni’s passing has left the profession without one of its most skilled and passionate advocates, and the fight for freelancers has felt like it has been floundering without her guiding hand.

And Yet, in 2025…

Despite the clear legal mandate established by AB 2664, many freelancers still report being challenged in courtrooms—especially when appointed as reporters pro tempore. These objections are often made under the guise of formality or due process, but in practice, they serve to exclude qualified professionals and to prevent proceedings from being transcribed—an act that can have severe consequences for litigants seeking appeals or official records.

The tactic hasn’t changed: one party doesn’t want a record, so they try to block the appointment of a freelance reporter. The only difference now is that it’s illegal.

Whether through ignorance or indifference, some attorneys are still disregarding the law. That’s why reporters today need to be as vigilant and prepared as ever—armed with the knowledge of AB 2664 and ready to cite it when challenged.

What AB 2664 Actually Says

The heart of AB 2664 is that if even one party in a case wants a record of the proceedings, a reporter must be appointed. The court is not permitted to withhold this appointment based on whether both parties agree. This applies to official staff reporters as well as reporters pro tempore—so long as the reporter meets the qualifications.

Blocking a freelancer without valid cause is not just unprofessional—it’s a violation of state law.

Know Your Rights, Know the Law

For court reporters, particularly freelancers who work in court, memorizing AB 2664 is not optional. Print it, carry it, and be ready to present it. If you’re appearing in court and an attorney attempts to block your appointment, you need to be ready to respond confidently and with authority.

It’s unfortunate that in 2025, nearly a decade after this bill became law, court reporters still have to fight these battles—but they do. So be ready. Don’t let legal gamesmanship silence the record.

A Call to the Courts

This is not just a problem for court reporters—it’s a problem for the justice system. When attorneys are allowed to prevent the creation of an official record, they undermine transparency, due process, and the appellate system itself. Courts must be more proactive in enforcing AB 2664 and protecting the integrity of the judicial process.

If a party wants the record preserved, there should be no debate. The law has spoken.

The Fight Isn’t Over

CalDRA’s triumph in 2018 was a major step forward, but it wasn’t the end of the road. The continued obstruction of freelance reporters proves that vigilance, education, and enforcement are still needed.

As CalDRA said back then, “We’ve got your back.” But it’s also up to every reporter to know their rights, cite the law, and push back when challenged. You are not alone—and you are not without power.

The law is on your side. The record matters. Don’t let anyone tell you otherwise.

Published by stenoimperium

We exist to facilitate the fortifying of the Stenography profession and ensure its survival for the next hundred years! As court reporters, we've handed the relationship role with our customers, or attorneys, over to the agencies and their sales reps.  This has done a lot of damage to our industry.  It has taken away our ability to have those relationships, the ability to be humanized and valued.  We've become a replaceable commodity. Merely saying we are the “Gold Standard” tells them that we’re the best, but there are alternatives.  Who we are though, is much, much more powerful than that!  We are the Responsible Charge.  “Responsible Charge” means responsibility for the direction, control, supervision, and possession of stenographic & transcription work, as the case may be, to assure that the work product has been critically examined and evaluated for compliance with appropriate professional standards by a licensee in the profession, and by sealing and signing the documents, the professional stenographer accepts responsibility for the stenographic or transcription work, respectively, represented by the documents and that applicable stenographic and professional standards have been met.  This designation exists in other professions, such as engineering, land surveying, public water works, landscape architects, land surveyors, fire preventionists, geologists, architects, and more.  In the case of professional engineers, the engineering association adopted a Responsible Charge position statement that says, “A professional engineer is only considered to be in responsible charge of an engineering work if the professional engineer makes independent professional decisions regarding the engineering work without requiring instruction or approval from another authority and maintains control over those decisions by the professional engineer’s physical presence at the location where the engineering work is performed or by electronic communication with the individual executing the engineering work.” If we were to adopt a Responsible Charge position statement for our industry, we could start with a draft that looks something like this: "A professional court reporter, or stenographer, is only considered to be in responsible charge of court reporting work if the professional court reporter makes independent professional decisions regarding the court reporting work without requiring instruction or approval from another authority and maintains control over those decisions by the professional court reporter’s physical presence at the location where the court reporting work is performed or by electronic communication with the individual executing the court reporting work.” Shared purpose The cornerstone of a strategic narrative is a shared purpose. This shared purpose is the outcome that you and your customer are working toward together. It’s more than a value proposition of what you deliver to them. Or a mission of what you do for the world. It’s the journey that you are on with them. By having a shared purpose, the relationship shifts from consumer to co-creator. In court reporting, our mission is “to bring justice to every litigant in the U.S.”  That purpose is shared by all involved in the litigation process – judges, attorneys, everyone.  Who we are is the Responsible Charge.  How we do that is by Protecting the Record.

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