Business and Professions Code Section 8030.2 through 8030.8
- (a) To provide shorthand reporting services
to low-income litigants in civil cases, who are unable to otherwise
afford those services, funds generated by fees received by the board
pursuant to subdivision (c) of Section 8031 in excess of funds needed
to support the board's operating budget for the fiscal year in which
a transfer described below is made shall be used by the board for
the purpose of establishing and maintaining a Transcript Reimbursement
Fund. The Transcript Reimbursement Fund shall be established by a
transfer of funds from the Court Reporters' Fund in the amount of
three hundred thousand dollars ($300,000) at the beginning of each
fiscal year. Notwithstanding any other provision of this article,
a transfer to the Transcript Reimbursement Fund in excess of the
fund balance established at the beginning of each fiscal year shall
not be made by the board if the transfer will result in the reduction
of the balance of the Court Reporters' Fund to an amount less then
six months' operating budget.
- (b) All moneys held in the Court Reporters'
Fund on the effective date of this section in excess of the board's
operating budget for the 1996-97 fiscal year shall be used as provided
in subdivision (a).
- (c) Refunds and unexpended funds that are
anticipated to remain in the Transcript Reimbursement Fund at the
end of the fiscal year shall be considered by the board in establishing
the fee assessment pursuant to Section 8031 so that the assessment
shall maintain the Transcript Reimbursement Fund as specified in
subdivision (a), in the following fiscal year.
- (d) The Transcript Reimbursement Fund is
hereby created in the State Treasury. Notwithstanding Section 13340
of the Government Code, moneys in the Transcript Reimbursement Fund
are continuously appropriated for the purposes of this chapter.
- (e) Applicants who have been reimbursed
pursuant to this chapter for services provided to litigants and who
are awarded court costs or attorneys' fees by judgment or by settlement
agreement, shall refund the full amount of that reimbursement to
the fund within 90 days of receipt of the award or settlement.
- (f) Subject to the limitations of this chapter,
the board shall maintain the fund at a level that is sufficient to
pay all qualified claims. To accomplish this objective, the board
shall utilize all refunds, unexpended funds, fees, and any other
moneys received by the board.
- (g) Notwithstanding Section 16346 of the
Government Code, all unencumbered funds remaining in the Transcript
reimbursement Fund as of June 29, 2001, shall be transferred to the
Court Reporters' Fund.
- (h) This section shall remain in effect only
until January 1, 2011, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2011, deletes or
extends that date.
8030.4. As used in this chapter:
- (a) "Qualified legal services project" means
a nonprofit project incorporated and operated exclusively in California
that provides as its primary purpose and function legal services
without charge to indigent persons, has a board of directors or advisory
board composed of both attorneys and consumers of legal services,
and provides for community participation in legal services programming.
Legal services projects funded either in whole or in part by the
Legal Services Corporation or with Older Americans Act funds are
presumed to be qualified legal services projects for the purposes
of this chapter.
- (b) "Qualified support center"
means an incorporated nonprofit legal services center, having an
office or offices in California, which office or offices provide
legal services or technical assistance without charge to qualified
legal services projects and their clients on a multicounty basis
in California. Support centers funded either in whole or in part
by the Legal Services Corporation or with Older Americans Act funds
are presumed to be qualified legal services projects for the purposes
of this chapter.
- (c) "Other qualified project"
means a nonprofit organization formed for charitable or other public
purposes, not receiving funds from the Legal Services Corporation
or pursuant to the Older Americans Act, which organization or association
provides free legal services to indigent persons.
- (d) "Pro bono attorney"
means any attorney, law firm, or legal corporation, licensed to practice
law in this state, which undertakes without charge to the party
the representation of an indigent person, referred by a qualified
legal services project, qualified support center, or other qualified
project, in a case not considered to be fee generating as defined
in this chapter.
- (e) "Applicant" means a qualified
legal services project, qualified support center, other qualified
project, or pro bono attorney applying to receive funds from the
Transcript Reimbursement Fund established by this chapter. The term "applicant"
shall not include persons appearing pro se to represent themselves
at any stage of the case.
- (f) "Indigent person"
means (1) any of the following:
- (A) A person whose income is 125 percent or less of the current
poverty threshold established by the Office of Management and
Budget of the United States.
- (B) A person who is eligible for supplemental security income.
- (C) A person who is eligible for, or receiving, free services
under the Older Americans Act or the Developmentally Disabled
- (D) A person whose income is 75 percent or less of the maximum
level of income for lower income households as defined in Section
50079.5 of the Health and Safety Code, for purposes of a program
that provides legal assistance by an attorney in private practice
on a pro bono basis. (2) For the purposes of this subdivision,
the income of a person who is disabled shall be determined after
deducting the costs of medical and other disability-related special
- (g) "Fee-generating case"
means any case or matter which, if undertaken on behalf of an eligible
client by an attorney in private practice, reasonably may be expected
to result in payment of a fee for legal services from an award
to a client, from public funds, or from an opposing party. A reasonable
expectation as to payment of a legal fee exists wherever a client
enters into a contingent fee agreement with his or her lawyer.
If there is no contingent fee agreement, a case is not considered
fee generating if adequate representation is deemed to be unavailable
because of the occurrence of any of the following circumstances:
- (1) If the applicant has determined
that referral is not possible because of any of the following:
- (A) The case has been rejected
by the local lawyer referral service, or if there is no such
service, by two private attorneys who have experience in
the subject matter of the case.
- (B) Neither the referral service
nor any lawyer will consider the case without payment of
a consultation fee.
- C) The case is of the type that
private attorneys in the area ordinarily do not accept, or
do not accept without prepayment of a fee.
- (D) Emergency circumstances compel
immediate action before referral can be made, but the client
is advised that, if appropriate and consistent with professional
responsibility, referral will be attempted at a later time.
- (2) If recovery of damages is not the
principal object of the case and a request for damages is merely
ancillary to an action for equitable or other nonpecuniary relief;
or inclusion of a counterclaim requesting damages is necessary
for effective defense or because of applicable rules governing
joinder of counterclaims.
- (3) If a court appoints an applicant
or an employee of an applicant pursuant to a statute or a court
rule or practice of equal applicability to all attorneys in the
- (4) In any case involving the rights
of a claimant under a public supported benefit program for which
entitlement to benefit is based on need.
- (h) "Legal Services Corporation"
means the Legal Services Corporation established under the Legal
Services Corporation Act of 1974, Public Law 93-355, as amended.
- (i) "Supplemental security income recipient" means
an individual receiving or eligible to receive payments under Title
XVI of the Social Security Act, Public Law 92-603, as amended, or
payment under Chapter 3 (commencing with Section 12000) of Part 3
of Division 9 of the Welfare and Institutions Code.
- (j) "Lawyer referral service"
means a lawyer referral program authorized by the State Bar of California
pursuant to the rules of professional conduct.
- (k) "Older Americans Act"
means the Older Americans Act of 1965, Public Law 89-73, as amended.
- (l) "Rules of professional conduct" means
those rules adopted by the State Bar pursuant to Sections 6076 and
- (m) "Certified shorthand reporter"
means a shorthand reporter certified pursuant to Article 3 (commencing
with Section 8020) performing shorthand reporting services pursuant
to Section 8017.
- (n) "Case" means a single legal
proceeding from its inception, through all levels of hearing, trial,
and appeal, until its ultimate conclusion and disposition.
- (o) "Developmentally Disabled Assistance Act" means the
Developmentally Disabled Assistance and Bill of Rights Act of 1975,
(42 U.S.C. Sec. 6001 et seq.) as amended.
- (p) This section shall remain in effect only until January 1, 2011,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2011, deletes or extends that date.
- (a) The applicant or certified shorthand
reporter shall promptly submit to the board the certified shorthand
reporter's invoice for transcripts together with the appropriate
documentation as is required by this chapter.
- (b) Except as provided in subdivision (c),
the board shall promptly determine if the applicant or the certified
shorthand reporter is entitled to reimbursement under this chapter
and shall make payment as follows:
- (1) Regular customary charges for preparation
of original deposition transcripts and one copy thereof, or a
copy of the transcripts.
- (2) Regular customary charges for expedited
deposition transcripts up to a maximum of two thousand five hundred
dollars ($2,500) per case.
- (3) Regular customary charges for the
preparation of original transcripts and one copy thereof, or
a copy of transcripts of court proceedings.
- (4) Regular customary charges for expedited
or daily charges for preparation of original transcripts and
one copy thereof or a copy of transcripts of court proceedings.
- (5) The charges may not include notary
or handling fees. The charges may include actual shipping costs
and exhibits, except that the cost of exhibits may not exceed
thirty-five cents ($0.35) each or a total of thirty-five dollars
($35) per transcript.
- (c) The maximum amount reimbursable by the
fund under subdivision (b) may not exceed twenty thousand dollars
($20,000) per case per year.
- (d) If entitled, and funds are available,
the board shall forthwith disburse the appropriate sum to the applicant
or the certified shorthand reporter when documentation as provided
in subdivision (d) of Section 8030.8 accompanies the application.
A notice shall be sent to the recipient requiring the recipient to
file a notice with the court in which the action is pending stating
the sum of reimbursement paid pursuant to this section. The notice
filed with the court shall also state that if the sum is subsequently
included in any award of costs made in the action, that the sum is
to be ordered refunded by the applicant to the Transcript Reimbursement
Fund whenever the sum is actually recovered as costs. The court may
not consider whether payment has been made from the Transcript Reimbursement
Fund in determining the appropriateness of any award of costs to
the parties. The board shall also forthwith notify the applicant
that the reimbursed sum has been paid to the certified shorthand
reporter and shall likewise notify the applicant of the duty to refund
any of the sum actually recovered as costs in the action.
- (e) If not entitled, the board shall forthwith
return a copy of the invoice to the applicant and the designated
certified shorthand reporter together with a notice stating the grounds
- (f) The board shall complete its actions
under this subdivision within 30 days of receipt of the invoice and
all required documentation, including a completed application.
- (g) Applications for reimbursements from
the fund shall be filled on a first-come basis.
- (h) Applications for reimbursement that cannot
be paid from the fund due to insufficiency of the fund for that fiscal
year shall be held over until the next fiscal year to be paid out
of the renewed fund. Applications held over shall be given a priority
standing in the next fiscal year.
- (i) This section shall remain in effect only until
January 1, 2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends that date.
- (a) For purposes of this chapter, documentation
accompanying an invoice is sufficient to establish entitlement for
reimbursement from the Transcript Reimbursement Fund if it is filed
with the executive officer on an application form prescribed by the
board that is complete in all respects, and that establishes all
of the following:
- (1) The case name and number and that
the litigant or litigants requesting the reimbursement are indigent
- (2) The applicant is qualified under
the provisions of this chapter.
- (3) The case is not a fee-generating
case, as defined in Section 8030.4.
- (4) The invoice or other documentation
shall evidence that the certified shorthand reporter to be reimbursed
was, at the time the services were rendered, a duly licensed
certified shorthand reporter.
- (5) The invoice shall be accompanied
by a statement, signed by the applicant, stating that the charges
are for transcripts actually provided as indicated on the invoice.
- (6) The applicant has acknowledged,
in writing, that as a condition of entitlement for reimbursement
that the applicant agrees to refund the entire amount disbursed
from the Transcript Reimbursement Fund from any costs or attorneys'
fees awarded to the applicant by the court or provided for in
any settlement agreement in the case.
- (7) The certified shorthand reporter's
invoice for transcripts shall include separate itemizations of
charges claimed, as follows:
- (A) Total charges and rates for
customary services in preparation of an original transcript
and one copy or a copy of the transcript of depositions.
- (B) Total charges and rates for
expedited deposition transcripts.
- (C) Total charges and rates in connection
with transcription of court proceedings.
- (b) For an applicant claiming to be eligible
pursuant to subdivision (a), (b), or (c) of Section 8030.4, a letter
from the director of the project or center, certifying that the project
or center meets the standards set forth in one of those subdivisions
and that the litigant or litigants are indigent persons, is sufficient
documentation to establish eligibility.
- (c) For an applicant claiming to be eligible
pursuant to subdivision (d) of Section 8030.4, a letter certifying
that the applicant meets the requirements of that subdivision, that
the case is not a fee-generating case, as defined in subdivision
(g) of Section 8030.4, and that the litigant or litigants are indigent
persons, together with a letter from the director of a project or
center defined in subdivision (a), (b), or (c) of Section 8030.4
certifying that the litigant or litigants had been referred by that
project or center to the applicant, is sufficient documentation to
- (d) The applicant may receive reimbursement
directly from the board when the applicant has previously paid the
certified shorthand reporter for transcripts as provided in Section
8030.6. To receive payment directly, the applicant shall submit,
in addition to all other required documentation, an itemized statement
signed by the certified shorthand reporter performing the services
that describes payment for transcripts in accordance with the requirements
of Section 8030.6.
- (e) The board may prescribe appropriate forms
to be used by applicants and certified reporters to facilitate these
- (f) This chapter does not restrict the contractual
obligation or payment for services, including, but not limited to,
billing the applicant directly, during the pendency of the claim.
- (g) This section shall remain in effect only until January 1, 2011,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2011, deletes or extends that date.