Can a court reporter be ordered to produce transcripts for the use of the judge without charge?

A provision of New York law requiring reporters to furnish without charge transcripts for the use of the judge was upheld in Hammond v. [26 Cal.App.3d 208] Joseph, 271 App.Div. 677, 67 N.Y.S.2d 736, affirmed in 297 N.Y. 574, 74 N.E.2d 552, and a law similar in effect was approved in Goldstein v. Berry, 232 App.Div. 583, 251 N.Y.S. 47 (accord, Crane v. City of New York, 185 Misc. 456, 57 N.Y.S.2d 251, 253.) However, quite apart from the propriety of a different rate of compensation, there is no showing at bench that the volume of felony preliminary hearings is not such as would warrant a per-unit rate that results in a wholly equitable total compensation to the court reporter engaged in such work. ²

Absent any overriding constitutional infirmity, appellant can receive only that compensation which is expressly authorized by law. (County of San Diego v. Milotz, 46 Cal.2d 761, 767, 300 P.2d 1; footnote 1, supra.)

The judgment is affirmed.

HERNDON and FLEMING, JJ., concur.