Joint letter issued by the e Civil Rights Division, Office of Justice Programs, and Office for Access to Justice, addresses in detail the assessment of fines and fees against both adults and juveniles. The letter includes an updated discussion of the relevant case law on the assessments of fines and fees, cautions against discriminatory enforcement of fines and fees, and details the obligations of federal funding recipients to comply with federal statutory prohibitions against discrimination in the imposition and collection of fines and fees. Pages 16-18 of the joint letter discuss the how recipients of federal financial assistance, including court systems, must also comply with statutory prohibitions against discrimination in the imposition of fines and fees and this includes courts must, for instance, provide appropriate language assistance services to LEP individuals in connection with assessment and collection of fines and fees. Such assistance includes, but is not limited to, ensuring that court users with LEP have competent interpreting and translation services during all related hearings, trials, and motions, provided at no cost.
Language Access > Language Access: Courts
Topic: Language Access: Courts
Materials regarding language access in courts.
[pdf] DOJ Assistant Attorney General Letter to Chief Justices and State Court Administrators (2018) (+)
This letter provides state courts further clarity regarding the requirement that courts receiving federal financial assistance provide meaningful access to all court services for Limited English Proficient individuals including courtrooms and hearing in all types of cases and to court services including information counters, clerks offices, and all court ordered services (e.g., counseling, batterers treatment, guardians ad litem, child advocates). The letter emphasizes that:
“The Federal requirement to provide language assistance to LEP individuals applies notwithstanding conflicting state or local laws or court rules.”
“Dispensing justice fairly, efficiently, and accurately is a cornerstone of the judiciary.”
“Language services expenses should be treated as a basic and essential operating expense, not as an ancillary cost.”
[pdf] DOJ: Castaneda v. Superior Court of Arizona, Mohave County (May 11, 2015) (+)
DOJ Settlement with the Superior Court of Arizona Mohave County setting out the agreement between DOJ and the Court and the steps the court will take to provide language access to LEP persons to court services.
[pdf] Language Access Tools for Courts and Court Programs (2013) (+)
The Volunteer Lawyers Project and Transcend developed this bench card tool that summarizes the Department of Justice’s letter to state courts on DOJ’s language access requirements and the American Bar Associations standards for language access in courts and covers language identification, the need for and where to obtain qualified trained interpreters and competent written translations and discusses language access best practices.
[pdf] DOJ Language Access Planning and Technical Assistance Tool for Courts (February 2014) (+)
In this tool DOJ provides guidance to state courts on development of court language access plans.
[pdf] DOJ, Ensuring Language Access in the Courts (October 2023) (+)
The Civil Rights Division collaborates with state and local courts and stakeholders across the country to further the shared goal of equal access to the courts, regardless of English proficiency, and to ensure the integrity and fairness of the legal system for all. This publication provides examples of the Civil Rights Division’s enforcement and technical assistance activities that improve language access in state courts.
[pdf] NCSC, A Call to Action Access to Justice for Limited English Proficient Litigants Creating Solutions to Language Barriers in State Courts (July 2013) (+)
National Center for State Courts Call to Action reporting the results of a summit and publishing Action Steps: A Road Map to a Successful Language Access Program for state courts.
[pdf] NCSC, Access Brief Language Access and Self-Represented Litigants (March 2014) (+)
Brief by the Center on Court Access to Justice for All a project of the National Center for State Courts discussing steps courts can take to increase access to justice for self-represented litigants.
[pdf] Federal Funding Programs for State and Local Court Activities to Address Access to Justice for Limited English Proficient (LEP) Individuals (August 2011) (+)
Federal Coordination and Compliance Section, Civil Rights Division, U.S. Department of Justice publication providing charts describing federal funding opportunities available to state and local courts to support court’s work in providing language assistance services to LEP persons.
[pdf] DOJ: Remarks of Assistant Attorney General Kristen Clarke National Center for State Courts, Language Access in the Courts Convening (Virtual) October 26, 2023 (+)
Remarks of the DOJ Assistance Attorney General at an October 2023 Conference convened by the National Center for State Courts discussing the importance of language access in removing barriers to equal access to justice. and the work of the Justice Department’s Civil Rights Division in promoting language access to courts.
[pdf] Improving Access to Public Websites and Digital Services for Limited English Proficient (LEP) Persons (December 2021) (+)
Publication developed by the Federal Government’s Limited English Proficiency Committee Title VI Interagency Working Group.
[pdf] Language Access Flow Chart (Reach-Diversity) (+)
How to work with an interpreter after a qualified interpreter is selected.
[pdf] State v. Maria L. The Nebraska Supreme Court (April 8 2009) (+)
State v. Maria L., (2009) filed an amicus brief in a case before The Nebraska Supreme Court in a termination of parental rights case in which an undocumented immigrant mother was denied language access to child protective services, the courts and the hospital. In a unanimous decision that Nebraska Supreme Court returned two children to their Guatemalan mother who had been deported and her parental rights were terminated by the state ruling that undocumented, detained and deported immigrant parents have the constitutional right to care for, have custody of, and control over their children.
[pdf] National Center for State Courts State-Specific Resources (+)
Focuses on language access for court interpreting
[pdf] State-specific resources | NCSC (+)
This document contains state-by-state resources including bench cards and interpreting information. It is provided by the National Center for State Courts.
[pdf] What Court Interpreters Would Tell You If They Were Here (+)
What court interpreters would tell you to help you understand their jobs in order to better communicate with them.
[pdf] Fact Sheet: Language Access in Courts (June 12,2021) (+)
This fact sheet provides a check list with citations to best practices for providing language access to all forms of court proceedings (e.g., family, civil, protection order, criminal) and court services (e.g., clerks offices, pro bono clinics, court ordered treatment, probation).
[pdf] Best Practices: Remote Simultaneous Interpreting (RSI) in Courts (+)
This sheet gives tips on remote simultaneous interpreting within courts, while using Zoom.
BUILDING LAW ENFORCEMENT CAPACITY TO SERVE IMMIGRANT VICTIMS
Table of Contents U-Visa “Helpfulness” Checklist CATEGORY: MANUAL DHS U and T Visa Law Enforcement Resource Guide Updated 11.30.15 Glossary of Terms for Work with Immigrant Survivors (November 15, 2017) U Visa Helpfulness Case Scenarios Collection of U-Visa News Articles Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges […]
[pdf] Appendix I – Language Access Letter to Courts (+)
This Appendix is a language access letter to courts. The letter provides clarity regarding the requirement that courts receiving federal financial assistance provide meaningful access for limited English proficient (LEP)
November 3, 2017: Rockford, IL “What do State Courts Need to Know about Immigration and Why: Human Trafficking and Family Violence”
Training Materials PowerPoint Presentations for Training Technical Assistance Flyer Immigration Relief for Crime Victims and Children Know Your Rights Information DHS Interactive Infographic on Protections for Immigrant Victims Immigration Options for Victims of Crime -DHS Brochure Multilingual Materials for Victims and Advocates Pathways to Immigration Relief for Students Forms of Immigration Relief Bench Card: Overview […]
[pdf] Bench Card: Working With Court Interpreters (December 2016) (+)
Bench card for state court judges on best practices for working with interpreters. Based on training materials developed by the Asian Pacific Institute on Gender Based Violence.
[pdf] DOJ Announcement on the Investigation of the Superior Court of California, Los Angeles County and Judicial Council of California (+)
[pdf] Limited English Proficiency (LEP) & Courts Letter, DOJ, 2003 (+)
Department of Justice, 2003: Guidance for Courts
[pdf] National Association of Judiciary Interpreters & Translators Code of Ethics and Professional Responsibilities (+)
This code of conduct developed by the National Association of Judiciary Interpreters and Translators is a model code used by interpreters across the country. Law enforcement officials, courts, attorneys and advocates using interpreters often ask/require that interpreters with whom they work agree to follow this code when providing interpretation and translation services.
The function of court interpreters and translators is to remove the language barrier to the extent possible, so that such persons’ access to justice is the same as that of similarly-situated English speakers for whom no such barrier exists. The degree of trust that is placed in court interpreters and the magnitude of their responsibility necessitate high, uniform ethical standards that will both guide and protect court
[pdf] Chapter 02: Ensuring Language Access to Immigrant Victims of Sexual Assault (July 1, 2013) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides an overview of federal language access laws that apply to work involving immigrant and Limited English Proficient victims of sexual assault. It includes a discussion of the history and development of federal language access laws, Title VI of the Civil Rights Act, how to research demographics of the LEP community in your jurisdiction, definitions of who are LEP persons, federal enforcement of LEP laws, the importance of using qualified interpreters, an overview of language access plans, steps for determining interpreter qualifications, translation requirements, tips and best practices.
[pdf] Important Tips to Remember When Using an Interpreter (+)
Tips to remember when working with an interpreter and a non-English speaking client.
[pdf] DOJ Letter to State Courts on Language Access (August 16, 2010) (+)
A memo from the Department of Justice in support of providing interpreters and other benefits to limited English proficient (LEP) individuals in courts in order to ensure their meaningful access to the court system.
[pdf] Proper Role of a Court Interpreter (+)
Guidelines of what an individuals should look for when working with a court interpreter.
[pdf] NCSC, Serving Limited English Proficient (LEP) Battered Women: A National Survey of the Courts’ Capacity to Provide Protection Orders (June 30, 2006) (+)
This study explores the capacity of Limited English Proficient (LEP) petitioners to receive
orders of protection. It was carried out by using a multi-method study design that included a
national survey of courts, an intensive survey of a select group of courts and community-based
organizations within their jurisdictions, and the assessment of selected sites that can serve as
national models.
[pdf] NCSC White Paper: Improving the Courts’ Capacity to Serve Limited English Proficient Persons Seeking Protection Orders (+)
Improving court’s ability to serve limited English proficient (LEP) individuals who are seeking protection orders.
[pdf] Bench Card: Court Interpretation in Protection Order Hearings (+)
Judicial benchcard to help judges determine when a language interpreter is necessary and how to appoint and work with an interpreter an interpreter during Order of Protection Proceedings.