ABA Language Access Standards Project & the Development of Resources to Better Serve LEP Clients “Laying the Path: Creating National Standards for Language Access in State Courts” Project Consultants: Gillian Dutton & Kristi Cruz Advisory Group Member: Alma Zuniga

ABA Project Goals Create Standards that are practical and effective at creating access to courts for individuals with limited English proficiency. Set out requirements Share best practices Share resources

Scope of Project Legal principles Courts – primary focus on state courts ◦ Principles applicable to federal courts, tribal courts, military courts, territorial courts and administrative tribunals Attorneys – legal aid, private attorneys, public defenders, prosecutors Comprehensive discussion of “language access services” Identification of existing resources

Standards Framework 10 Standards & Commentary – 1—Fundamental Principle of Access to Courts for LEP Individuals 2 – Meaningful Access 3 – Identification of LEP Persons 4 – Interpreter Services in Legal Proceedings 5—Language Access Services in Court Services 6 – Language Access Services in Court-Mandated and Offered Services 7 – Provision of Translated Materials 8 – Interpreter / Translator Qualification 9 – Training 10 –Statewide Administration and Coordination of Language Access Services

ABA Standards for Language Access in Courts For more information, see: aid_indigent_defendants/initiatives/languag e_access.html aid_indigent_defendants/initiatives/languag e_access.html

National Advisory Committee National Center for State Courts Law Schools State Court Administrators ABA Committees and Commissions Court Interpreter Program Managers Interpreters & Translators Attorneys (Civil, Criminal, Prosecution, Defense, Private Practice) Community Orgs ASL Interpreter Perspective Ex Officio: Department of Justice & Legal Services Corporation Judges

Standards Review & Adoption Process Advisory Group Input Stakeholder Input ABA House of Delegates

A Brief Look at the Process for Drafting in 3 Topics of the Standards Language access services for court- mandated and court-offered services Translation of documents Language access services for pro se clients

Standard 6—Court-mandated and Court-offered Services Criminal—alternative adjudication, sentencing, and diversion programs Civil—counseling, treatment, classes, evaluations, alternative dispute resolution Court appointed professionals— appointed, paid for, or supervised by the courts Using a variety of language access services

Concerns from Courts Costs How to coordinate Services not always under court control Difficulties in monitoring What to do when not available How to prioritize Other?

Response to Concerns Budget and civil rights issues Court’s leadership and coordination role Contracts for services Data on language need available at courts Avoid discrimination in provision of services Collaboration at all levels Need for national resources

Standard 7—Translation of Documents Written information to ensure “meaningful access” Determine documents, languages and alternatives ◦ “vital” documents, information about services, court forms, individualized documents Adopt translation protocol ◦ Review prior, format, technology, glossaries, translators (primary and reviewer)

Concerns from Courts Cost Some LEP populations with low literacy Problems with variations in forms between jurisdictions Shifts in language needs over time and place Difficulty in updating translated materials Other?

Response to Concerns Cost of translation may be lower than repeated oral interpretation of written materials Alternative options such as video Promotion of increased efficiency and uniformity through coordination Use of demographic data Coordination and systemization of translation

Language Access Services for Pro se Clients (Discussed in Standard 5) Interpreters Bilingual staff Interpreted and translated materials Ethical considerations How to build language access into self- help systems

Concerns from Interpreters and Courts Interpreters ◦ Role of interpreter unclear ◦ Ethical violations ◦ Provision of legal advice ◦ Impact on in-court interpreting Courts ◦ Pro se LEP litigants increasing ◦ Cultural barriers to court access ◦ Administrative efficiency ◦ Other?

Response to Concerns Adequate training on ethics Use of tiered system to prioritize most qualified interpreters for use in court Recruitment and development of translator and interpreter resources Development of technology including translated documents and videos Pilot projects to test best practices

Development of Resources to Better Serve LEP Clients Need for resource development Current efforts ◦ Washington State Coalition for Language Access (WASCLA) ◦ National funding opportunities – DOJ, LSC, OVW ◦ NJP – LSC funded project to develop language access trainings & directory

Trainings NJP project to develop LEP trainings ◦ Identify language access issues that impact client cases ◦ Potential topics for trainings  How to work with interpreters  Language access and substantive area of law  Other?

WASCLA Statewide Interpreter & Translator Directory Centralized Multidisciplinary ◦ Courts, Legal Services, Medical, Education, Social Services Functionality ◦ Searchable by language, location, type of appointment, credentials, area of specialization

WASCLA Directory Additional directory uses and users? What functionality would you need to see to utilize the Directory?

Resources General LEP Information ◦ DOJ – lep.govlep.gov ◦ DOJ Federal Coordination and Compliance Section ◦ Washington State Coalition for Language Access ◦ Empire Justice Center – ◦ NLAAN -National Language Access Advocates NetworkNational Language Access Advocates Network

Resources Finding Demographic Data – ◦ Migration Policy Institute, U.S. Census & ACS Data, U.S. Department of Education, DOJ, state and local government agencies, local community-based and religious organizations Determining Federal Funding – ◦ DOJ, Title VI Legal Manual

Resources – Finding Interpreters and Translators How to find an interpreter – ◦ Administrative Office of the Courts Administrative Office of the Courts ◦ WITS WITS ◦ NOTIS NOTIS ◦ American Translator’s Association American Translator’s Association ◦ Registry of Interpreters for the Deaf Registry of Interpreters for the Deaf ◦ Upcoming Resource WASCLA Directory Tips for working with interpreters Bench Card – Courtroom Interpreting

Contact information Kristi Cruz ext. 238 Gillian Dutton Alma Zuniga (509) ext.15