Comments on: Language access to the courts http://www.lsnc.net/equity/2007/09/21/language-access-to-the-courts/ Thu, 18 Feb 2010 19:49:57 +0000 hourly 1 http://wordpress.org/?v=3.0 By: Zenobia Lai http://www.lsnc.net/equity/2007/09/21/language-access-to-the-courts/comment-page-1/#comment-5349 Zenobia Lai Sat, 01 Dec 2007 19:04:45 +0000 http://lsnc.net/equity/2007/09/21/language-access-to-the-courts/#comment-5349 Mass. Gen Laws.c.221C, Sec. 2 that governs the provision of interpreters for non-English speakers in legal proceedings covers civil proceedings: '[a] non-English speaker, throughout a legal proceeding, shall have a right to the assistance of a qualified interpreter who shall be appointed by the judge." The standards and procedures of the Office of Court Interpreter Services that coordinate the appointment, certification and compensation of court interpreters have a ranking ordering in scheduling priority, which is as follows: criminal, juvenile, abuse prevention, civil commitment, housing cases and proceedings to secure child support payment. http://www.mass.gov/courts/admin/interpreters/finalstanproc.pdf. In my experience with the probate and family courts, I routinely include the costs of court appointed interprerters in the Affidavit of Indigency and request for fee waivers, and these are routely allowed. In Housing Court, usually a Motion for paid interpreters would be filed to cover the cost of interpreters, and is included in the pro se materials for clients in our housing clinic. The costs for court appointed interpreters are covered by the state in Massachusetts for indigent parties in civil cases. This, however, does not mean that interpreter is always available even when one follows all the procedure to request for one in a civil matter, and the appointment of one is within a judge's discretion. There is one reported case where the court denied a party the right to an interpreter by finding that the person understood English and did not have the need for an interpreter in past legal proceedings. The issue of right to court interpreter in civil proceedings does not appear to be a highly litigated issue in Massachusetts. Mass. Gen Laws.c.221C, Sec. 2 that governs the provision of interpreters for non-English speakers in legal proceedings covers civil proceedings: ‘[a] non-English speaker, throughout a legal proceeding, shall have a right to the assistance of a qualified interpreter who shall be appointed by the judge.” The standards and procedures of the Office of Court Interpreter Services that coordinate the appointment, certification and compensation of court interpreters have a ranking ordering in scheduling priority, which is as follows: criminal, juvenile, abuse prevention, civil commitment, housing cases and proceedings to secure child support payment. http://www.mass.gov/courts/admin/interpreters/finalstanproc.pdf. In my experience with the probate and family courts, I routinely include the costs of court appointed interprerters in the Affidavit of Indigency and request for fee waivers, and these are routely allowed. In Housing Court, usually a Motion for paid interpreters would be filed to cover the cost of interpreters, and is included in the pro se materials for clients in our housing clinic. The costs for court appointed interpreters are covered by the state in Massachusetts for indigent parties in civil cases. This, however, does not mean that interpreter is always available even when one follows all the procedure to request for one in a civil matter, and the appointment of one is within a judge’s discretion. There is one reported case where the court denied a party the right to an interpreter by finding that the person understood English and did not have the need for an interpreter in past legal proceedings. The issue of right to court interpreter in civil proceedings does not appear to be a highly litigated issue in Massachusetts.

]]> By: Mona Tawatao http://www.lsnc.net/equity/2007/09/21/language-access-to-the-courts/comment-page-1/#comment-2978 Mona Tawatao Sun, 30 Sep 2007 18:49:13 +0000 http://lsnc.net/equity/2007/09/21/language-access-to-the-courts/#comment-2978 The Nevada Supreme Court case Jack Daniel refers to is Caballero v. District Court. You can google Nevada Supreme Court, click on the "Decisions" link and then click on the case name to get to the opinion. The Nevada Supreme Court case Jack Daniel refers to is Caballero v. District Court. You can google Nevada Supreme Court, click on the “Decisions” link and then click on the case name to get to the opinion.

]]> By: Jack Daniel http://www.lsnc.net/equity/2007/09/21/language-access-to-the-courts/comment-page-1/#comment-2824 Jack Daniel Tue, 25 Sep 2007 10:03:33 +0000 http://lsnc.net/equity/2007/09/21/language-access-to-the-courts/#comment-2824 I don't know what states require interpreters in civil cases. Neveda S Ct just ruled that interpreters could be appointed. I don’t know what states require interpreters in civil cases. Neveda S Ct just ruled that interpreters could be appointed.

]]> By: Jesus R. Salas http://www.lsnc.net/equity/2007/09/21/language-access-to-the-courts/comment-page-1/#comment-2787 Jesus R. Salas Mon, 24 Sep 2007 09:02:03 +0000 http://lsnc.net/equity/2007/09/21/language-access-to-the-courts/#comment-2787 I am a member of the Supreme Court of Ohio interpreter committee. We are looking at the issues of having interpreter in civil cases. One of the sub issues as a legal services manager is free translation services for indigent civil clients. I would like to know if other states provide free interpreter services to indigent civil case individuals? Jesus I am a member of the Supreme Court of Ohio interpreter committee. We are looking at the issues of having interpreter in civil cases. One of the sub issues as a legal services manager is free translation services for indigent civil clients.

I would like to know if other states provide free interpreter services to indigent civil case individuals?

Jesus

]]> By: Jack Danil http://www.lsnc.net/equity/2007/09/21/language-access-to-the-courts/comment-page-1/#comment-2748 Jack Danil Sun, 23 Sep 2007 10:15:52 +0000 http://lsnc.net/equity/2007/09/21/language-access-to-the-courts/#comment-2748 I think the analysis of whether or not interpreters are required can be extended to represented parties, not just to pro pers. There is a diffenet anaylsis for pro pers - and for small claims courts - all explained in the Language Access Manual Tammi mentions. We have had success, without litigation, in having small claims courts provide interpreters to LEPs in Fresno County by sending along a demand letter. I think the analysis of whether or not interpreters are required can be extended to represented parties, not just to pro pers. There is a diffenet anaylsis for pro pers – and for small claims courts – all explained in the Language Access Manual Tammi mentions. We have had success, without litigation, in having small claims courts provide interpreters to LEPs in Fresno County by sending along a demand letter.

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