Legal Requirements
If there isn’t Language Access than it prevents someone from having a fair trial which violates an individual’s 4th, 6th and 14th amendment.Court systems exist to deliver justice. If a state court policy or action unjustly limits or burdens the ability of certain groups to be heard, it can erode the court’s legitimacy. Those who work in and through the state court system—including judges, lawyers, clerks, interpreters, and court staff—have a shared mission to maintain and uphold the legitimacy of the judicial system and to prevent miscarriages of justice. This mission includes ensuring the provision of quality language services when necessary to allow people whose English language ability is limited to participate in court proceedings and services. Simply put, interpretation and translation are essential to providing meaningful access to the courts and to maintaining the integrity of our justice system. Court cases are often highly structured, stressful experiences requiring specialized terminology. ((Davis, J. L. W., & Isaacson, S. A. (2017). Ensuring Equal Access to Justice for Limited English Proficiency Individuals. Judges’ Journal, 56(3), 21–26)
Consequences of Inadequate Language Access in the Justice System
Inadequate interpretation of the participation of anyone who is an LEP persons may result in miscarriages of justice and may put the community at risk. For example, in a 2013 case, an LEP victim-witness requested an interpreter, but the judge did not provide an interpreter and asked counsel to merely rephrase the questions. Eventually, the judge dismissed the charge due to insufficient testimony. Six months later, the defendant was arrested for the brutal sexual assault of a 15-year-old girl. Without careful attention to providing effective language services, many people will face a judicial process that places unfair and unconstitutional burdens on their ability to fully participate in proceedings. At the same time, relying on un-interpreted or poorly interpreted testimony from witnesses who are not proficient in English, or from improperly translated documents, will hinder the court’s ability to determine the facts and dispense justice. (Davis, J. L. W., & Isaacson, S. A. (2017). Ensuring Equal Access to Justice for Limited English Proficiency Individuals. Judges’ Journal, 56(3), 21–26)
Strategies for Improving Language Access in the Justice System