Many activists in the legal aid community have joined together in a Campaign for
Litigants Equal Participation (Campaign). The campaign is seeking prompt implementation of
recommendations made by the Pennsylvania Supreme Court Committee on Racial and Gender Bias
in the Judicial System and is advocating for litigants equal access to
Pennsylvanias judicial system and proceedings before state administrative agencies
without regard to litigants English language proficiency or disabilities. Click
here for more information.
The campaign was organized by the Pennsylvania
Immigration and Citizenship Coalition (including Community Legal Services, Inc. and
Friends of Farmworkers, Inc.), and includes the Asian American Bar Association of the
Delaware Valley, American Civil Liberties Union of Pennsylvania, Asian Americans United,
Disabilities Law Project, Hispanic Bar Association of Pennsylvania, Legal Clinic for the
Disabled, Inc., National Lawyers Guild Philadelphia Chapter, Philadelphia
Folklore Project, the Public Interest Law Center of Philadelphia and the Womens
Law Project.
In March 2003 the Pennsylvania Supreme Court Committee of Racial and Gender Bias in the
Judicial System issued an extensive report and recommendations. Chapter one of the
fourteen chapters dealt with Litigants with Limited English Proficiency.
The Pennsylvania Supreme Court Committee on Racial and Gender Bias in the Judicial
System made its findings and recommendations after exhaustive study as to changes needed
to make the state judicial system accessible to persons with limited English proficiency.
The committee recommended that the Pennsylvania Supreme Court should:
- Establish
for all courts of the Commonwealth of Pennsylvania a policy that all persons, including
parties to judicial proceedings, witnesses appearing therein, victims in criminal
proceedings, and members of the public seeking information from offices of the courts,
shall have equal access to justice in the judicial system of Pennsylvania without regard
to their English language proficiency.
- Require
that all courts provide qualified interpreters to litigants at no charge, in order that
LEP parties and witnesses may fully and fairly participate in court proceedings and obtain
reasonable access to the court system.
- Require
that the courts translate forms and other documents to the extent necessary to provide
access to the court system to those unable to read English.
- Require
that all court interpreters obtain certification pursuant to a recognized statewide
certification program, maintain their proficiency through continuing education, and adhere
to standards of professional conduct.
- Require
the adoption of a code of professional responsibility for judicial interpreters together
with mechanisms to assure that all interpreters are familiar with the code and are subject
to discipline for any violation.
- Establish
within the Administrative Office of the Pennsylvania Courts (AOPC) a Language
Services Office, similar to those established by other states, staffed by professional
administrative personnel experienced with issues related to court interpretation and
translation, and funded sufficiently to carry out its mission.
Click here for more information.
Language access has been an important issue in Pennsylvania for a number of years. The
Pennsylvania Bar Association adopted a resolution in May 1994 on the need for a system of
certification for interpreters in state courts. It provides as follows:
Pennsylvania
Bar Association
Resolution on Pennsylvania Court Interpreters
Adopted
by House of Delegates, May 1994
Whereas, Pennsylvania has no system to
regulate the quality of interpreters used in its courts; and
Whereas, the quality of interpretation is
vital to the rights of limited English proficiency litigants in Pennsylvania courts; and
Whereas, the predominantly monolingual trial
judges and attorneys in Pennsylvania are ill-equipped to monitor the quality of court
interpretation; and
Whereas, the use of interpreters has grown
dramatically in the last 10 years with the greater diversity in Pennsylvania's population;
and
Whereas, the vendors who supply interpreters
to the courts do not test for linguistic competency; and
Whereas the Court Interpreters Act of 1978
only certifies federal court interpreters in three languages, Spanish, Haitian Creole and
Navajo:
Therefore,
Be it Resolved that the Pennsylvania Bar Association supports the institution of an
independent court-based program to test and certify the linguistic competency of
interpreters used in Pennsylvania courts.
Therefore,
Be it Resolved that the Pennsylvania Bar Association authorizes its president to take all
necessary steps to institute an interpreter certification program in the Pennsylvania
courts.
Therefore, Be it Resolved that the Pennsylvania Bar Association authorizes its president
to take all necessary steps to expand the list of languages for which certification will
be available under the Court Interpreters Act of 1978.
Therefore, Be it Resolved that the Pennsylvania Bar Association authorizes its president
to take all necessary steps to urge rule changes in the courts of Pennsylvania to compel
the use of audio recording equipment whenever an interpreters services are used in
order to ensure litigants and the courts an opportunity to verify the accuracy of
interpretation.
Click here for information concerning Senate Bill 669 which is
pending on the issue of language certification.
The Philadelphia Bar Association Board of Governors unanimously
approved a Resolution Concerning Equal Access to Courts and Administrative Agencies
By Limited English Proficient Persons and Persons with Disabilities that
initially was promoted by the campaign and revised through discussions with the local
legal community. The resolution received a written commitment from the president judge of
the First Judicial District to work with the Philadelphia Bar Association on local
response to the recommendations of the Pennsylvania Supreme Court Committee on Racial and
Gender Bias on persons with limited English proficiency. Click here for more
information.
Click here for the prior Pennsylvania Bar Association
resolution from 1994.
Click here for the prior Philadelphia Bar Association Resolution on the same
subject.
The Friends of Farmworkers Web site now contains a voluminous amount of information that
may be very useful to anyone interested in the rights of persons with limited English
proficiency or disabilities to equal participation in matters before courts and
administrative agencies. The principal gateway web links for these materials can be found
at:
LEP Links
Limited English Proficiency Issues
Pa. Supreme Court Racial and Gender Bias
Friends of Farmworkers also has analyzed the data from the 2000 Census by county as to
persons with limited English proficiency. Click here for that information.
See in particular, Ranked Summary by
Counties in Pennsylvania with largest numbers of Limited English Proficient Persons
as reflected in Census 2000 data.
The Pennsylvania Supreme Court Committee on Racial and Gender Bias report directed its
recommendations at the Supreme Court rather than the legislature. However, a bill on
interpreter certification was introduced into the Pennsylvania State Senate in late April
2003 and hearings may be held on it over the next few months. Visit the following Web
sites for more information:
Senate Bill 669, Session 2003
Proposed to Amend Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania
Consolidated Statutes, providing for court interpreters at http://friendsfw.org/LEP/Legis/SB669.htm. The
legislation does not address the recommendations for provision of interpreters at no cost
to litigants in civil proceedings. The legal analysis supporting that initiative was
primarily based upon interpretation of requirements of Title VI of the Civil Rights Act of
1964. See: http://friendsfw.org/Links/LEP_Links.htm#LEP
and http://friendsfw.org/LEP/Legal/Legal_Analysis_Report_LEP.htm
It is clear that support from within the legislature, particularly as to funding, could be
key to effectively advancing this Campaign. For more information, or to get involved,
contact:
Arthur N. Read
General Counsel
Friends of Farmworkers, Inc.
924 Cherry Street, 4th Floor
Philadelphia, PA 19107-2411
Telephone: 215-733-0878, Ext. 150
Fax: 215-733-0876
Email: aread@friendsfw
Web: http://www.Friendsfw.org/
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