Court Interpretation

Resource Guide

The state court community has long been cognizant of the need for the effective use of court interpreters to improve access to justice for Limited English Proficient (LEP) individuals. Demographic trends make it clear that the American judicial system faces mounting difficulties in meeting the challenge of ethnic and linguistic diversity. In an effort to move towards greater awareness of these challenges, combined with the determination to implement programs to improve interpreting services, a growing number of state court systems have instituted certification and continuing education programs and have prescribed codes of professional responsibility for court interpreters. The Consortium for Language Access in the Courts, established in 1995 and administered by The National Center for State Courts, was created for states to share expertise and the expense associated with developing and administering testing and certification programs for interpreters.

Links to related online resources are listed below. Non-digitized publications may be borrowed from the NCSC Library; call numbers are provided.


Featured Links

Federal Court Interpretation Program Spanish-English Federal Court Interpreter Certification Examination homepage
Consortium for Language Access in the Courts The mission of the Consortium is to inspire and enable its members to promote equal access to justice in courts and tribunals by eliminating language barriers for persons with limited English proficiency.
Court Interpreters and Bilingual Positions Position Descriptions for court interpreters, etc. from the NCSC Court Job Description Database.  
``Leveraging Technology to Meet the Need for Interpreters`` Article from the Future Trends in State Courts 2009 report by Carola E. Green and Wanda Romberger.
Issue: Access to Justice Government Relations describes the impact, position, and summary on the issue of Access to Justice in Congress.
Remote Centralized Interpreting Presentation from the Twenty-fifth Anniversary of the National Court Technology Conference regarding centralized interpreting services in the Ninth Judicial Circuit of Florida.
Court Technology Conference Presentations

Presentation from the Sixth National Court Technology Conference regarding the use of telephone interpretation.

NACM Justice Achievement Awards

A compilation of the National Association for Court Management's Justice Achievement Awards from 2000-2011.

General

ABA Standards for Lanaguage Access in Courts. (February 2012). American Bar Association.

These standards intended to assist courts in designing, implementing, and enforcing a comprehensive system of language access services that is suited to the needs of the communities they serve.

Guide to Translation of Legal Materials. (April 2011). Professional Issues Committee, Consortium for Language Access in the Courts and the National Center for State Courts.

This translation guide was compiled and edited by the Consortium for Language Access in the Courts’ Professional Issues Committee, a committee of volunteers dedicated to advancing the work of the state courts’ language access programs. It is meant to compile some lessons learned by program managers over the years and serve as a guide to help other program managers move forward with translation projects within their own court system.

Zahorsky, Rachel M. Webcams the Solution for Court Interpreter Shortages?. (January 2009). ABA Journal Law News Now This article suggests that using video conferencing or telephone interpreting may be the answer to the shortage of qualified court interpreters in state courts.  One solution is to link certified interpreters through the Consortium for State Court Interpreter Certification.
S. 1329. (June 2009). Senator Herb Kohl (D-WI) introduced court interpreter legislation in the Senate on 6/23/09 which would create a $15 million/year program for 5 years for a court interpreter assistance grant program for state courts.
White Paper on Court Interpretation: Fundamental to Access to Justice. (November 2007). Conference of State Court Administrators This white paper provides a review of the current state of court interpretation nationally and makes recommendations for future improvements.
Uekert, Brenda et al. Court Interpretation in Protection Order Hearings: Judicial Benchcard. (June 2006).

This Judicial Bench Card gives guidance on providing qualified interpreters to assist the parties in protection order proceedings so that petitioners with limited English proficiency are on equal footing before the bench.

Martin, Lorena. Security for Court Interpreters. (2006). 310 pages. NCSC, United States Marshals Service, and National Association of Judiciary Interpreters and Translators.

This manual, designed especially for court interpreters, covers basic security; the cycle and dynamics of aggression; in-court and out-of-court proceedings; defendant and inmate issues; weapons; travel to and from the workplace, as well as domestic and international travel; dealing with emergencies; personal safety.

Hewitt, William, Paula Hannaford, Catherine Gill, and Melissa Cantrell. Court Interpreting Services in State and Federal Courts: Reasons and Options for Inter-court Coordination.. (October 1998).

Explains court interpreting services in state and federal courts by examining the Consortium, whose purpose is to find qualified interpreters through rigorous testing.

Hewitt, William and John Richardson. Managing Language Problems: A Court Interpreting Education Program for Judges, Lawyers, and Court Managers.. (1997). 139 pages. Model Guide 3

Due to the influx of immigrants and refugees in the U.S., courts must eliminate linguistic barriers to ensure fair access to justice. This educational program for judges, attorneys and court managers teaches several aspects of court interpretation (such as the role of the interpreter, findings of court Task Forces, etc.) to ensure efficiency, understanding and cooperation.

Hewitt, William et al. Special Issue. (1996). State Court Journal; Volume 20. Number 1 Special Issue of the State Court Journal that explores the challenges that linguistic diversity poses to maintaining a unified standard of justice in American courts.
Hewitt, William, Shedina Lockley, Pamela Casey, and John Richardson. Court Interpretation: Model and Guides for Policy and Practice in the State Courts. (June 1995). 239 pages.

Improving access to justice for linguistic minorities is but one of many challenges facing courts as the century draws to a close, and the financial capacity of most state courts is inadequate to address them all effectively. This resource book examines language interpretation problems and responses at several levels -- courtroom, local, state, and national.

American Translators Association. ATA is a professional association founded to advance the translation and interpreting professions and foster the professional development of individual translators and interpreters.
National Association of Judiciary Interpreters and Translators. A non-profit organization dedicated to the furtherance of the judiciary interpreting and legal translation profession.
Widener Law School Court Interpreter Program. Paraprofessional programs leading to degrees and certifications.

State Related Resources

W.Va. courts to showcase remote language interpreter system for judges from 8 states, DC. (March 2012). The Washington Post Court officials from eight states and the District of Columbia will observe two mock trials in West Virginia that will provide a demonstration of the state’s multi-cast videoconferencing unit.  The state provides free interpreters in all criminal and civil settings, including hearings, trials and dealings with court personnel.
Strategic Plan for Implementing Enhanced Language Access in the Colorado State Courts. (March 2012). Colorado Judicial Department This document sets forth the plan for the appointment, utilization and payment of language access services provided and arranged for by the Colorado state courts, and by governing access to court proceedings and court operations by persons with limited English proficiency.
Supreme Court Adopts Court Interpreters Amendments. (December 2009). Supreme Court of Ohio The Supreme Court of Ohio will begin the certification of court interpreters in 2010. The certification includes a written examination developed by the Consortium for Language Access in the Courts, an arm of the National Center for State Courts.
Abel, Laura Language Access in State Courts. (July 2009). Brennan Center for Justice This report examines the extent to which the 35 states with the largest limited English proficiency populations comply with the guidelines regarding providing interpreters in all civil cases free of charge and ensuring that interpreters are competent.
Technology links Madison court interpreter to courts in Door, Trempealea. (Spring 2009). The Third Branch The Wisconsin court system performed a test linking a court interpreter in Madison to courtrooms in Door and Trempealeau counties.
A Guide for Iowa Court Interpreters. (August 2008). Iowa Judicial Branch This online interpreter guide provides an overview of the program, including court rules that apply, requirements for interpreters, appointment of interpreters, certification requirements, and compensation.
Romero, Bruno G. Interpreters in the Judicial System: A Handbook for Ohio Judges. (2008). The Supreme Court of Ohio This handbook is designed to help judicial officials understand the role of judiciary interpreters, assess their qualifications and select and work with them.  (KFO526 .T72 I58 2008)
Schauffler, Richard, Carola Greene, Wanda Romberger, and William Hewitt. The Provision of Court Interpreter Services in Civil Cases in California: An Exploratory Study. (January 2008). Research Services.

This report highlights best practices in the delivery of court interpreter services.

Working with Foreign Language Interpreters in the Courtroom. (February 2007). Ohio Supreme Court A Bench Card for Judges from the Ohio Court Interpreters Program containing policies and procedures for dealing with persons of limited English proficiency in the courtroom.
Romero, Bruno G. The Supreme Court of Ohio Report on the Use of Interpreters in Ohio Courts. (2006). Supreme Court of Ohio An action plan set forth by the Ohio Racial Fairness Implementation Task Force to better fulfill the needs of the non-English-speaking and the deaf/hard-of-hearing populations in Ohio courts.
Best Practices Manual on Interpreters in the Minnesota State Court System. (2003). Minnesota Supreme Court Interpreter Advisory Committee This manual is a first of its kind and serves a reference manual for their court interpreter program. 
Steelman, David and William Hewitt. Operational Review of the Provision of Court Interpreter Services in the Courts of Massachusetts. (February 2001). Court Services Divison.

A technical assistance report of an operational review of the Administrative Office of the Trial Court of Massachusetts.  NCSC staff provides 26 recommendations to improve operations.

Improving Interpretation In Wisconsin`s Courts. (2000). Madison: Committee to Improve Interpreting and Translation in the Wisconsin Courts A report on court-related interpreting and translation with recommendations on statute and rule changes, budget items, interpreter-training programs and certification tests, and judicial and professional education programs
Centralized Remote Interpreting. Ninth Judicial Circuit Court of Florida In an effort to keep up with the rising demand for interpreters, the Ninth Circuit has created the remote centralized interpreting system.
Court Interpreter Program Unit. California Courts Provides a host of information about court interpreting. See especially their Common Questions About the Court Interpreting Profession .

Interpreters for the Deaf

Mathers, Carla Deaf Interpreters in Court . (March 2009). The National Consortium of Interpreter Education Centers

This report examines the issue of providing a deaf-hearing interpreting team as a reasonable accommodation in specific situations where a hearing interpreter alone is not sufficient.

Communication Access in State and Local Courts. (2008). National Association of the Deaf Information is provided for advocates to use in educating courtroom personnel on provision of appropriate court access to deaf individuals.
Working with Interpreters for the Deaf or Hard of Hearing in the Courtroom . (May 2007). Supreme Court of Ohio A Bench Card for Judges from the Ohio Court Interpreters Program containing rules and procedures for meeting the special needs of deaf or hard of hearing in a court environment.
Professional Sign Language Interpreting. (2007). Registry of Interpreters for the Deaf, Inc. This Standard of Practice Paper provides a framework of basic standards for the professional practice of sign language interpreting.

Limited English Proficiency LEP

Promising Practices for Language Access in Federal Administrative Hearings and Proceedings. (2012). This report discusses the challenges and solutions for providing language assistance services to limited English proficient individuals in administrative hearings and proceedings that came out of a September 22, 2011 Workshop.
Language Access Assessment and Planning Tool for Federally Conducted and Federally Assisted Programs. (May 2011). U.S. Department of Justice, Civil Rights Division.

This publication offers an overview of the essential factors needed to properly implement meaningful court access to LEP individuals. It includes a self-assessment for all federal agencies regarding their LEP plans, as well as develops language access directives, plans, and procedures.

U.S. Department of Justice Letter to the state chief justices and state court administrators . (2010).

This letter dated August 16, 2010 clarifies application of Title VI and the Safe Streets Act regulations to language access in the courts. “DOJ has an abiding interest in securing state and local court system compliance with the language access requirements of Title VI and the Safe Streets Act and will continue to review courts for compliance and to investigate complaints.”

Uekert, Brenda. Tracy Peters, Wanda Romberger, Margaret Abraham, and Susan Keilitz. Serving Limited English Proficient (LEP) Battered Women. (June 2006). 209 pages.

This study explored the capacity of Limited English Proficient (LEP) petitioners to receive orders of protection.   The primary language resource that should be provided by the courts is interpretation, preferably carried out by certified interpreters.

Supporting Limited English Communities. (July 2005). This 22-page report summarizes results from a survey that determined the extent to which people with limited English proficiency (LEP) are being served in Weed and Seed communities. The report also provides tips on how to develop LEP programs.
Executive Order 13166: Limited English Proficiency Resource Document: Tips and Tools from the Field. (September 2004). U.S. Department of Justice, Civil Rights Division
Letter to the State Court Administrators on LEP Policies and Procedures. (December 2003). The Civil Rights Division of the U.S. Department of Justice sent this letter to court administrators across the country to discuss the impact of Executive Order 13166 concerning people with limited English proficiency.
Alexander v. Sandoval. (2001). 532 U.S. 575 The U.S. Supreme Court has ruled that private individuals cannot sue a grantee to challenge the lack of LEP services provided under Title VI.  Accordingly, the only remedy for an individual who is denied access to programs by lack of LEP services is to file a complaint with the Civil Rights Section of the Department of Justice or the Department of Health and Human Services.
Executive Order 13166: Improving Access to Services for Persons with Limited English Proficiency.. Civil Rights Division. U.S. Department of Justice, Coordination and Review Section Listed here are Title VI-related guidance, links, and resources on Executive Order 13166, which require federal agencies to improve access to services by individuals with Limited English Proficiency (LEP).
National LEP Advocacy Task Force. The National LEP Advocacy Task Force advocates for the rights of individuals in the U.S. described by the federal government as (LEP).
Reducing Language Barriers to Combating Domestic Violence: The Requirements of Title IV. Battered Women`s Justice Project This document provides support and planning for supporting victims of domestic violence with limited English proficiency by determining the program’s obligation to provide LEP services, implementing a language-assistance plan, and identifying the types of language-assistance services available.  It also explains the specific requirements for state agencies, including law enforcement, prosecutors, courts, corrections, and shelter programs.
The Legal Services Corporaton. has compiled a list of documents and reports relating to serving clients with limited English proficiency.  Links are provided to a number of articles, projects, and Web sites, including LEP.gov .
The Summit/Lorain Project: Resource Document for Law Enforcement: Interpretation and Translation Services. Summit County Sheriff Department and the City of Lorain (Ohio) Law Enforcement.  Report focuses on policies and procedures for law-enforcement officers to serve and protect limited English proficient persons. 

Testing Programs

California`s Court Interpreter Certification Program. (2008). California Judicial Branch
Federal Court Interpreter Program. Administrative Office of the United States Courts