Title VI of the Civil Rights Act: Enhancing Language Access in U.S. Courts

Title VI of the Civil Rights Act of 1964 has been a critical tool in promoting equality and preventing discrimination in various sectors, including language access in US courts. Ensuring that individuals with limited English proficiency (LEP) have equitable access to the legal system is essential for upholding their rights and ensuring fair treatment under the law. Here, we explore what Title VI means for language access in U.S. courts and provide examples of how courts can improve services for the LEP population.

Understanding Title VI and Language Access

Title VI prohibits discrimination on the basis of race, color, or national origin in any program or activity that receives federal financial assistance. This includes state courts, which must provide language access services to individuals who may face language barriers when seeking legal assistance or participating in court proceedings. Failure to provide adequate language access can result in violations of Title VI and compromise the rights of LEP individuals.

Ensuring Language Access in the Courts

The Department of Justice recently directed the New Jersey Judiciary to improve language access in their court system, citing violations of Title VI. The Monmouth County court faced allegations of discrimination against limited English proficiency users and agreed to pay damages in response to the DoJ’s investigation.

The New Jersey Judiciary will now translate essential court forms into the five most spoken non-English languages in the court. Additional measures include relocating resources for self-help, displaying multilingual information on LCD screens, and providing training on language access for judiciary staff.

In a press release issued by the U.S. Attorney’s Office, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said, “The Civil Rights Division will continue fighting to ensure that courts remove language barriers for the public.”

This case serves as a reminder of the ongoing commitment to ensuring language access and compliance with Title VI in U.S. courts.

Strategies for Improving Language Access in US Courts

At Interprenet, we have provided U.S. courts with certified court interpreters onsite and remotely since 2004. We also offer translation services and language technology training to court staff, including judges.

Here are our five top strategies for improving language access in your court.

1. Language Access Plans: Courts can develop comprehensive language access plans that outline strategies for providing interpretation and translation services to LEP individuals. These plans should address the languages spoken in the court's jurisdiction and establish protocols for ensuring timely and accurate language assistance.
   
   Working with a language service provider such as Interprenet makes life easy for the courts as they can outsource the scheduling of interpreters and project management to us.
   
   
2. Qualified Interpreters: Courts should prioritize the use of qualified interpreters who are proficient in both the English language and the language spoken by the LEP individual. Providing access to trained interpreters helps ensure effective communication and prevents misunderstandings that could impact the outcome of legal proceedings.
   
   Our professional, experienced interpreters undergo a rigorous 5-stage recruitment process before they join the Interprenet network. They must hold nationally recognized accreditations, such as state and federal court certifications or a NAJIT certification.
   
   
3. Translated Materials: Courts can translate essential documents, forms, and informational materials into multiple languages spoken by the LEP population in their jurisdiction. This includes court forms, notices, and instructions, which should be available online and at the courthouse.
   
   At Interprenet, we offer intelligent document translation for your court. With qualified translators in the legal space, we have a track record of promptly fulfilling accurate document translation, including quality assurance and editing.
   
   
4. Remote Interpretation Services: Utilizing technology to provide remote interpretation services can improve access to interpretation services for LEP individuals, especially in cases where in-person interpreters are not readily available. Video and telephone interpretation services can help bridge language gaps and facilitate communication.
   
   Courts can benefit from our suite of language solutions, including simultaneous interpretation (remote and onsite), consecutive interpretation (remote and onsite), and on-demand interpretation.
   
   
5. Staff Training: Training court staff on language access policies, cultural competence, and the rights of LEP individuals is essential for ensuring that all court users are treated respectfully and provided with the necessary language assistance. Staff should be knowledgeable about available language resources and be prepared to assist LEP individuals effectively.

Realizing Equal Access to Justice

Title VI of the Civil Rights Act of 1964 plays a vital role in guaranteeing language access for LEP individuals in U.S. courts. By implementing comprehensive language access strategies, courts can ensure that all individuals, regardless of their language proficiency, have equal access to justice. Promoting language access not only upholds civil rights but also strengthens the integrity of the legal system by fostering trust and inclusivity among diverse communities.

Reach out to our sales consultants to learn how we can help you ensure language access in your court.

The DoJ’s Civil Rights Division published a fact sheet to help courts ensure meaningful language access for all. You can find the fact sheet here. You can find further information about language access in courts at lep.gov/state-courts.