Court Interpretation: Fundamental to Access to Justice
Resolution 1 Court Interpretation: Fundamental to Access to Justice
In every state across the nation, individuals look to state court systems to protect their rights and resolve legal disputes in accordance with the constitutional principles on which the United States was founded.
The Conference of State Court Administrators recognizes that when language barriers interfere with the justice process and hinder essential communication and understanding, some of the most fundamental strengths and values of our justice system are compromised.
To ensure equal justice and fulfill the mission of providing accessible justice for all, courts must develop effective systems for delivering competent interpretation services to individuals with limited or no English proficiency. The growing population of limited- and non-English-speaking individuals in the U.S. poses challenges, particularly in providing interpretation services across hundreds of languages nationwide.
A White Paper, titled Court Interpretation: Fundamental to Access to Justice, was developed to identify key issues, policies, and practices that state court leaders and policymakers must address to ensure the establishment of effective court interpretation programs in their jurisdictions.
NOW, THEREFORE, BE IT RESOLVED that the Conference of State Court Administrators:
- Adopts the Court Interpretation: Fundamental to Access to Justice White Paper;
- Commits to taking the necessary steps to implement the recommendations proposed in the White Paper; and
- Requests that the President of the Conference assign the White Paper to appropriate committees to support its implementation.
BE IT FURTHER RESOLVED that the Conference:
- Encourages court leaders to embrace the aspirational goal that all litigants and witnesses who do not sufficiently understand English should have access to qualified interpreter services in all court proceedings.
- Urges members and state court leaders to consider participating in the Consortium for State Court Interpreter Certification and to pursue efforts to improve interpreter services. These efforts may include adopting standards to distinguish qualified from non-qualified interpreters, mandating the use of qualified interpreters whenever possible, and establishing ethical guidelines for interpreters.
- Commits to working with the Consortium and the National Center for State Courts to ensure the Consortium's long-term sustainability.
- Supports further study of related topics not thoroughly covered in the White Paper, including American Sign Language, document translation, and interpreter services in non-court justice settings in collaboration with other justice system partners.
- Encourages Congress to enact legislation — such as the State Court Interpreter Grant Program Act (S. 702) — to provide direct funding to state courts in support of interpreter initiatives.
Adopted at the COSCA Midyear Meeting on November 30, 2007
Proposed by: Policy and Liaison Committee
Expiration Date: December 31, 2010