In Support of Efforts to Ensure Adequate Court Interpretation Services
Resolution 7 In Support of Efforts to Ensure Adequate Court Interpretation Services
In every state and territory throughout our nation, individuals rely on state and territorial court systems to protect their rights and resolve legal disputes in accordance with the foundational constitutional principles of the United States.
The Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) recognize that when language barriers hinder essential communication and understanding in court, the fundamental strengths and values of the justice system are often undermined.
To ensure equal justice and fulfill their mission of accessibility, courts must develop effective systems to provide competent interpretation services to individuals with limited or no English proficiency. The growing population of limited- and non-English speakers in the U.S. poses significant challenges to state and territorial court systems, particularly regarding their capacity to deliver interpretation services in hundreds of languages across all regions.
To address these issues, COSCA developed a White Paper titled Court Interpretation: Fundamental to Access to Justice, which identifies key issues, policies, and practices necessary for building effective court interpretation programs.
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices:
- Endorses the Court Interpretation: Fundamental to Access to Justice White Paper;
- Commits to implementing the recommendations proposed in the White Paper;
- Requests that the President of the Conference, in collaboration with the President of COSCA, assign the White Paper to the appropriate committees for advancement.
BE IT FURTHER RESOLVED that the Conference:
- Encourages state court leaders to adopt 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 as a matter of fundamental fairness.
- Encourages members and court leaders to consider joining the Consortium for State Court Interpreter Certification and to strengthen interpreter services by:
- Distinguishing qualified from non-qualified interpreters,
- Requiring qualified interpreters in as many court proceedings as possible,
- Establishing ethical guidelines for interpreters.
- Commits to working with the Consortium and the National Center for State Courts to develop strategies to ensure the Consortium's sustainability.
- Supports further research into areas not fully addressed in the White Paper, such as American Sign Language, document translation, and interpreter services in non-court justice system settings.
- Encourages Congress to enact legislation — such as the State Court Interpreter Grant Program Act (S. 702) — to provide direct funding to state and territorial courts to support interpreter initiatives.
Adopted as proposed by the CCJ/COSCA Access to and Fairness in the Courts Committee at the 31st Midyear Meeting on January 30, 2008.