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In Support of Passage of Standards for Language Access in the Courts per ABA Resolution 113

Resolution In Support of Passage of Standards for Language Access in the Courts per ABA Resolution 113

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Language access services have long been a priority issue for the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA), as reflected through their sustained efforts to eliminate language barriers in the courts. These efforts include establishing the Consortium for Language Access in the Courts, proposing federal legislation to assist state courts in enhancing interpreter services, supporting the National Center for State Courts' development of educational programs for judges and court administrators, and encouraging the creation of commissions to improve access to justice.

The American Bar Association (ABA) created the Language Access Project to develop court standards for language access, publishing proposed standards that are scheduled for review by the ABA House of Delegates. Initially, the Conferences expressed major concerns with the proposed standards, as outlined in CCJ/COSCA Resolution 11-A-1.

In response, the ABA formed a work group to collaborate with the Conferences, recognizing the shared goal of improving language access in the courts for individuals with limited English proficiency (LEP). Over the course of several months, representatives from the ABA, the National Center for State Courts, and the Conferences engaged in cooperative dialogue to revise the standards. The resulting document reflects a mutually acceptable format and language and addresses the Conferences' previous concerns.

The revised standards are aspirational in nature and are intended to guide courts in the implementation of effective language access services. As a result of these collaborative efforts, the Conferences' principal concerns have been resolved in the updated standards.

NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators support the passage of the revised Standards for Language Access in the Courts by the ABA House of Delegates at the 2012 ABA Midyear Meeting.

BE IT FURTHER RESOLVED that the Conferences express their appreciation to the ABA, the ABA Standing Committee on Legal Aid and Indigent Defendants, and the ABA Language Access Project Steering Committee for their willingness to engage in meaningful collaboration on this vital issue.

BE IT FURTHER RESOLVED that the Conferences, as part of their ongoing commitment to ensure equal access to justice for LEP individuals, will convene a national summit in October 2012 in Houston, Texas. This summit will bring together chief justice-led state teams — including representatives from all three branches of government and state bars — to develop state-specific strategies to improve access to justice for limited English proficient individuals.

Approved by the CCJ and COSCA Boards of Directors on December 8, 2011.