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Wednesday, August 12, 2009

Ind. Courts - "Court translation services spotty, but less so locally"

Sophia Voravong of the Lafayette Journal Courier reports today:

When a Hispanic girl, 7, took the stand during a criminal trial in May in Tippecanoe Superior Court 2, she was able to understand English and answer questions about her name and age.

But by her side stood a Spanish-language interpreter, who helped translate more complex questions posed by attorneys for the noticeably nervous girl.

"She can carry on conversational English ... but even for people born and raised in the United States, legal issues are difficult to understand," said Tippecanoe County Deputy Prosecutor Laura Zeman, who presented that case for the state.

"For legal matters, it's best for everyone to make sure witnesses are able to comprehend a question in full."

It's one example of how Tippecanoe County courts provide translation services for people who struggle to speak or understand English -- contrary to some state-level courts, according to a recent study by the Brennan Center for Justice, part of New York University's School of Law.

The study, "Language Access in State Courts," looked at 35 states, including Indiana, that have higher proportions of people with limited English proficiency. * * *

One aspect for which Indiana received low marks in the "Language Access in State Courts" study is that interpreter services are not automatically free of charge.

Indiana code allows each court decide how to cover costs.

Busch said judges here are bound by a January 2008 Indiana Supreme Court decision, which ruled that courts should provide translators if the defendant or litigant is indigent.

Those who can afford to hire a translator must pay on their own. The determination process is similar to whether a defendant is granted a court-appointed, public defender.

"When we do make the decision, the question is about the access in court and what needs to be provided -- whether it's a defendant or a witness," Busch said. "That is the top priority."

This ILB entry from July 7th, headed "People Forced to Appear in Court Without Interpreters, Violating Federal Law", discussed, quoted from, and linked to The Brennan Center for Justice at NYU School of Law's 80-page report, Language Access in State Courts. One of the quotes was:
The Department of Justice has also renewed its commitment to enforce interpreter requirements in the state courts. Just this past February, DOJ warned the Indiana Supreme Court that court systems receiving federal funds violate Title VI of the Civil Rights Act of the United States if they charge money for interpreters.
See the July 7th entry fro more.

Posted by Marcia Oddi on August 12, 2009 08:25 AM
Posted to Indiana Courts