A4188

An Act concerning certain court documents being made available in languages in addition to English and supplementing Title 2B of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. The Administrative Office of the Courts shall develop policies which require that indictment pleadings, plea agreements, motions, and other pertinent court documents that are presented pretrial or in court during a criminal proceeding be translated into the primary language of the criminal defendant, a witness, or a person with legal decision-making authority for a defendant including, but not limited to, a legal guardian. The courts shall facilitate access by providing written materials in translated form for those with limited English proficiency. Interpreters, as provided under N.J.S.2B:8-1, may assist in the written translation of the documents when practicable. The Administrative Office of the Courts shall determine and identify which documents are to be translated for purposes of promoting language access services that are suited to the needs of the communities of New Jersey.

b. The Administrative Office of the Courts shall develop policies which implement translation services for languages including, but not limited to, the following:

(1) Spanish;

(2) Chinese;

(3) Portuguese;

(4) Italian;

(5) Korean;

(6) Hindi;

(7) Arabic;

(8) Haitian Creole; and

(9) French.

2. The Administrative Office of the Courts shall develop policies that ensure courthouses post and maintain signs in heavily trafficked areas including, but not limited to, waiting rooms, reception areas, and points of entry, informing the public of the right to have court documents in their primary language as required in section 1 of this act.

The signs shall be conspicuous and include brief information including, but not limited to, availability of language assistance services such as translation and interpretation. The signs shall invite persons with limited English proficiency to identify themselves as persons requiring language access services.

The signs shall be presented in English, Spanish, and any other language the Administrative Office of the Courts deems necessary to effectuate this act.

3. This act shall take effect immediately.

STATEMENT

This bill requires the Administrative Office of the Courts (AOC) to develop and implement policies that will provide translations of pertinent court documents in the primary language of defendants, witnesses, or persons with decision-making authority. The policies established are intended to help those with limited English proficiency (LEP) knowingly and intelligently participate in the proceeding before the court. The bill requires the AOC to develop policies for the translation of nine languages that are widely spoken in New Jersey. These include Spanish, Chinese, Portuguese, Italian, Korean, Hindi, Arabic, Haitian Creole, and French. Further, the bill requires the AOC to develop policies that require courthouses to post signs notifying LEP individuals of language services, including translation and interpretation.

It is the intent of the sponsor to provide assistance to certain litigants when English is not their primary language to ensure the judicial system upholds litigants’ civil rights. Finding ways to effectively bridge language barriers is necessary to preserve the integrity of the legal system. There is agreement among federal and state courts that in criminal proceedings, LEP defendants are entitled to the assistance of an interpreter under the U.S. Constitution.

Access to courts and administrative proceedings is critically important. Whether cases involve child custody, domestic violence, eviction, foreclosure, wage claims or criminal prosecution, the stakes are too high for individuals to be effectively excluded from courtroom participation because of their English proficiency. LEP individuals should not lose custody of their children because of their English ability, nor should LEP victims of domestic abuse have to rely on family, friends, or abusers to interpret in the courtroom, and lastly, LEP defendants should not be interpreted by prosecutors.

Regardless of English proficiency, individuals need to understand and have access to judicial proceedings and court operations. Citizens of this country are all considered equal under the law and ensuring equal treatment and access in the judicial system are priorities of the Justice Department’s Civil Rights Division. There are over 25 million people in the United States who are considered limited English proficient individuals, a population that has almost doubled since 1990. Our justice system is a cornerstone of our democracy and our constitutional right to due process.

Meaningful language access is not just necessary to ensure the proper functioning of our judicial system; it is required by law. Under Title VI of the Civil Rights Act of 1964, entities that receive federal financial assistance cannot discriminate on the basis of national origin, and failing to provide language access in courts violates Title VI.

Posting and maintaining signs as required by this bill in areas such as waiting rooms, reception areas, and other initial points of entry will inform applicants and beneficiaries of their right to free language assistance services. The signage is required to invite LEP individuals to identify themselves as persons needing such services. It is critically important during court proceedings that plaintiffs and defendants receive court documents in the language they speak.