Action Step 8: Ensuring Compliance with Legal Requirements

Amend procedural rules to ensure compliance with legal requirements.

Action Step 8 recommends amending procedural rules to ensure jurisdictions are in compliance with legal requirements.  At the Summit, state representatives expressed a commitment to review and amend court policies, documentation, and procedures focusing on legal obligations related to language access.    

Currently, most jurisdictions report that they have taken proactive measures to ensure they are compliant with legal requirements.  Thirty-four out of 48 jurisdictions answered that they have adopted or modified procedural rules or protocols.  A number of states have amended statewide legal requirements, LAP requirements, and court rules to reflect Title VI language.   

These proactive actions to comply with legal requirements demonstrates a clear commitment that jurisdictions have made progress toward improving or have improved their services to LEP populations.  Respondents provided additional detail regarding the rules and requirements they have amended in their efforts to provide access to justice.  Many jurisdictions noted that they had amended all of the choices offered in the question as well as additional rules or protocols.

• We have modified Tennessee Supreme Court Rule 42 to reflect Title VI language.
• All of the above and Model Administrative Protocol.
• Statewide legal requirements; the Alaska Supreme Court signed a revision of Administrative Rule 6 which states the court system will provide and pay for interpreting services in the courtroom for all case types.
• Statewide legal requirements, Title VI and interpreter qualification, credentialing, continuing education and discipline.
• All of the above; Also, the Judiciary adopted a Language Access Policy that provides free interpreters for all LEP individuals contacting the Judiciary, whether in or out of court. The Judiciary also amended rules to include the provision of remote appearances which allowed for the use of telephone interpreters for court proceedings.
• Statewide legal requirements and LAP requirements.
• Supreme Court issued the Order adopting the Language Services Plan in 2014.
• Administrative order.
• We have long had a statute and Court administrative rule in place. We anticipate making changes to the rule to include a priority of appointment for sign language interpreters.
• LAP requirements; Administrative Orders on interpreter credentialing and an interpreter code of conduct. 6/7/2017
• Adopted interpreter training and testing standards and a Rule of Court entitled "Code of Professional Responsibility for Language Interpreters".
• Adoption of the Language Access Plan by the Judicial Council in January 2015.
• Statute to include interpreting services to crime victims.
• Although no procedural rules have been amended in the last five years, the emphasis on the commitment to provide language services has resulted in a higher level of awareness, an increase in requests for in-person interpreter services, and greater use of Telephonic Bilingual Services.
• Kansas Supreme Court Rules. 

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