A 14-year-old in Painesville, Ohio has a hearing in the Lake County Juvenile Court. His mother speaks Spanish and a little English. He speaks both, so the family assumes he will translate for her. That is a bad plan. A juvenile hearing is about him, and his mother needs to understand every word on her own. Courts have interpreters for this. In Lake County itself, a missing interpreter once became a federal complaint.
Where the right comes from
Title VI of the Civil Rights Act of 1964 bans discrimination based on race, color, or national origin in programs that receive federal money. State courts that receive federal money are covered. In Lau v. Nichols (1974), the Supreme Court decided that San Francisco schools broke Title VI when about 1,800 students of Chinese ancestry who did not speak English got no help learning it. The Court said giving everyone the same classes is not equal treatment if some students cannot understand them.
The U.S. Department of Justice (DOJ) has relied on Lau to say that courts receiving federal funds must take reasonable steps so that limited English does not keep a person from being heard. Limited English proficiency, often called LEP, means having trouble reading, writing, speaking, or understanding English.
What courts have agreed to provide
In a 2016 report, the DOJ described its work with state courts. In 2012, it received a complaint from a Spanish-speaking mother who said she had no interpreter at a custody hearing in the Lake County, Ohio Juvenile Court, where she lost custody of her child. The Supreme Court of Ohio then worked with the DOJ from 2013 to 2016 to improve its language services. Hawaii's courts adopted a policy of free, competent interpretation in all court proceedings. Rhode Island's Chief Justice issued an order in 2012 requiring free language help in all court proceedings and operations.
Federal courts have their own law. The Court Interpreters Act requires certified or otherwise qualified interpreters in cases brought by the United States, when a party's language keeps them from understanding the case or talking with their lawyer.
How to ask for an interpreter
Ask early. Call the clerk's office, the front desk for court paperwork, as soon as you get a court notice, and say which language you need. Give the case number. Tell your lawyer too. Ask for help at the clerk's window and with forms, not only in the courtroom, because the DOJ report counts those as court services.
Do not let a child interpret for a parent in a hearing. Ask for the court's interpreter. If the court says no, ask whether it has a language access coordinator or a complaint process, and write down the date and the name of the person you spoke to.
One thing we could not confirm: federal guidance on language access has changed in recent years. Title VI and Lau v. Nichols still stand. For your own court's current rules, check your state court system's website.
Remember this
- Title VI bans national origin discrimination in federally funded programs, and Lau v. Nichols (1974) applied that to people shut out by language.
- The DOJ has worked with courts in Ohio, Hawaii, and Rhode Island to provide free interpreters in court proceedings.
- Call the clerk's office early, name the language, and give the case number.
- Do not let a young person interpret for a parent in court; ask for the court's interpreter and write down who you spoke to.
Sources
- U.S. Department of Justice: Language access in state courts (2016) (opens in a new tab)
- Legal Information Institute (Cornell): Lau v. Nichols, 414 U.S. 563 (1974) (opens in a new tab)
- Legal Information Institute (Cornell): 28 U.S. Code 1827, Interpreters in courts of the United States (opens in a new tab)
This article provides general educational information, not individualized legal advice. KidsKnowRights is not a law firm, and reading this article does not create an attorney-client relationship. Laws vary by state, age, and circumstances, and they change over time. For advice about a real situation, talk with a licensed attorney or a legal aid organization.