Justice Department Clarifies State Courts’ Obligation to Provide Language Interpreters and Translators

The Department of Justice sent a letter to state courts on Monday clarifying the courts’ obligation to provide language assistance to those who are not English proficient so that all people have fair access to the courts.

This clarification was necessary, according to the Justice Department, because “some court systems continue to operate in apparent violation of federal law.”

Title VI of the Civil Rights Act of 1964 and the Omnibus Crime Control and Safe Streets Act require state courts that receive federal financial assistance to provide oral interpretation and written translation to people who do not speak English well.  According to the letter, the cost of providing interpreters and translators must be considered a basic operating expense that is not to be passed on to consumers.

“Justice requires that all individuals have meaningful access to the critical services provided by the nation’s state court systems, regardless of the individual’s English language skills,” said Thomas E. Perez, assistant attorney general for the Civil Rights Division, in a press release.