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2013 CLAS Annual Report February 2014 Court Interpreter Services 2013 Annual Report Mission Statement Court Interpreter Services provides high‐quality mandated linguistic access to the Oregon State Courts through trained ethical interpreters, education of the court community, and responsible resource management. http://courts.oregon.gov/CIS Page 2 CIS 2013 Annual Report A Message from the Program Manager The July 22, 2013 Oregonian headline century, Oregon’s judicial and legislative leaders is compelling: “Garbled Spanish anticipated growth in the need for high quality translation of Miranda rights leads language services and planned accordingly. The court to overturn conviction in Oregon results today are a robust Oregon court interpreter case.” It refers to a July 2013 9th U.S. program in 91 languages and scheduling services in all Circuit Court of Appeals ruling that an 36 Oregon counties. The OJD is now entering the Oregon detective’s Spanish next chapter of providing access to justice. Nearly 15 interpretation of the Miranda out of 100 Oregonians need language assistance to warning “failed to reasonably convey conduct their business, protect their families, or his [the defendant’s] rights.” A meet their accusers at court. January 7, 2014 Chicago Sun‐Times headline is startling: “Garbled Spanish translation of Miranda rights “Prosecutors, alleged victim differ on language‐barrier issue leads court to overturn conviction in Oregon in dismissed rape case.” It refers to the pending review of a court language access matter in a 2013 Chicago criminal case.” case and its ripple effect on a new, separate criminal Oregonian, 7/22/2013 matter. The US Department of Justice (USDOJ) has been In 2013, the federally funded State Justice Institute increasing its enforcement of Title VI of the Civil Rights Act designated limited English proficiency (LEP) services of 1964. Our neighbors to the north and south have been as one of its priority investment areas. The OJD was compelled to collaborate on USDOJ‐approved action plans awarded $65,000 worth of grants (page 3) in order to for voluntary compliance following concerns or expand language access services. Washington and complaints. The courts of Los Angeles County, CA, King Polk County Courts serve as pilot courts to test County Superior, WA, and King expanded services. Language access improvements Inside this Report County District, WA are in an receive support from the highest levels of the OJD. The National Scene 3 ongoing dialogue with the Oregon Supreme Court Chief Justice Thomas Balmer Language Access Grants 3 USDOJ. Colorado began chairs the newly formed Civil Justice Initiative Special providing interpreters for all Committee of his peers in order to respond to Title VI of Civil Rights 4 civil cases following a USDOJ national concerns about issues that adversely affect Interpreter Pay 4 review. North Carolina, access to justice. In April, he will also welcome all 50 Maine, Rhode Island, and states, US territories and the District of Columbia at CIS & Oregon eCourt 5 Delaware have penned the 2014 Council of Language Access Coordinators Remote Interpreting 6 memoranda of understanding Conference in Portland, Oregon. with the USDOJ. To do Scheduling 7 Language access must not be a barrier to individuals otherwise puts the courts at trying to access the judicial system. It is not Fulfulde Language 8 risk for losing all federal something we do because we are afraid of the Credentials 9 funding to their agency or consequences for not taking deliberate action. We branch. do it because it is the right thing to do and we invite Continuing Ed 10 Reduced judicial funding over you to join the OJD to explore opportunities for Mentoring 11 the past decade has amplified engagement and partnership, and to call upon our the difficulty of extending office as a resource. Please enjoy our informative Outreach 11 language services. However, 2013 Court Interpreter Services Annual Report. Glossary 12 access to justice remains a Language Access Terms 13 core OJD value. We do it Kelly Mills because it is the right thing to Program Manager Special Thanks 13 th do. At the end of the 20 Court Interpreter Services CIS 2013 Annual Report Page 3 The National Scene The 13 member NCSC Remote Interpreting Oregon works closely with the National Center for State Courts Advisory Workgroup provided (NCSC) and the Consortium of State Court Administrator’s recommendations to the Council of Chief Language Access Committee to improve access to justice for Justices (CCJ) and the Council of State Court Administrators (COSCA) in establishing policy, limited English proficient (LEP) court customers. National and business and technical best practices for accomplishments included: video remote interpretation (VRI). The group's Training 19 new oral exam raters of Arabic, Haitian Creole, goal is to offer a national business solution that Khmer, Korean, Portuguese, and Punjabi languages. can offer immediate improvements in the ability of courts to gain access to qualified Routine exam maintenance of five language exams. interpreters as needed. The distribution of the publication Access to Justice for Oregon acted as a consultant to Tennessee, Limited English Proficient Litigants: Creating Solutions to Minnesota, California, New Mexico, and Texas Language Barriers in State Courts to enhance or establish Administrative Office of the Courts in piloting state courts’ language access programs. Remote Interpreting services. Delivery of a Remote Interpreting (RI) Best Practices Manual and a national interpreters’ Code of Ethics for RI. 17 front‐line court staff from Oregon’s Washington and Clackamas Counties helped pilot the national online training module Language Access Basic Training for working with LEP court customers. New Mexico developed the training with funding from the State Justice Institute. NCSC will manage the final training module. OJD Language Access Grants technology. The pilot courts, Washington and Polk Counties, were chosen for: Oregon’s Court Interpreter Services (CIS) received “The Counter 1. the enthusiastic support of court Encounter” $50,000 State Justice Institute Technical Assistance administrators, and grant, and a $15,000 National Center for State Courts Technical Assistance grant. Results of the grants will be: 2. demographic differences that will inform future resources in urban and rural courts A dialogue with and a poll of limited English proficient (LEP) across Oregon. communities regarding their experiences and satisfaction with language access services in Oregon Circuit courts, and An OJD Language Access Coordinator was assigned to oversee the development and Activities at two pilot courts to remove access to justice implementation of overall language access barriers for LEP populations. improvements, including the grants. In the process of communicating with the LEP populations to Oregonians by the Numbers assess their needs, we expect to forge and strengthen mutually beneficial relationships between language communities, the 9.6% are foreign‐born Oregon Court System, and our partners. Success will result in 14.7% speak a foreign language at home improved LEP and self‐represented litigants’ access to written 6% speak English less than “very well” and online OJD resources via translations and the use of Source: U.S. Census Bureau, 2012 figures Page 4 CIS 2013 Annual Report Language Access—Title VI of the Civil Rights Act Title VI of the Civil Rights Act of 1964 provided the Oregon Criminal educational webinars, "Doing it reads, "No person in the United States Bench Book’s chapter on Justice ‐ Compliance with Title VI shall, on the grounds of race, color, or working with interpreters. of the Civil Rights Act of 1964 national origin, be excluded from the U.S. DOJ Way,” and In September, Trial Court participation in, be denied the “Compliance 101: The Four Administrators reviewed Title VI benefits of, or be subjected to Factor Analysis." and learned the entire OJD must discrimination under any program or comply with Title VI to the US CIS staff attended programs activity receiving Federal financial Department of Justice’s related to census data, cultural assistance." Title VI was interpreted satisfaction in order to retain all competency, and language by the US Supreme Court in 1974, federal funds awarded to the access. saying it is against the law to OJD. discriminate or deny benefits due to CIS staff represented the OJD language, based on national origin. Trial Court Administrators on the Oregon Council on Lau v. Nichols, 414 U.S. 563, 568‐69 brainstormed ideas for Health Care Interpreters by (1974). improving courthouse language appointment of the Governor. services in signage, informational Activities were held in 2013 to brochures, translations, self‐ educate the Oregon Judicial Everyone can learn more represented litigant materials, Department about Title VI. about our Title VI training staff and judges, and the In June, new Oregon Circuit use of technology. responsibilities at the Court Judges were introduced to CIS staff participated in website: www.LEP.gov Title VI requirements, and were Pay Increase for Certified Contract Interpreters The 2013 Oregon Legislature ORS 45.285, ORS 45.288, and ORS parents of juveniles, language approved OJD’s request for funding 45.291) barriers may jeopardize basic legal to increase the hourly rate for rights. The OJD worked with Oregon’s contract certified interpreters. The Legislative Fiscal Office and hourly rate was increased to $40 contractors to agree on the Paying the market rate from $32.50 per hour, which was necessary steps related to helps the OJD compete established fifteen years ago. implementing the certified Hardworking and dedicated with Federal courts, interpreter hourly rate increase professional interpreters were effective July 1, 2013. private attorneys, and other instrumental in the effort and provided key testimony at Legislative Without qualified interpreters, states to meet the growing hearings. The mandate to provide limited English proficient (LEP) demand for interpreters in interpreters and pay for them at a persons are unable to participate rate established by the State Court fully in the judicial process.
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