New Report from Legal Services NYC Reveals Language Access Issues in New York City’s Civil Courts

Current legal system does not provide equal, meaningful access to justice for all New Yorkers, report finds

December 20, 2016, NEW YORK—Legal Services NYC, the largest provider of free civil legal services in the U.S., released a report today entitled Interpreting Justice: Language Access in the New York CourtsInterpreting Justice: Language Access in the New York Courts. The report surveyed 87 lawyers providing civil legal services to low-income New Yorkers in order to draw findings from their experiences dealing with language access issues in the courts.

Press coverage: PoliticoNY, WNYC, Korea Daily (Korean),World Journal (Chinese)

Half of NYC residents speak a language other than English at home, and one-sixth of all NYC households do not contain anyone over the age of 14 who speaks English well. When people with limited English proficiency (LEP) find themselves having to go to court, they often find themselves at an immediate disadvantage, as they have difficulty requesting an interpreter, finding out where to go, or even engaging in basic communications with court staff. Language barriers therefore make it even more difficult for LEP litigants – particularly those who do not have a lawyer – to understand complicated legal proceedings which are confusing even for native English speakers. But without meaningful access to the court systems, LEP individuals face a heightened risk of losing their homes in eviction proceedings or otherwise being unable to protect their rights. In addition to offering new data on the prevalence of language access issues, the report also provides recommendations for how courts can best support LEP litigants and offers first-person accounts from LEP litigants who have encountered difficulties obtaining interpreters for court proceedings.

“Providing timely and accurate language services in the courts is a key step to ensuring that our justice system is accessible to all New Yorkers – no matter where they were born or what language they speak” said Christine Clarke, Director of the Civil Rights Justice Initiative at Legal Services NYC and an author of the report. “Now more than ever, we as a City must make a commitment to making our institutions accessible and welcoming to our diverse population. We undertook this research to investigate and highlight the challenges faced by our LEP community in the courts.”

Key findings of the report include:

• 20% of lawyers attending court appearances over a 60-day period faced serious problems because court interpreters were unavailable, despite having been requested in advance.
• 74% reported having experienced interpreter-related adjournments.
• 13% reported that court interpreters were virtually never available without a 2-hour wait or adjournment.
• 28% reported that more than half of all appearances with an LEP client are delayed 2+ hours for an interpreter.
• Respondents who reported severe problems (where interpreters were unavailable more than half the time) tended to work in Brooklyn and the Bronx.

Based on the data collected as well as interviews with both lawyers and LEP litigants, the report provides a series of specific recommendations on improving language access in courts:

• Tracking languages: The court system must record and publish findings on the languages that litigants speak and must keep track of what language a litigant speaks for the entire duration of their case so an appropriate interpreter can be scheduled for every court appearance.
• Court interpreter availability: There is a shortage of court interpreters in New York City in all languages, but particularly in Urdu, Bengali, and Arabic. More interpreters would reduce delays and overscheduling.
• Informing people of their rights: The courts must make a more concerted effort to inform LEP litigants of their right to free court interpretation and how to obtain it before they arrive at court.
• Interpreter scheduling: There should be an online system for litigants to schedule interpreters in advance of their court appearances, and courts should publically post interpreter schedules in courthouses and online in the relevant languages.
• Interpretation for negotiations and settlements: As all lawyers know, much of the important work of litigation, including negotiating settlements, happens outside an actual courtroom – in the hallways and public spaces in a court house. Therefore, LEP litigants need access to interpreters for these conversations and negotiations.
• Quality control: All court interpreters should be certified to ensure their language proficiency and interpretation ability, and they should be recertified periodically and have access to continuing education programs on legal issues and terminology.

Christina, a litigant with limited English proficiency, shares her story:

“I took my landlord to housing court for repairs, and had to go six different times. “Only two of those times, a sign language interpreter was available… At the fourth court date, there was no interpreter and they said “go ahead and the judge will give you a new appointment date.” [W]hen I was called, I stood there in front of the judge and watched as the landlord’s lawyer and the judge were talking back and forth having a conversation. I couldn’t understand what was happening. It made me cry, because I couldn’t communicate properly or stand up for myself. And I was already frustrated because, throughout the whole process, I wasn’t getting interpretation. To people who have never experienced this, I want to say that it’s really oppressive. I felt like I was just forced to just follow through with whatever is going on. I couldn’t stand up and speak for myself.”

“Legal Services NYC’s work to protect the rights of people with limited English proficiency is an integral part of our mission to serve low-income New Yorkers,” said Raun Rasmussen, Executive Director of Legal Services NYC. “With the release of this report, we hope to raise awareness of language access issues in our courts and provide recommendations for how the legal system can provide equal protection to all.”

Click here to read the full report.

###

Contact: Christine Clarke, cclarke (at) legalservicesnyc.org, 646-442-3645; Kate Whalen, kwhalen (at) legalservicesnyc.org, 646-442-3654