Christopher Donnelly
Sr. Manager of Interpreting Services at PGLS
As American demographics continue to trend towards multilingualism, is the legal system equipped to conduct fair and accurate trials for all? According to the U.S. Census, eight percent of the total U.S. population reported to speak English “less than very well.” Over 67.8 million said they speak a language other than English at home, a number that tripled between 1980 and 2019.
Language barriers are not new to the U.S. court system, but these numbers ought to correspond to an increase in demand for legal interpretation services. For example, forty-five percent of California’s population spoke a language other than English at home in 2021, up from thirty-nine percent in 2000. California’s superior courts counted 4.4 million interpretations between 2014 and 2018.
By ensuring all parties fully understand the proceedings, legal interpreters help the courts to fulfill obligations related to Title IV of the Civil Rights Act and Title II of the Americans with Disabilities Act (ADA). Their work also supports justice, equity, and fairness and can help avoid preventable errors resulting in mistrials or wrongful convictions.
Which laws mandate the presence of a legal interpreter, and under what circumstances is one provided by the courts? What is at stake if a person with limited English proficiency (LEP) does not have access to legal interpretation? This blog post will explore the importance of legal interpreters in trials, justice, and fairness in the United States.
What Is a Legal Interpreter?
A legal interpreter helps people with limited English proficiency to communicate during trials, depositions, witness testimonies, and with their counselors. As specialized professionals, legal interpreters receive training that verifies their skills and fluency, with an emphasis on legal terminology and processes.
Legal interpreters do not give legal advice, and all information shared with them is supposed to remain confidential. Legal interpreters do not summarize, answer questions, or explain what a lawyer, client, judge, or another person’s words might mean. Rather, their role is to relay information exactly as it was stated, working as a neutral intermediary on behalf of the LEP individual and the legal system.
Are Legal Interpreters Required by Law?
In short, legal interpreters are sometimes required to be present by law. However, whether a legal interpreter is contracted by the court or by the LEP individual depends on the type of case.
In criminal cases where the defendant is not fluent in English, their counselor can petition the court to furnish a legal interpreter. More often than not, the judge will acknowledge that the court is obligated to provide one.
In civil cases, depending on the jurisdiction, the court may not be required to provide a legal interpreter. Instead, private citizens are responsible for sourcing their own, often with the assistance of their legal counsel. In such cases, it is possible the judge will not permit a civil case to proceed until a qualified legal interpreter is present, as it is difficult to imagine a communication barrier would allow for a fair outcome.
The Importance of Legal Interpreters in Trials
The importance of legal interpreters in trials, depositions, legal consultations, and other interactions with the United States legal system cannot be understated. In the broadest sense, ensuring full and equal participation in civic life is a linchpin of a free, democratic society. From a more focused perspective, law firms may consider the role legal interpreters play in improving communication, which can be a boon to client satisfaction and case outcomes.
The impact of legal interpreters can be summarized into three key themes: compliance, ethics, and accuracy.
Legal Interpreters Fulfill Compliance Obligations
As recently as 2010, the Supreme Court of Georgia ruled that legal interpreters must be provided for criminal defendants with limited English proficiency. In Ling v. State of Georgia, the court held that:
“[…] one who cannot communicate effectively in English may be effectively incompetent to proceed in a criminal matter and rendered effectively absent at trial if no interpreter is provided.”
The court’s ruling was based on the U.S. Constitution’s requirement of due process under the Fifth and Fourteenth Amendments.
Title IV of the Civil Rights Act also establishes legal anti-discrimination protection by national origin, which has been interpreted to include linguistic variances. For example, if an individual is mandated to appear in court for a criminal proceeding and does not speak English fluently, providing access to a legal interpreter fulfills Title IV requirements.
If an individual is Deaf or has a disability that impedes communication, an ASL interpreter or other accommodations are required per Title II of the Americans with Disabilities Act. Disability accommodations are an ADA requirement in both criminal and civil cases.
Language Access Is a Matter of Ethics
Communication barriers and cultural misunderstandings can lead to unjust outcomes in the criminal justice system, making language access and legal interpretation a matter of ethics.
For example, if the court is not mandated to provide interpretation services (or, in many cases opts not to), judges sometimes allow a family member to stand in as an interpreter for an LEP individual. This practice is known as an “ad hoc permitted interpreter,” and experts say this practice presents several issues.
A multilingual person may support their LEP family member by interpreting everyday interactions, but unless an ad hoc interpreter has legal training, they are unlikely to have an adequate skill set to provide clear, accurate interpretations. The vocabulary is technical, and mistakes can lead to significant consequences. Also, untrained interpreters may not understand they should not summarize or omit details. If they do, the LEP individual could miss out on learning key information related to their case.
An ad hoc interpreter might seem appealing to an LEP individual, whether to save money or to provide familiar comfort in a stressful environment. The unintended consequences of imprecise interpretation could be even costlier. If the facts are presented to a judge incorrectly, or if the LEP individual does not understand their options, they could face more severe consequences.
This does not mean all court-provided interpreters are perfect. In one case, a Spanish-speaking man in court for a traffic violation received an incorrect interpretation implying he committed a much more serious crime. As a result, he confessed to the traffic violation, seemingly to defend himself against the other nonexistent criminal charge.
From an ethical standpoint, language barriers put LEP individuals at risk. Navigating the legal system without high-quality legal interpretation services may lead to more adverse outcomes compared to an English-speaking individual facing the same charges.
Legal Interpreters Help Prevent Costly Errors
Language access not only supports equity for LEP individuals. It also can avoid errors that may lead to mistrials, appeals to correct unjust outcomes, and other costs to taxpayers.
In 2012, a Minnesota county settled a lawsuit for $230,000 after a Deaf man was denied access to an ASL interpreter or TTY device while detained for three days in jail. There are also numerous instances of mistrials where the judge has thrown out a case due to incorrect information being relayed to a jury through incorrect interpretation.
Wrongful convictions or mistreatment due to communication barriers can engender mistrust in the legal system among disabled communities and multilingual communities. Mistrials resulting from poorly rendered interpretations lead to justice not being served on behalf of victims. The effects of these preventable errors can adversely affect communities for generations.
Providing Multilingual Legal Interpreters for Complex Cases
Complex cases can be emotionally charged, informationally dense, and overwhelming in a number of ways. Introduce a language barrier, and the difficulty is multiplied for an LEP individual involved with the legal system.
Legal interpreters offer a much-needed source of impartial communication, which is especially important in complex cases. They ensure an LEP individual receives information exactly as it is stated, even if the content is nuanced and complex. They also ensure the LEP individual’s statements are conveyed exactly as delivered, whether to a judge, jury, on the stand, during a deposition, or in conversations with their lawyer.
Contracting Legal Interpretation Services for Law Firms
Law firms that source high-quality legal interpretation for clients are not only positioning themselves for the best possible case outcomes. They are also upholding a strong code of ethics, setting an example for the United States legal system to better support the needs and rights of individuals with language barriers or disabilities.
If you are seeking interpretation services for law firms, PGLS can provide expert legal interpreters for over 200 languages and regional varieties, including certified legal interpreters for court cases. Our team of experts, including multilingual legal interpreters and ASL interpreters, will help you go beyond compliance obligations to improve client communication, increase client satisfaction, and reinforce your case strategy.
Contact us to learn more about legal interpretation services for law firms.