Template Support Letter for AB 2302 (Judiciary Committee)

(Court interpreters in civil matters)

1        This template is intended to be cut and pasted onto your program’s letterhead.

2        Please pick and choose between the bullet points below, depending on what points are most relevant to and/or connected to your program’s work – and please include specific examples from your program’s work or clients where possible.

3        Please also email an electronic copy of this letter to Kevin Baker, Counsel to the Assembly Judiciary Committee, at Kevin.Baker@asm.ca.gov.

4        Please fax or email a copy to LAAC.  Fax is (415) 834-0202 or email to jwilson@pic.org.

March XX, 2006

Hon. Dave Jones

Chair, Assembly Judiciary Committee

State Capitol

P.O. Box 942849

Sacramento, CA 94249-0001

Sent via fax to (916) 319-2188

RE:       AB 2302 – SUPPORT

Court Interpreters in Civil Matters

Dear Assembly Member Jones:

Thank you for your outstanding leadership and contributions to the efforts to improve access to justice for all Californians.  I am writing to express the support of [your program’s name here] for AB 2302, which ensures court interpretation services for parties in civil matters and waives interpreter fees for indigent parties.

[Include brief description here of your program’s work]

Below are the possible bullet points that might be included, grouped by a main topic idea:

Background - Language Diversity

·                    Of the state’s 34 million people, about 26 percent (roughly 8.8 million people) are foreign born.

·                    Californians speak more than 220 languages, and forty percent of the state's population speaks a language other than English in the home. 

·                    One quarter of Asian Pacific American and Latino households are linguistically isolated, defined as households having no member 14 years or older who speaks English “very well.”  For some communities, such as Vietnamese, Guatemalan, Honduran, and Korean, over 40% of households are linguistically isolated. 

·                    Our state’s extraordinary diversity is among its greatest assets and has helped make California an international leader in business, the arts, entertainment, engineering, medicine and other fields.  The state’s diversity also poses unique challenges for the delivery of government services, particularly for the courts.

Background - Court Interpretation

·                    While interpretation services are provided by the courts in most types of criminal proceedings, access to interpreters is not available in most types of civil proceedings.  A great deal can be at stake for individuals in civil proceedings, including access to elder abuse restraining orders, child custody or visitation orders, or appointment of a legal guardian or conservator.

·                    California law currently mandates appointment of an interpreter for all witnesses in civil cases.  Other states, by contrast, provide both parties and witnesses with a right to a court-appointed interpreter in all civil matters.

·                    California statutes do mandate appointment of an interpreter in adjudicative proceedings before state agencies, boards and commissions.

·                    California law requires that court proceedings be conducted in English, and most crucial court forms and documents are available only in English.

·                    The Legislature has previously recognized that the number of non-English speaking persons in California is increasing, and recognized the need to provide equal justice under the law to all California residents and to provide for their special needs in their relations with the judicial and administrative law system. 

·                    The courts are to be commended for their significant efforts to assist litigants with limited English proficiency, including steps to increase the number of certified and registered interpreters and to provide interpreters in civil cases where resources are available.  However, the number of skilled interpreters has actually declined over the past decade and the number of persons requiring interpreter services has increased.  As a result, a qualified interpreter is not provided in most civil proceedings.

·                    An overwhelming number of Californians believe that interpreters should be made available to assist non-English speakers in all court proceedings, and that interpreters should be provided free of charge to low-income non-English speakers.

The Impact of Lack of Interpretation Services

·                    Nearly seven million Californians cannot access the courts, understand legal documents, communicate with clerks or court staff, or understand or participate meaningfully in court proceedings – much less effectively present their cases – without a qualified interpreter. 

·                    Court interpretation is extremely difficult and takes a rare combination of skills, experience, and training.  Reliance on untrained interpreters, such as family members or children, can lead to faulty translations and threaten the court’s ability to ensure justice. 

·                    One of the starkest consequences of linguistic barriers to the courts is that justice is simply unavailable.  The very people who are arguably most in need of help from the courts are unable to access that protection. 

·                    Inadequate resources to assist litigants with limited English proficiency affects the court’s ability to function properly, causing inefficient and costly delays in proceedings for all court users, inappropriate defaults, and faulty interpretation that can ultimately subvert justice.  Conducting court proceedings when one party is incapable of fully participating significantly impairs the quality and efficiency of the process and its results, including compliance with court orders. 

·                    The inability to respond to the language needs of parties in court impairs trust and confidence in the judicial system and undermines efforts to secure justice for all. 

·                    By excluding a large segment of the population from participation in an institution that shapes and reflects our values, we threaten the integrity of the judicial process. 

·                    Californians overwhelmingly agree (85 percent) that the courts should ensure that an adequate number of interpreters are available to assist non-English speakers.

Court interpreters should be available to all Californians who need them in order to protect the fair and efficient administration of justice, allow parties to be fully understood by the court, encourage trust and confidence in the judicial system and promote respect for the rule of law and compliance with court orders.  Therefore, [your program] respectfully urges all members of the Legislature to support AB 2032.

Sincerely,

[Signature block]