Serving Limited English Proficient (LEP) Battered Women: A National Survey of the Courts' Capacity to Provide Protection Orders

“This Should Not Be Happening in This Country”: Private‐Life Violence and Immigration Intersections in a U.S. Gateway City

“… One study found that limited English–proficiency populations needing domestic violence interventions received no interpretation 50% of the time in urban areas and 84% of the time in rural areas; written materials were often in English only (Uekert et al. ). …”

Language Access in State Courts

“…192 The worst problems involve cases in which the LEP individual speaks a language other than Spanish. 193 For example, there have been reports that in Milwaukee County, Wisconsin there are few Hmong interpreters, so that Hmong individuals seeking domestic violence restraining orders are subjected to delays. 194 The National Center for State Courts lists several practices that states can use to try to minimize the need to delay court proceedings, while using interpreter time efficiently, including: litigants that they must notify court personnel immediately if an interpreter is needed, and providing simple instructions for notifications; witnesses need interpreters; "Staff shortages sometimes translate into short shrift for some who come to court.…”

“…A National Center for State Courts study regarding the availability of interpretation in domestic violence protection order cases nationally found that "[f ]ewer than 20 percent of the courts use language identification cards or posted signs informing the public of the availability of free interpretation services." 78 And, American Friends Service Committee researchers visiting small claims courts in five New Jersey counties throughout the summer of 2007 found "no document informing individuals of their right to free language services." The researchers also observed that "while staff members may informally advise clients verbally of language services, there does not seem to be a formalized procedure in place to do so.…”

“…For example, interpreters who are unfamiliar with the ethics requirement that they remain neutral may try to persuade an LEP individual to drop her request for an order of protection. 100 A suggestion of this sort can carry an enormous amount of weight, since an LEP individual may not understand whether the interpreter is transmitting his own opinion or a statement from the judge.…”

“…The need to require rigorous adherence to ethics regimes is particularly great when the LEP individual comes from a small community, so that the likelihood that she knows the interpreter is heightened. 133 The ethics code should cover topics such as the obligation to interpret accurately, to alert the court if the interpreter is unable to interpret accurately for any reason, to maintain confidenti--tials. Two good models are the Code of Ethics and Professional Responsibility adopted by the National Association of Judiciary Interpreters and Translators, and the Model Code of Professional Responsibility for Interpreters in the Judiciary developed by the National Center for State Courts. 134 Knowledge of the guidelines should be required of all interpreters, and deviation should be grounds for removal of an interpreter from the case at hand, and in some instances from eligibility to serve as a court interpreter.…”