The court in Monmouth County, New Jersey is set to update and expand its translation capabilities, and related staff training — a clear “win” for language access advocates in the legal sphere. But the road there has been far from smooth.
It started with a complaint from a whistleblower, an employee of Monmouth County court who notified prosecutors of discrimination against users of the court with limited English proficiency (LEP).
The whistleblower alleged that the court then retaliated against them following the complaint. In both cases, Monmouth County court was accused of violating Title VI of the Civil Rights Act, which prohibits discrimination based on race, color, or national origin, by recipients of Federal funding, including the New Jersey Judiciary.
Law360 reported that the federal investigation of the allegations began in 2019. Prosecutors notified the judiciary of “findings and concerns” in June 2023.
According to an agreement with the US Department of Justice, the New Jersey judiciary, which has not admitted any wrongdoing in the matter, will pay the whistleblower USD 89,718.
Contrary to the federal Civil Rights Act’s requirements, the Monmouth County court was found to have impeded access to the court system by refusing to provide interpreters for assistance filling out paperwork; failing to translate and/or explain vital documents to court users with LEP; and failing to adequately inform staff of language access policies and procedures.
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Monmouth County’s approximate population, as of July 2023, is just over 0.64m; 2020 estimates peg the LEP population — self-assessed as speaking English “less than very well” — at about 6.2%.
The New Jersey judiciary will now translate more vital court forms and materials into the five non-English languages most commonly encountered in the court, namely Spanish, Portuguese, Haitian Creole, Korean, and Polish. Translated documents will be made available online and at the courthouse.
Steps already taken to improve language access include relocating a self-help resource center to an easily accessible location; the use of LCD screens throughout the courthouse to display information in multiple languages; and large signage with information useful to court users with LEP.
Mandatory training for judiciary staff will cover language access and Title VI retaliation. The US Attorney’s Office and the DOJ’s Civil Rights Division will monitor the New Jersey judiciary’s efforts for two years.