HomeMy WebLinkAbout2022-2023 Language Access Plan - Jefferson County Superior Court
Language Access Plan of Jefferson County Superior Court
I. PURPOSE
The following plan is submitted on behalf of a county funded and operated Superior
Court within the geographic boundaries of Jefferson County. This includes Juvenile
Court. The Jefferson County Superior Court utilizes their current Superior Court
Administrator Office to serve in all aspects of facilitating access to language support.
This LAP sets forth the Jefferson County Superior Court policy and procedures for
the provision of timely language access services that ensure access for all limited
English proficient (LEP), deaf, hard of hearing, and deaf-blind (D/HH/DB) individuals
who come in contact with Jefferson County Superior Court services and programs.
Language access services include both interpretation and translation services for LEP
and D/HH/DB individuals.
II. COURT POLICY REGARDING LANGUAGE ACCESS SERVICES
Under Washington state law (RCW 2.42 and 2.43), Title VI of the Civil Rights Act of
1964 (Title VI), the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets
Act), the Americans with Disabilities Act (ADA), and the regulations implementing these
federal laws, Washington courts are required to provide language access services to all
LEP and D/HH/DB individuals in civil and criminal court proceedings and in all court
managed services and programs and to develop a written language access plan
pursuant to RCW 2.43.090.
It is the policy of Jefferson County Superior Court to provide foreign language
interpreter services at no cost to LEP parties, witnesses, victims, and others with an
interest (e.g., parents, legal guardians, custodians) in all court proceedings and
operations, both civil and criminal, other than when it is the responsibility of other
government bodies pursuant to state law. It is also the policy of this court to provide
sign language interpreting services at no cost to persons who are D/HH/DB as required
under applicable state and federal statutes and regulations.
Jefferson County Superior Court will provide accessible information to LEP and
D/HH/DB persons on how to request these language assistance services and vital
documents as part of its notice to the public about its language access services.
Although D/HH/DB individuals are covered under the ADA and RCW 2.42 rather than
Title VI and the Safe Streets Act, this plan covers language access services for both
D/HH/DB and LEP individuals.
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III. DATA COLLECTION AND NEEDS ASSESSMENT
The Superior Court Administrator will, on an annual basis, compile demographic data
regarding the language needs of its community. The court will initially review data from
sources such as the following:
• Most recent and relevant U.S. Census and American Community Survey (ACS);
and
• Local school district Port Townsend, Chimacum and Quilcene)
This data will be analyzed annually to determine whether the court’s allocation of
language access resources is appropriate.
The Jefferson County Superior Court will make every effort to track requests for
language access services by:
• Language preference (both spoken, written, and signed);
• Case type (e.g. family law, criminal, housing, etc.);
• Proceeding (e.g. trial, arraignment, initial appearance, etc.); and
• Location of service request (e.g. court hearing, ADR, clerk’s office, etc.)
In addition to mechanisms discussed under the identification of language needs section
below, the Jefferson County Superior Court Administrator will track this internal data
in the OYDESSY case management system where available, and/or spreadsheets
maintained by the Jefferson County Superior Court Administrator’s Office, if case
management is not automated. On a yearly basis, the court will analyze the data
collected to identify whether services requested are in fact provided, assist in the
allocation of language access resources, and identify gaps in the provision of services
to address future needs.
The Jefferson County Superior Court Administrator will send the final data
compilation and analyses in the form of a biennial report to the Washington State Court
Interpreter Commission to assist the Commission in monitoring of the court’s Language
Access Plan, identification of interpreter training and certification strategies, and other
tools to assist the AOC and local courts in the provision of language access services.
A. Identified Current Needs
The most current language need identification efforts undertaken by Jefferson
County Superior Court shows the following non-English languages, whether
spoken or signed, that are most frequently used in our geographic area:
• Spanish
• Chinese
• Japanese (Okinawan)
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The most current language need identification efforts undertaken by Jefferson
County Superior Court shows the following foreign or sign languages that are
most frequently used in our court community:
• Spanish
• Chinese (Cantonese/Mandarin)
• American Sign Language
• Japanese(Okinawan)
IV. LANGUAGE ASSISTANCE IDENTIFICATION AND RESOURCES
A. Interpreter Services
The Jefferson County Superior Court has designated Sophie Nordstrom,
Superior Court Administrator, as the person responsible for coordinating
language access services and to whom requests for interpreters and other
language access services may be addressed. This designated person is
available to:
• Develop lists of interpreters and secure interpreter services;
• Receive and track language assistance requests;
• Address gaps in interpreter services by conducting outreach as needed;
• Provide information to assist LEP and D/HH/DB individuals to secure
language access services;
• Assist or provide referrals to attorneys, justice partners, and other relevant
persons to secure language access services for their clients and constituents;
• Assist with securing language access services; and
• Answer questions from LEP and D/HH/DB individuals, and the public at large,
regarding the court’s available language access services, including the court’s
language access resources such as translated materials, interpreter roster,
language identification cards, and other resources identified in this plan.
LEP and D/HH/DB individuals, attorneys, justice partners, government agencies,
and any other entities in need of language access services for court programs or
activities or to acquire such services or information for themselves or their clients,
may contact:
Sophie Nordstrom
P.O. Box 1220
1820 Jefferson Street
Port Townsend, WA 98368
Phone: (360) 385-9395
snordstrom@co.jefferson.wa.us
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B. Identification of Language Access Needs and Notice of Availability
LEP and D/HH/DB, individuals may come in contact with court personnel via the
phone, TTY / TDD, in-person, or through other means. In addition, there are
various points of contact within Jefferson County Superior Court where LEP
individuals or persons who are D/HH/DB will be in contact with court staff.
Sometimes people who need language access services, including translated
documents, will not request these services because they do not realize that such
services are available at no charge, or because they do not recognize the level of
English language proficiency or communication ability needed to effectively
participate in the court program, court proceeding, or court services. The first
step in providing language access services is to enable LEP individuals or
persons who are D/HH/DB to properly identify their language needs.
As a first step towards ensuring that LEP and D/HH/DB individuals are able to
properly identify their language needs and to request language access and
assistance services, Jefferson County Superior Court has a legal obligation to
provide accessible notice to the public of an individual’s right to spoken and sign
language interpreter services and to be provided vital documents in translated
form whenever necessary to access court proceedings and court-managed
programs.
1. Identifying Language Needs at Points of Access
Jefferson County Courts will identify language access needs at all points of
contact with the court, such as the:
• Telephone calls to County Clerk’s staff: 360-385-9125
• Security screening at court house entrances at the ADA entrance
• Jefferson County Sheriff’s Office
• Telephone calls to Jefferson County Superior Court Administrator- 360-
385-9395
To ensure the earliest possible identification of the need for language access
services, the Jefferson County Superior Court has established internal
protocols with the various justice partners which routinely interact with this court
in order for these partners to communicate to the appropriate court staff the
needs of LEP or D/HH/DB participants who will be coming into contact with the
court. While justice partners themselves may be under a separate legal
obligation to provide language access services to their clients, the court will be
notified of any services that fall under the responsibility of the court as early as
possible so services may be provided in a timely and efficient manner. Examples
of justice partners to be notified include:
• Jail staff
• Domestic violence victim’s advocate
• Attorney
• Court facilitator
• Law enforcement
• Prosecuting Attorney’s Office
• Department of Assigned Counsel’s Office
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2. Notice of the Availability of Language Access Services
In order to facilitate the ability of LEP and D/HH/DB individuals to request
their need for language access services, the Jefferson County Superior
Court shall provide notice of the availability of language access services
translated into Washington State’s most frequently used languages that
states:
“You have the right to language access services at no cost to you. To request
these services, please contact Court Administrator@ 360-385-9395”
The Jefferson County Court displays this notice on its website and at the
following locations:
• Superior Court Clerk’s Office
Additionally, Jefferson County Superior Court has the following resources
available at its points of contact, including those listed above when
appropriate, to help LEP and D/HH/DB and court staff communicate with
each other:
• Language identification cards at all points of contact
• Language Line Telephonic Services for non-Court matters, as Superior
Court requires AOC certified interpreters for proceedings
When it appears that an individual has difficulty communicating due to a
language barrier, Jefferson County Superior Court Administrator must inform
the LEP or D/HH/DB person of his or her right to have language access services
provided by the courts at no cost to them, even if the LEP or D/HH/DB person
has not made a request for the language access services.
V. LANGUAGE ACCESS SERVICES
Once the Jefferson County Superior Court Administrator has determined interpreter
services are required for an LEP or D/HH/DB individual, they have access to the
following procedures for securing an interpreter.
A. Language Access Services Inside the Court Room
1. Appointment of a Certified, Registered, or Qualified Interpreter for In Court
Proceedings
The person responsible for appointing or securing the assistance of an interpreter at the
Jefferson County Superior Court will comply with the following order of preference in
appointing an interpreter in RCW 2.43.030:
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RCW 2.43.030(1) (b)
An in-person Certified or Registered interpreter who has been credentialed
by the Administrative Office of the Courts shall be appointed, whenever
possible, unless good cause is found and noted by the appointing authority.
“Good cause” includes, but is not limited to, a determination that:
(i) Given the totality of the circumstances, including the nature
of the proceeding and the potential penalty or consequences
involved, the services of an in-person credentialed interpreter are
not reasonably available to the appointing authority; or
(ii) The current list of credentialed interpreters maintained by
the Administrative Office of the Courts does not include an
interpreter in the language spoken by the LEP.
RCW 2.43.030(2)
If good cause is found for using an interpreter who is not credentialed by
the Administrative Office of the Court, the appointing authority shall make
a preliminary determination that the proposed interpreter is able to
interpret accurately all communications to and from such person in that
particular proceeding. The appointing authority shall satisfy itself on the
record that the proposed interpreter:
(a) Is capable of communicating effectively with the court or agency
and the person for who the interpreter would interpret; and
(b) Has read, understands, and will abide by the code of ethics for
language interpreters established by court rules.
In the event no in-person interpreter is available locally, the court or designated
authority will weigh the need for moving forward with the proceeding against any
possible negative consequences to the LEP or D/HH/DB person’s ability to
effectively participate in the proceedings through the use of a remote interpreter,
as may be allowed by Washington court rule or law. When evidentiary matters
are before the court, the court shall reschedule the hearing until an in-person
interpreter is available, whether located in-state or out-of-state, and be made
present at the hearing.
Jefferson County Superior Court will NOT appoint as interpreters anyone with
a potential conflict of interest in the case, including the following: minors; friends
and family of the LEP or D/HH/DB person; advocates and attorneys; justice
partner bilingual staff; or anyone deemed unqualified after voir dire by the court.
2. Practices in the Appointment and Use of Interpreters
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In appointing interpreters, the Superior Court Administrator, will ensure that the
interpreter and the LEP or D/HH/DB participant can effectively communicate. It is also
the practice of Jefferson County Superior Court to:
• Make a determination of the appropriate number of interpreters that may be
required for the proceeding. When the proper administration of justice so
requires the court will appoint multiple or separate interpreters.
• For long hearing sessions or trials, appoint a team of two interpreters or if no
second interpreter is available, allow the interpreter to have frequent breaks to
avoid interpreting fatigue, ensure accuracy, and avoid subsequent errors.
• Only allow an LEP or D/HH/DB person to waive his or her right to the
assistance of an interpreter if the waiver is knowing, voluntary, and on the
record. The waiver of an interpreter may be rejected by the court or later
revoked by the person.
• Require interpreters to provide sight translations for documents related to the
court proceedings.
• Prohibit interpreters from assisting LEP or D/HH/DB with entering
information on court forms without the involvement of court staff in the
completion of such forms.
• Provide sign language interpreters for jurors who are D/HH/DB when such
persons are called and selected for jury service
3. Calendaring and Scheduling of Interpreters for In-court and Out-of-court
Contacts
Jefferson County Courts will provide interpreter services in a timely manner. In order
to provide high quality language access services in an efficient manner, Jefferson
County Superior Court employs the following practices:
• Batching of matters for which an interpreter for a specific language is needed so
long as this does not cause unnecessary delays in access and loss of remedies
available to litigants,
• Coordinating calendars so an interpreter may be available for several matters in
the same court location on the same day.
4. Remote Interpreting
For all judicial proceedings, the Jefferson County Superior Court uses the following
remote interpreting technologies:
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• Video-remote interpreting via Zoom- with the option of the Simultaneous
Interpretation feature
• Generally, in-person interpreters are preferred, but given the current pandemic
status in Washington State, remote hearings are a feasible option.
• Video remote interpreting (VRI) will be used appropriately in order to be an efficient
and effective mechanism for providing language access services when an in-person
interpreter is not available and will meet the requirements for providing effective
communication, including:
o Real-time, full-motion video and audio;
o A clear, large image;
o A clear transmission of voices;
o Adequate training in utilizing the equipment; and
o Use of Certified or Qualified interpreters with legal
training.
The court requires training for staff and appointing authorities on how to use the
technologies, how to best utilize the remote interpreter, and what are appropriate events
for such types of remote interpreting service. VRI shall not be the only option available
to the court and should be used when in-person interpretation services are not
available.
B. Language Services Outside the Courtroom
Jefferson County Superior Court is responsible for taking reasonable steps to ensure
that LEP, deaf and hearing-impaired individuals have meaningful access to services
outside the courtroom. It is the practice of the court to provide interpreters for court-
managed services, programs and operations consistent with state and federal language
access mandates. In compliance with such mandates, the court shall provide language
access services for court-ordered programs or services at:
• Court-ordered visitation
• Court facilitator services
• Criminal diversion programs
• Intake or filing offices
• Juvenile detention
• Juvenile diversion programs
• Mandatory mediation
• Parenting classes
• Pre-Sentence Investigations/Psycho-Sexual Evaluations
The court, in compliance with federal and state civil rights laws and regulations, shall
provide the most appropriate language access service for these programs and services,
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including qualified interpreters, bilingual staff, and translated materials and information.
When the most appropriate language access service is the appointment of a qualified
interpreter, the court shall follow the guidelines described for the appointment of
interpreters.
As noted in the policy interpretation section earlier, RCW 2.42 requires that courts
provide interpreters for persons who are D/HH/DB when they are required to attend
court ordered-programs or services.
C. Translated Forms and Documents
Jefferson County Superior Court understands the importance of translating forms,
documents, and electronic materials into non-English languages, so that LEP
individuals have greater access to the courts’ services. Judicial and court staff shall not
use web-based applications or software to process or provide translations for LEP
individuals.
State forms which have been translated are available at www.courts.wa.gov/forms.
Additional informational resources translated into Spanish include:
• A Guide to Washington State Courts / Guía de los Tribunale del Estado de
Washington
• Self-Represented Persons in District Court / Personas que se representan a sí
mismas en el Tribunal de Distrito
• Self-Represented Persons in Municipal Court / Personas que se auto
representan en los Tribunales Municipales
• Self-Represented Persons in Superior Court Civil Proceedings / Personas que se
auto representan en procedimientos civiles en el Tribunal Superior
• An Introduction to Small Claims Court / Una Introducción Al Juzgado De
Demandas De Cuantía Menor
The court shall make available such forms at appropriate locations in its court system
and to provide appropriate forms for LEP. Information posted on the court’s website for
such forms shall be made accessible in the language the form is translated into.
VI. TRAINING
Jefferson County Superior Court is committed to training for all contact with LEP and
D/HH/DB individuals in order to ensure the successful delivery of language access
services. The court will provide staff training on all requirements in this Language
Access Plan. Additional training opportunities will include:
• Proper appointment and scheduling of interpreters for all court proceedings and
court-managed programs and services;
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• How to voir dire a non-credentialed court interpreter;
• Role of an interpreter, modes of interpreting, and interpreter ethics and
professional standards;
• Courtroom management when interpreters are used;
• Use of remote technologies for interpreting; and
• Cultural competence
Training efforts will include an initial training for new staff on the
requirements of the current Language Access Plan and an annual training
for existing court personnel that addresses any revisions made to the Plan.
Resources and information regarding language access services, policies and
procedures and tools for providing language assistance (such as bench cards,
language identification guides, brochures, etc.) are available to all court staff and
decision makers at:
• The court’s intranet and
• Pierce County Interpreter Services Office
VII. COMPLAINT PROCESS FOR NON-COMPLIANCE
1. Complaints Against Local Court
This specific complaint process is designed to bring to the attention of the local court,
and if necessary, the Interpreter Commission, allegations filed by LEP or D/HH/DB
parties that the local court is out of compliance with the its own Language Access Plan,
any applicable federal statutes or regulations, state statutory provisions, such as RCW
2.42 or 2.43 and/or any applicable state or local court rules. This is an informal process
whereby the Interpreter Commission may be involved in providing consultation and
guidance to LEP parties and local courts in resolving and removing barriers to language
access services and resources.
LEP and D/HH/DB individuals are encouraged to first file a complaint with the local court
using local court customer complaint filing procedures. The local court complaint rules
are as follows:
A. Local Court Complaint Process
1. Contact the Superior Court Administrator in Jefferson County with any
complaint and including any pertinent information by calling (360) 385-
9395.
2. Submit the Complaint Report Form to Jefferson County Superior Court
Administrator, either in person or by email:
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3. The Superior Court Administrator will meet with the person submitting the
complaint within 5 days to discuss possible resolutions.
4. The Superior Court Administrator will respond to the complaint in writing
outlining the resolution. If attempts to resolve the issue or the resolution is
unsatisfactory to the person submitting the complaint, the complaint will be
referred to the Court Interpreter Commission as outlined in section B.
B. Complaint Filed with the Court Interpreter Commission (Optional)
1. Except in extraordinary circumstances, the complaint must be filed with the
Interpreter Commission by an aggrieved party within 60 days from the date
of the events on which the complaint is based.
Within 3 business days of the receipt of the complaint against a local court,
Superior Court Administrator will inform complainant, using the contact
information provided by complainant, of their option to file their complaint with
the Department of Justice and of the need to file such complaint within 180
days from the date of the alleged discrimination.
2. Complaints filed with the Court or the AOC must be in writing and must be
signed. The complaint must include the following information:
a. A clear and brief description of the complaint and any evidence
upon which the allegation is based, with relevant supporting
documentation. The description and supporting evidence should include
relevant facts that support the complaint that the court did not provide
language access services;
b. If possible, the complaint should identify the section(s) of the court’s
plan, statutes or regulations alleged to have been violated and the time
frame in which the lack of compliance is alleged to have occurred;
c. Disclosure of any other channels the complainant is pursuing,
including legal action (optional); and
d. A statement authorizing the Interpreter Commission to send a copy
of the complaint to the court that is the subject of the complaint.
Complaints filed with the Interpreter Commission should be sent to:
Washington State Interpreter Commission
c/o Interpreter Commission Staff
Administrative Office of the Courts
PO Box 41170
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Olympia, WA 98504-1170.
Or by contacting Robert W. Lichtenberg at 360-350-5373 by
telephone or via email to Robert.Lichtenberg@courts.wa.gov
3. Interpreter Commission Complaint Review
a. The Interpreter Commission shall determine whether the complaint
alleges facts that raise issues relating to the court’s compliance with
its LAP, federal civil rights laws, RCW 2.42 and/or 2.43 or court rules.
This determination shall be made within 10 business days of receiving
the complaint. The Interpreter Commission may request additional
information from the complainant if appropriate. If the Interpreter
Commission concludes that the complaint does not raise issues
relating compliance with the LAP, Title VI of the Civil Rights Act, RCW
2.42 and/or 2.43, the matter will be closed and the complainant will be
notified of the decision.
b. If the Interpreter Commission determines that the complaint may raise
possible compliance issues, the complaint shall be sent to the court
and a response requested. The Interpreter Commission ordinarily will
request the presiding judge of the court or their designee to respond
within 30 days.
c. If the response from the court establishes that the court is not out of
compliance with respect to the matters raised in the complaint, the
Interpreter Commission will close the matter.
If the court’s response does not clearly establish that it is operating in
compliance with the matters raised by the complaint, the Interpreter
Commission may appoint a fact-finder to investigate the issues raised
by the complaint and to report on the court’s response, if necessary.
The complaint, the court's response, and fact-finder’s report, if any,
shall be referred to the WA Supreme Court Interpreter Commission for
any further action deemed necessary by the Commission.
d. The person making the complaint will be notified promptly regarding
the conclusion of the Commission’s review.
III. PUBLIC NOTIFICATION AND EVALUATION OF LAP
A. LAP Approval & Notification
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The Jefferson County Superior Court’s copy of the LAP has been forwarded to
Washington State’s Administrative Office of the Courts Interpreter Program
Coordinator.
Copies of the Jefferson County Superior Court’s LAP shall be provided upon
request. In addition, the court shall post its LAP on its own website at:
www.co.jefferson.wa.us
B. Outreach and Communication of Plan
Jefferson County Superior Court shall inform the public of the existence of the
LAP and to this end, the court will collaborate with local bar associations, justice
partners and other relevant organizations to ensure distribution of information.
C. Annual Evaluation of the LAP
Jefferson County Superior Court will conduct an annual needs assessment to
determine whether changes to the LAP are needed.
This assessment will be done by reviewing various areas in which the court
provides language access services, taking into consideration, at a minimum, the
number of interpreters requested by language in the courts and the identification
of emerging changes in the languages spoken or signed within the court’s local
population as identified by any informational means or by other methods.
Elements of the assessment evaluation shall include:
• Number of LEP or D/HH/DB persons requesting court interpreters;
• Assessment of current language needs to determine if additional services or
translated materials should be provided;
• Assessing whether staff members adequately understand LAP policies and
procedures and how to carry them out;
• Gathering feedback from LEP, deaf and hearing-impaired communities
around the state; and
• Identification of challenges or trends your court is experiencing with
providing language access services.
Any revisions made to the Plan will be communicated to all court personnel, and
an updated version of the plan will be posted on the court’s web site. In addition,
the Jefferson County Superior Court will submit to the AOC a copy of any
updated information contained in this LAP within 60 days of its drafting and
approval by the Presiding Judge.
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D. Ideas for Future Improvements in Language Access [Optional]
Jefferson County Superior Court will review the results of its annual needs
assessment and conduct the following activities [Check all that apply]:
X Identify any challenges or trends your court is experiencing with providing
language access services, sourcing of interpreters, document translation
tasks, and website information that is accessible to LEP and D/HH/DB
individuals.
X Engage in collaborative efforts with other courts to improve and coordinate
interpreter scheduling where interpreter resources are shared.
X Identify and implement changes or improvements identified by your court to
improve language access services that are within the scope of this LAP
Other:
LAP Contact Person
State Contact: Local Contact:
Robert Lichtenberg Sophie C. Nordstrom
AOC Interpreter Program Jefferson County Superior Court Administrator
1206 Quince Street SE 1820 Jefferson Street
PO Box 41170 Port Townsend, WA. 98368
Olympia, WA 98504-1170 snordstrom@co.jefferson.wa.us
Robert.Lichtenberg@courts.wa.gov (360) 385-9395
(360) 350-5373