Navigating the complexities of the legal system is challenging for anyone, but for non-English speakers in California before 1976, it was an almost insurmountable barrier. Courts relied on ad-hoc solutions. Friends, family members, or community volunteers with varying levels of proficiency would step in to interpret. This often led to inaccuracies and misunderstandings, as these volunteers lacked the training and legal knowledge necessary to provide accurate translations. In some instances, children were even asked to interpret for their parents, placing them in highly inappropriate and stressful situations.
In response to growing advocacy, the California Legislature passed Assembly Bill 2400 in 1978, mandating that interpreters be provided in all criminal and juvenile court proceedings. AB 2400 was a significant step forward, recognizing the fundamental right of defendants to understand and participate in their own defense.
However, the legislation initially fell short in addressing the needs of non-English speakers in civil cases. Litigants facing eviction, seeking protective orders, or resolving family law disputes were still left without guaranteed language support. This gap highlighted the ongoing challenges in ensuring comprehensive language access across the legal system.
The California Language Access Plan (2017)
Recognizing these persistent gaps, California launched the California Language Access Plan in 2017. This plan aims to provide interpreters for all non-English speakers in all court cases, both criminal and civil.
Implementing the Language Access Plan has not been without its difficulties. California’s courts handle up to eight million cases annually, and finding enough trained interpreters to meet this demand has proven daunting. The certification process for court interpreters is rigorous, with only about 10% of candidates passing the state examination. This high standard is necessary, given the complexity of legal language and the need for precise and accurate interpretation.
Ongoing Challenges and Innovations
The quest for language access is a continuous journey. California now has about 2,000 qualified court interpreters, but the demand far exceeds supply. To address this, some courts are piloting live video feed interpretation for short hearings, which, if successful, could be expanded statewide. However, interpreters have raised concerns about the limitations of remote interpreting, emphasizing the importance of being physically present to capture nuances and ensure effective communication.
The California Court Interpreter Workforce Pilot Program (2024)
Most recently, the 2023 Budget Act created the California Court Interpreter Workforce Pilot Program, dedicating $6.8 million to increase the number of credentialed court interpreters. Starting July 1, 2024, this pilot program will run through June 30, 2029, and aims to train and certify new interpreters by reimbursing training costs and exam fees. Participants must commit to working in California courts for at least three years after certification.
The pilot will include major courts like Los Angeles Superior Court and at least three others, targeting languages with the highest demand, including Spanish, Vietnamese, Korean, and American Sign Language. The program will provide training recommendations and reimburse expenses for up to three exams, helping participants become qualified interpreters. This initiative aims to fill existing vacancies and potentially create new interpreter positions, addressing the critical need for language access in the justice system.
Conclusion
The journey to guaranteed court interpreters in California has been long and complex, marked by significant legal battles and legislative milestones. The state has made commendable progress in ensuring justice for all.
At Kaplan Interpreting Services, we are committed to supporting this mission. Our team of professional interpreters provides accurate, reliable, and culturally sensitive interpretation services. We believe that language should never be a barrier to justice, and we are here to help bridge the gap.
As we continue to advocate for language access, we invite you to join us in our mission. Whether you need interpreting services or wish to learn more about our work, contact Kaplan Interpreting Services today. Together, we can ensure that every voice is heard, and every individual receives the justice they deserve.
