During a keynote speech at Seattle University School of Law’s conference in March 2024, then director of the Justice Department’s Office for Access to Justice, Rachel Rossi, proclaimed that “Access to justice means language justice.”
She was emphasizing the moral and legal burden U.S. courts have to enable everyone with a legal challenge to access the courts in a language they’re proficient in.
Is the United States court system meeting this burden?
Recent surveys reveal a mixed picture. The National Center for State Courts (NCSC) found that 93% of state courts report improvements in language access over the past five years, particularly in raising awareness of the need for such services. However, the NCSC also identifies ongoing challenges, including:
- Lack of interpreters in civil cases: Many courts fail to provide interpreters for civil cases, limiting access to justice for those seeking legal recourse in family law, housing disputes, and other critical matters.
- Limited interpretation services outside the courtroom: Language assistance is often unavailable for essential interactions like meetings with attorneys or understanding court documents.
- Inadequate training for interpreters: Interpreters may lack specialized training to support victims of domestic violence, sexual assault, or other sensitive cases.
The Brennan Center for Justice paints a more concerning picture.
Their research reveals that nearly half of the courts studied don’t require interpreters in all civil cases, and many fail to guarantee court-funded interpretation or the use of qualified interpreters.
The Consequences of Language Barriers
- Reduced ability to defend oneself: Defendants with limited English proficiency may struggle to understand charges, communicate with their attorneys, and participate in their defense, potentially leading to unjust outcomes.
- Obstacles to pursuing justice: Civil litigants may face difficulties presenting their cases, understanding legal options, and accessing remedies.
- Unreported injustices: Victims of crime, particularly those who have experienced trauma, may be unable to report incidents or access support services due to language barriers.
- Challenges for asylum seekers: Asylum seekers, often fleeing persecution and trauma, must navigate a complex legal process in a language they may not understand, jeopardizing their chances of obtaining protection.
As long as language access remains uneven in state courts, millions of Americans will remain underserved by the justice system.
Defendants will be less capable of defending their cases. Civil litigants will be hampered in their pursuit of justice.
And perhaps most importantly, countless injustices will continue unchecked because those harmed—from victims of financial crimes to those living through domestic violence and sexual abuse—simply can’t access the system that’s designed to save them.
In the meantime, however, Rossi is right: without language access, there is no access to the U.S. system of justice.
As courts struggle to provide language services, they’re also failing to protect the civil rights of the 30 million Americans who lack English proficiency.
Language access is not merely a matter of convenience; it is a fundamental right. Until U.S. courts fully address the language needs of LEP individuals, the promise of equal justice for all will remain unfulfilled.
By prioritizing language access, we can ensure that everyone has the opportunity to understand their rights, participate in legal proceedings, and seek justice.