Statutory changes ensure equal access to justice for non-English speakers

By Carmel Capati, Interpreter Program manager

While the 2007-09 state budget may have been overdue by four months, the Committee to Improve Interpretation and Translation in the Wisconsin Courts has been waiting almost eight years to change the law governing how courts provide interpreters.

Within the Governor's budget bill, Wis. Stat. 885.38 was amended to require circuit courts to appoint spoken language interpreters at public expense in any kind of case once the court makes a determination the person has limited English proficiency.  In the past, courts were only required to appoint interpreters for criminal, juvenile, CHIPS, guardianship, and commitment cases. Appointment of interpreters in other cases was inconsistent and resulted in unqualified family members or friends acting as interpreters and general confusion as to whose responsibility it was to provide interpreters in civil cases. The greatest impact of change is expected to be in family, traffic, and small claims cases.

This statutory modification is both a necessary response to the rapid demographic changes of this state and a testament to the tenacity of Chief Justice Shirley S. Abrahamson and members of the Interpretation Committee, chaired by Judge Elsa C. Lamelas from 1999-2006. For the past four budget cycles, these statutory changes were included in the courts’ budget request. This goal was a joint effort supported by judges, court commissioners, clerks of court, district attorneys, public defenders, law enforcement officers, district court administrators, domestic violence advocates, legal aid attorneys, victim/witness staff, community activists, county boards, and interpreters around the state. All these individuals provided written and oral testimony to members of the joint finance committee to help them understand the reliance on quality interpretation services in the courts.

A role reversal
To emphasize the language barriers non-English families face in court, a creative approach was used at a public hearing in Rhinelander by Judge Gary Carlson (Taylor County), Clerk of Court Diane Sennholz (Marathon County), and certified Spanish interpreter Saul Arteaga. The three engaged members of the joint finance committee in a brief courtroom scenario in which Artega played the role of a judge. Carlson directed the committee to envision themselves traveling in a Spanish-speaking country where they found themselves in the unfortunate position of being in a courtroom as a party—perhaps, because of a speeding ticket, a crime, or an issue with a hotel.

Joint finance committee members were introduced to Juez Arteaga (Judge Arteaga), who called the case, explained the nature of the proceeding, stated appearances, and performed other routine matters judges initially do to begin a case—in Spanish.  Judge Carlson said committee members stared back open-mouthed unable to understand a word.  After about a minute of Arteaga’s rendition, Judge Carlson interrupted him and told members this scenario was exactly the situation many people in our courts are faced with every day, whether they are Hispanic, Hmong, or Chinese. Two committee members later told Carlson it was an impressive display of real-world implications, since the things people talk about at hearings don't always translate (pun intended) effectively to legislators.

Good news for counties…
The new law regarding interpreters went into effect October 27.  The provision allowing the court to appoint an interpreter at public expense regardless of indigency is good news for counties, which will now receive state reimbursement for more interpreter expenses. The ability for counties to receive reimbursement for all cases, not just indigent cases, is a huge step forward for courts because it relieves pressure on judges within the counties to order the county to pay.

…and for judges
The Committee to Improve Interpretation and Translation is now under the leadership of Judge Ralph M. Ramirez of Waukesha County, replacing outgoing chair Judge Richard S. Brown who presided over his last committee meeting in October. Brown called this change in the law a fantastic "going away" present for him and "icing on the cake for all past committee members who hoped that this day would finally arrive."

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