Wisconsin emerging as leader in interpreter services

Chief Judge Richard S. Brown

Wisconsin was recently recognized in a national study as a leader among states in addressing the needs of people with limited English skills who are involved in civil cases.

In a report criticizing the lack of interpreters in civil cases for those with limited proficiency in English, the Brennan Center for Justice called for all states to follow the lead of Wisconsin and nine other states. 

The report, which captured the attention of The New York Times, mentioned Wisconsin several times as an example of a state judicial system that appoints and pays for interpreters in civil cases without a means test. 

The report underscored that such a policy is required under Title VI of the Civil Rights Act, and is now a required prerequisite for grants to state courts to improve courts generally, such as grants to implement drug courts. 

To date, in the 35 states with the most immigrants, 46 percent do not require interpreters in all cases, 80 percent do not always pay for services and 37 percent do not have an interpreter qualification program. 

The Times interviewed and quoted Wisconsin Court of Appeals Chief Judge Richard S. Brown about the great importance of this issue to individuals and families.

"Civil cases can involve denial of constitutional property rights, termination of parental rights, statutory rights to be free of harassment and stalking, consumer transactions, foreclosures and a host of other matters.  If a person cannot understand what is happening in a courtroom proceeding, an unfair result might occur.  And that is contradictory to what we want our courts to do: administer justice, fairly and impartially."

Brown told the newspaper that the United States is a better country because it now is acknowledging what was not acknowledged during the 19th and early 20th centuries.

"I wonder aloud how many immigrants from the 1840s to the 1920s lost their liberty, lost their homes, their livelihood, all because they could not yet understand the English language to the fullest," Brown said.

Recent academic studies are finding language barriers negatively affected justice during those years.  They draw, as it happens, on evidence including an early Wisconsin Supreme Court decision involving Yankees who swindled immigrants who did not speak English, Brown said.

The Brennan report emphasized how practices in Wisconsin are changing the landscape in the 21st century.  The report favorably commented on how Wisconsin has in place a language access plan whereby, every two years, it tracks the number of people receiving interpreters and the need for additional services or translated materials.

The Brennan Center also observed that Wisconsin assesses whether court staffers are familiar with applicable language access policies, and solicits feedback from community groups and individuals and encourages circuit courts to create their own language access plans.

Recognition by the Brennan Center reflects the work of judges across the state, said Wisconsin Court Interpreter Program Manager Carmel Capati. There is still much work to be done, but Wisconsin has come a long way in the last 10 years, Capati said.

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