Legal Requirements
Legal Requirements
Federal Requirements
Title VI of the Civil Rights Act of 1964 requires entities receiving federal assistance to make sure those individuals who are limited English proficient (LEP) are able to fully and equally participate in or benefit from their programs and activities. How does this affect the courts? Courts must ensure that LEP parties and witnesses receive competent language services. Since OSCA only receives funds to pay for interpreter/translator services during criminal and juvenile court proceedings, services for non-criminal proceedings must be funded by the county or some other funding source the court has available.
State and local laws may provide additional obligations to serve LEP individuals, but cannot compel recipients of federal financial assistance to violate Title VI. For instance, given our constitutional structure, state or local "English-only" laws do not relieve an entity that receives federal funding from its responsibilities under federal anti-discrimination laws. Entities in states and localities with "English-only" laws are certainly not required to accept federal funding – but if they do, they have to comply with Title VI, including its prohibition against national origin discrimination by recipients of federal assistance. Failing to make federally assisted programs and activities accessible to individuals who are LEP will violate Title VI.
The U.S. Department of Justice investigates and litigates Civil Rights Act complaints and they have issued numerous directives to courts. In addition, the government has a website dedicated to providing services for the LEP population. These websites provide information about how to create an LEP Plan and other requirements.
→ Posting this notice informs the public about the availability of interpreters
Constitutional Requirements
There is the constitutional right to due process and equal protection (14th amendment) and the right "be present" at all stages of a trial (6th amendment).
Missouri Statutes Applying to Language Interpreters/Translators
Section 474.382 RSMo states, "All wills and estates shall have an official English translation to ensure the accurate execution of such documents. If no such translation is provided at the time of probate, the court with jurisdiction shall make such arrangements as necessary to create an English translation. The reasonable costs associated with document translation shall be reimbursed from the estate or trust or both, as provided in the trust agreement, testamentary document, or as allocated by the court."
Section 490.630 RSMo states, "Whenever any written evidence in a cause shall be in language other than English, a written translation thereof into the English language, made by a competent translator, and verified by his affidavit, may be read in evidence instead of the original, if such original be competent evidence."
Section 476.800, RSMo Definitions
476.800. As used in sections 476.800 to 476.806, the following terms mean:
1. "Appointing authority," any court required to provide an interpreter;
2. "Court proceeding," any proceeding before a court of record;
3. "Non-English speaking person," any person involved in a legal proceeding who cannot readily speak or understand the English language, but does not include persons who are deaf or have a hearing disability;
4. "Qualified interpreter," an impartial and unbiased person who is readily able to render a complete and accurate interpretation or translation of spoken and written English for non-English speaking persons and of non-English oral or written statements into spoken English.
Section 476.803, RSMo. Appointment of interpreters and translators, when--waiver, when--oath required.
1. The courts shall appoint qualified interpreters and translators in all legal proceedings in which the non-English speaking person is a party or a witness.
2. Any non-English speaking party or any party who intends to call a non-English speaking witness shall provide such prior notice to the court of the need for an interpreter or translator as may be required by court rules.
3. The appointing authority shall appoint a qualified interpreter to assist the non-English speaking parent, guardian, or custodian of a juvenile brought before the court.
4. The court may accept a waiver of the right to a qualified interpreter by a non-English speaking person at any point in the court proceeding if the court advises the person of the nature and effect of the waiver and determines that the waiver has been made knowingly, intelligently, and voluntarily. The non-English speaking person may retract his or her waiver and request that a qualified interpreter shall be appointed.
5. An interpreter shall take an oath that he or she will make a true interpretation to the party or witness in a language that the party or witness understands and that he or she will make a true interpretation of the party or witness' answers to questions to counsel, court, or jury, in the English language, with his or her best skill and judgment. The interpreter shall not give explanations or legal advice or express personal opinions.
6. An interpreter or translator cannot be compelled to testify as to the information that would otherwise be protected by attorney-client privilege as between the party and his or her attorney.
Section 476.806, RSMo. Fee for service, amount, paid by whom.
1. Interpreters and translators in civil, juvenile, and criminal proceedings shall be allowed a reasonable fee approved by the court and necessary travel expenses not to exceed state rates. Interpreters shall not be compensated for travel time.
2. If the person requiring an interpreter or translator during the proceeding is a party to or a witness in any criminal proceeding, such fees and expenses shall be payable by the state from funds appropriated for such purpose.
3. In all cases not included in subsection 2 of this section, such fees and expenses may be taxed as costs by the court to the parties. Prior to any proceeding requiring an interpreter or translator, the court may order either party, or both, to deposit money with the court in an amount reasonably necessary to cover such fees and expenses. Upon disposition of the proceeding the court may order such costs paid from such deposit and shall return any portion of the deposit not used for such court costs to the parties.
NOTE: Section 476.806.3 may conflict with U.S. Dept. of Justice guidance and the Executive Order regarding Title VI of the Civil Rights Act that requires recipients of federal assistance to ensure their programs are accessible to limited English proficient persons. Please review carefully when making your decision.
Federal Requirements
Title VI of the Civil Rights Act of 1964 requires entities receiving federal assistance to make sure those individuals who are limited English proficient (LEP) are able to fully and equally participate in or benefit from their programs and activities. How does this affect the courts? Courts must ensure that LEP parties and witnesses receive competent language services. Since OSCA only receives funds to pay for interpreter/translator services during criminal and juvenile court proceedings, services for non-criminal proceedings must be funded by the county or some other funding source the court has available.
State and local laws may provide additional obligations to serve LEP individuals, but cannot compel recipients of federal financial assistance to violate Title VI. For instance, given our constitutional structure, state or local "English-only" laws do not relieve an entity that receives federal funding from its responsibilities under federal anti-discrimination laws. Entities in states and localities with "English-only" laws are certainly not required to accept federal funding – but if they do, they have to comply with Title VI, including its prohibition against national origin discrimination by recipients of federal assistance. Failing to make federally assisted programs and activities accessible to individuals who are LEP will violate Title VI.
The U.S. Department of Justice investigates and litigates Civil Rights Act complaints and they have issued numerous directives to courts. In addition, the government has a website dedicated to providing services for the LEP population. These websites provide information about how to create an LEP Plan and other requirements.
- U.S. Department of Justice Memo to Federal Agency Civil Rights Directors and General Counsels (2009)
→ Posting this notice informs the public about the availability of interpreters
Constitutional Requirements
There is the constitutional right to due process and equal protection (14th amendment) and the right "be present" at all stages of a trial (6th amendment).
Missouri Statutes Applying to Language Interpreters/Translators
Section 474.382 RSMo states, "All wills and estates shall have an official English translation to ensure the accurate execution of such documents. If no such translation is provided at the time of probate, the court with jurisdiction shall make such arrangements as necessary to create an English translation. The reasonable costs associated with document translation shall be reimbursed from the estate or trust or both, as provided in the trust agreement, testamentary document, or as allocated by the court."
Section 490.630 RSMo states, "Whenever any written evidence in a cause shall be in language other than English, a written translation thereof into the English language, made by a competent translator, and verified by his affidavit, may be read in evidence instead of the original, if such original be competent evidence."
Section 476.800, RSMo Definitions
476.800. As used in sections 476.800 to 476.806, the following terms mean:
1. "Appointing authority," any court required to provide an interpreter;
2. "Court proceeding," any proceeding before a court of record;
3. "Non-English speaking person," any person involved in a legal proceeding who cannot readily speak or understand the English language, but does not include persons who are deaf or have a hearing disability;
4. "Qualified interpreter," an impartial and unbiased person who is readily able to render a complete and accurate interpretation or translation of spoken and written English for non-English speaking persons and of non-English oral or written statements into spoken English.
Section 476.803, RSMo. Appointment of interpreters and translators, when--waiver, when--oath required.
1. The courts shall appoint qualified interpreters and translators in all legal proceedings in which the non-English speaking person is a party or a witness.
2. Any non-English speaking party or any party who intends to call a non-English speaking witness shall provide such prior notice to the court of the need for an interpreter or translator as may be required by court rules.
3. The appointing authority shall appoint a qualified interpreter to assist the non-English speaking parent, guardian, or custodian of a juvenile brought before the court.
4. The court may accept a waiver of the right to a qualified interpreter by a non-English speaking person at any point in the court proceeding if the court advises the person of the nature and effect of the waiver and determines that the waiver has been made knowingly, intelligently, and voluntarily. The non-English speaking person may retract his or her waiver and request that a qualified interpreter shall be appointed.
5. An interpreter shall take an oath that he or she will make a true interpretation to the party or witness in a language that the party or witness understands and that he or she will make a true interpretation of the party or witness' answers to questions to counsel, court, or jury, in the English language, with his or her best skill and judgment. The interpreter shall not give explanations or legal advice or express personal opinions.
6. An interpreter or translator cannot be compelled to testify as to the information that would otherwise be protected by attorney-client privilege as between the party and his or her attorney.
Section 476.806, RSMo. Fee for service, amount, paid by whom.
1. Interpreters and translators in civil, juvenile, and criminal proceedings shall be allowed a reasonable fee approved by the court and necessary travel expenses not to exceed state rates. Interpreters shall not be compensated for travel time.
2. If the person requiring an interpreter or translator during the proceeding is a party to or a witness in any criminal proceeding, such fees and expenses shall be payable by the state from funds appropriated for such purpose.
3. In all cases not included in subsection 2 of this section, such fees and expenses may be taxed as costs by the court to the parties. Prior to any proceeding requiring an interpreter or translator, the court may order either party, or both, to deposit money with the court in an amount reasonably necessary to cover such fees and expenses. Upon disposition of the proceeding the court may order such costs paid from such deposit and shall return any portion of the deposit not used for such court costs to the parties.
NOTE: Section 476.806.3 may conflict with U.S. Dept. of Justice guidance and the Executive Order regarding Title VI of the Civil Rights Act that requires recipients of federal assistance to ensure their programs are accessible to limited English proficient persons. Please review carefully when making your decision.