The Civil Rights Division of the U.S. Department of Justice issued a statement on August 16, 2010 on language access policies and practices to state courts which is directly relevant to recent Ling v. Georgia case being carefully watched in Georgia. http://www.lep.gov/final_courts_ltr_081610.pdf

Mandarin-speaking Annie Ling did not have an interpreter in Georgia courts to assist her during trial. Ling was sentenced ten years with five years probation. This is a continued area of concern for Asian Pacific American communities in the South. http://www.acluga.org/news/2010/06/07/defendants-with-limited-english-proficiency-have-a-constitutional-right-to-court-interpreters-says-aclu/

Assistant Attorney General Thomas Perez stated,

"Dispensing justice fairly, efficiently, and accurately is a cornerstone of the judiciary. Policies and practices that deny LEP persons meaningful access to the courts undermine that cornerstone. They may also place state courts in violation of long-standing civil rights requirements."

Four particular areas of concern highlighted by Assistant Attorney General Perez include:

• Limiting the types of proceedings for which qualified interpreter services are provided by the court
• Charging interpreter costs to one or more parties
• Restricting language services to courtrooms
• Failing to ensure effective communication with court-appointed or supervised personnel

Costs of interpreters was not a sufficient reason for restricting language access. Perez said, "Language services expenses should be treated as a basic and essential operating expense, not as an ancillary cost." Moreover, "budgeting adequate funds to ensure language access is fundamental to the business of the courts."

For more information about Ling v. Georgia:

• ACLU Georgia and Legal Aid Society - Employment Law Center (LAS–ELC) Press Release
  http://www.acluga.org/news/2010/06/07/defendants-with-limited-english-proficiency-have-a-constitutional-right-to-court-interpreters-says-aclu/
• Amicus Brief
  http://www.aclu.org/immigrants-rights/ling-v-state-georgia-amicus-brief