High above the entrance to the U.S. Supreme Court building, an inscription reads “Equal Justice Under Law”. While this motto is indeed the cornerstone of our legal system, the concept of equal justice is often a foreign one to people with limited proficiency in English (LEP individuals).
In memo released in mid-August by the U.S. Attorney General and the Department of Justice, federal agencies were reminded of their obligation to ensure that all federally conducted and assisted programs are accessible to LEP individuals in accordance with Executive Order 13166. More specifically, the agencies were reminded of their responsibility to provide interpreters to people who need them, at no cost, in all types of court proceedings. This includes arraignments, hearings, trials, interviews with legal counsel, and other proceedings.
Following is a recap of the most Frequently Asked Questions as they relate to the Attorney General’s memo.
Why must my agency designate a primary contact person for service to limited English proficient persons?
Each federal agency is required to appoint a language access coordinator who is responsible for developing and implementing a language access plan and ensuring that LEP individuals have meaningful access to agency services. This person should report to someone on a senior level.
What are my agency’s responsibilities with respect to providing Federal Financial Assistance?
Any federal agency providing federal financial assistance must ensure that their programs are also easily understood and made available to LEP persons. Such Federal assistance can include grants and loans of federal funds, donations of federal property, or training. Federal agencies must ensure that recipients of Federal assistance acknowledge and agree with all terms of compliance, all applicable laws and other conditions.
Can my agency partner with other federal agencies, field or district offices to provide language assistance services?
Yes. Establishing agreements with other agencies can be a cost-effective way to approach language assistance services. Many federal agencies contract with language translation agencies, such as Northwest Interpreters, Inc. for this very reason.
Why is it important to have a Language Access Implementation Plan in place?
A language access plan is designed to help each agency understand and overcome the language barriers for LEP individuals. By understanding such barriers, agencies are better able to meet the translation needs of their publics.
Why is it important to update my agency’s Language Access Implementation Plan?
Federal agencies have been asked to evaluate their response to LEP needs by conducting a survey of the languages most frequently encountered and identifying the most commonly used channels of communications with members of the LEP community – such as by phone, in person, or via the web. Agencies may then find it necessary to update their operations to better serve the language needs of the LEP community.
What are resources that might be helpful in creating, modifying, or updating a Federal agency’s Language Access Implementation Plan, Policy Directives or Procedures?
Federal agency Language Access Plans, Department of Justice guidance documents and other resources can be found online at http://www.lep.gov.
A complete copy of the Attorney General’s memorandum can be found online at http://www.lep.gov/resources/081511_Language_Access_CAQ_TA_Guidance.pdf
