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Navigating the legal system can be challenging, especially if English is not your primary language. Understanding your language access rights is crucial when you’re involved in a civil court proceeding. This blog post provides essential information to help you understand these rights and how to access an interpreter if needed.
Basic Terminology
Understanding the difference between an interpreter and a translator is fundamental. An interpreter translates verbal messages from one language to another, facilitating real-time communication. In contrast, a translator works with written messages and documents, ensuring they are accurately converted from one language to another.
Who is Entitled to an Interpreter?
In civil court, any person who does not understand or communicate in English is entitled to an interpreter. This right extends even to those who speak a little English but are not comfortable using it in legal proceedings. Ensuring effective communication is key to fair legal representation and justice.
Your Right to Language Access
Yes, you have a right to language access in civil court. To enforce this right, it’s important to be aware of it. Your right to language access is protected under Title VI of the Civil Rights Act of 1964. The Department of Justice provides guidance to agencies receiving federal financial assistance, including court systems, to prevent national origin discrimination. This includes ensuring that limited English proficient (LEP) persons have meaningful access to court services. LEP individuals are those who either do not speak English at all or speak limited English and are not fully comfortable with it.
Is the Right to Language Access Automatic?
Let’s explore two scenarios to clarify when the court must provide an interpreter:
- Filing a Motion: If an individual or party to the proceeding does not speak or communicate in English and is LEP, the court must appoint a court interpreter if a motion for the appointment is filed by a party or witness. This means anyone involved in the suit can request an interpreter, and the court is obligated to provide one.
- Court’s Initiative: If no motion is filed, the court still has the discretion to appoint an interpreter on its own initiative. While the court is not required to do so without a motion, it has the authority to provide an interpreter to ensure fair proceedings.
Cost of an Interpreter
Is having an interpreter free in a civil court proceeding? According to the Texas Government Code Section 57.002, any party to the proceeding who files a statement of inability to afford payment of court costs is not required to pay for an interpreter. This statement, derived from Rule 145 of the Texas Rules of Civil Procedure, ensures that those who cannot afford court costs can still access essential language services. As long as the form is filled out and filed with the court, the party will not bear the cost associated with the interpreter.
Resources
Understanding your right to language access in civil court is vital to ensuring fair treatment and justice. If you or someone you know needs an interpreter for a civil court proceeding, remember that this right is protected and there are steps you can take to access these services. For more information and assistance, reach out to Lone Star Legal Aid at 1-800-733-8394.
Statement of Inability to Afford Payment of Court Costs
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media contact: media@lonestarlegal.org
