Good afternoon, Members of the Access to Justice Community, The Connecticut Judicial Branch s Access to Justice Commission was established by Chief

Transcription

1 Good afternoon, Members of the Access to Justice Community, The Connecticut Judicial Branch s Access to Justice Commission was established by Chief Justice Chase T. Rogers in 2010 to continue the work of the Public Service and Trust Commission, which established a core group of five outcome goals: increasing access to justice for all people; responding to changing demographics; improving the delivery of services; collaboration with all stakeholders; and ensuring accountability the public. The Judicial Branch is dedicated to ensuring that all people, regardless of disability, income level, cultural and language background, have equal access to justice. To that end, the Branch s Limited English Proficiency Committee has helped the Branch to become a national leader in the quality of and accessibility to language services for the millions of people who interact with the Branch each year. To help ensure that people with limited English proficiency are appropriately served in the Judicial Branch, Chief Justice Rogers authorized the creation of an online mandatory training program for Judicial Branch staff on the Branch s policies, procedures, and protocols that are in place to ensure court users are provided with language assistance services. This mandatory training was previously given at regularly scheduled in person training sessions. The Access to Justice Commission is committed to helping ensure that all people have access to our programs, processes, and services, and is proud to offer to share this online training with other court systems with the country. Attached is a document which contains copies of slides of the online training. Some of the attached slides are difficult to read because the live version contains superimposed text. However, the script and talking points are under each slide. In these lean budget times and that is true across the country the justice community may well want to consider the benefits of sharing training that has common elements, such as federal regulations that apply to all of us. We would encourage our fellow ATJCs to review the training, and see if you may benefit from some or all of it in developing your own training. We can make the actual online version of the training available to other states upon request. Should you want to obtain a copy of the online training, or have any questions about the training, please feel free to reach out to Project Management & Administration Unit Deputy Director Attorney Richard Loffredo or ITS Manager Alejandra Donath at (860) Sincerely, Judge Maria A. Kahn and Judge Ingrid L. Moll Co-Chairs The Connecticut Judicial Branch Access to Justice Commission

2 LEP: Why It s Important to You - Module 1 1. Welcome 1.1 LEP: Why It s Important to You Welcome to the LEP: Why It s Important to You online course. Click Start to begin.

3 Closed Caption (Slide Layer) 1.2 Welcome Qué es LEP? Durante la sesión utilizaré las siglas LEP que provienen del término Limited English Proficiency que en español se traduce como dominio limitado del inglés. En este cursillo se le proporcionará la base, iniciativas y logística empleadas en la actualidad con el fin de comprender y trabajar con aquellos individuos que tienen una capacidad limitada para leer, escribir o entender el idioma inglés. La participación en este cursillo es de carácter obligatorio para todos los empleados de la Rama Judicial. Did you understand the audio you just heard? How did you feel while listening to the speaker? Did you feel lost or confused? Do you think you could interpret any part of what was said?

4 This is what it is like for individuals who enter Judicial Branch facilities and do not speak, write, read or understand English. These individuals are considered to be individuals who are Limited English Proficient, or LEP. Now listen to what was said in English What is LEP? LEP stand for Limited English Proficiency. This course provides the foundation, current initiatives and logistics for understanding and working with individuals who have a limited ability to read, speak, write and understand the English language. This course is a mandated program for all Judicial Branch employees. Closed Caption (Slide Layer) 1.3 Course Guideline

5 This course is broken up into three sections with submenus in each section. You will start with the Limited English Proficiency section. The buttons to the other sections will be locked and unavailable until you finish each section. You will use the next button to go to the next screen. This course contains audio. The closed caption button is available to display the audio text. There are videos within the course that will have a pause/play button that you can use at any time to pause or stop the video when needed. You can exit the course at any time. There is a bookmarking feature that allows you to begin the course where you left off or you can start the program from the beginning. You can complete this course in one sitting or in multiple sittings within 6 months of starting the course. Closed Caption (Slide Layer)

6 1.4 Course Purpose & Objectives The purpose of this program is to make you aware of the civil rights of individuals who are LEP and to advise you of Judicial Branch policies, procedures and protocols implemented to ensure that members of the public who are LEP are provided with language assistance services. By the end of this program you will understand what LEP is, the difference between someone who speaks another language and an interpreter and how to access services 24 hours a day 7 days a week in the course of your day to day responsibilities.

7 Closed Caption (Slide Layer) 2. Limited English Proficiency 2.1 Menu Screen

8 LEP Info (Slide Layer) 2.2 End of Section The purpose of this program is to make you aware of the civil rights of individuals who are LEP and to advise you of Judicial Branch policies, procedures and protocols implemented to ensure that members of the public who are LEP are

9 provided with language assistance services. By the end of this program you will understand what LEP is, the difference between someone who speaks another language and an interpreter and how to access services 24 hours a day 7 days a week in the course of your day to day responsibilities. Closed Caption (Slide Layer) 2.3 Advanced Organizer

10 LEP is an acronym for Limited English Proficient or Limited English Proficiency. The term LEP stands for Limited English Proficient or Proficiency and means that an individual s native language is not English and that the individual has difficulty reading, writing, speaking or understanding the English language. LEP is important because it is linked to civil rights and non-discrimination initiatives. Compliance with federal regulations regarding LEP is tied to funding received from the United States Department of Justice. Non-compliance with the regulations is a form of discrimination. Closed Caption (Slide Layer)

11 2.4 Purpose This section offers a foundational understanding of the Federal laws and regulations that govern the Judicial Branch s obligations to its LEP stakeholders. This information will make it easy for you to comply with the regulations that the Judicial Branch must adhere to. Closed Caption (Slide Layer)

12 2.5 Section Menu LEP Defination (Slide Layer)

13 Access to Oral Services (Slide Layer) Policies & Procedures (Slide Layer)

14 Language Assistance Plan (Slide Layer) 2.6 Protected Class By federal definition, an individual whose primary language is NOT English, and who has difficulty reading, writing, speaking or understanding English, meets the criteria for LEP and is qualified for language assistance services. The degree of difficulty is of no consequence; it only matters that the person s primary language is not English and that the individual is not fully proficient in the English language. Individuals who are LEP are federally protected under the protected class of National Origin. This group was recognized as a protected class in the Civil Rights Act of 1964.

15 Closed Caption (Slide Layer) 2.7 Fundamental Fairness National Origin was recognized as a protected class in the Civil Rights Act of It was clear that discrimination based on National Origin would not be tolerated in employment practices, the delivery of services, and infrastructure development.

16 However, discrimination based on language did not come into public awareness until 1970 when state and federal court opinions recognized that fundamental fairness required that every participant in a court proceeding be able to understand and communicate effectively. It is important to note that effective communication is not just words but also includes voice, tone, gestures, and actions. Closed Caption (Slide Layer) 2.8 Fundamental Fairness

17 In 1978 the Court Interpreters Act was established to formally extend justice to the linguistically disadvantaged. This act held that the right to an interpreter was protected under the United States Constitution. It also established a certification program for interpreters who worked in bilingual proceedings. And finally, it required that language assistance services be provided free of charge to individuals who were LEP. An Executive Order was signed in 2000 recognizing Limited English Proficiency as part of the protected class of National Origin and therefore protected by the Civil Rights Act of 1964 and associated non-discrimination laws. In the following video, a general overview of Title VI of the Civil Rights Act of 1964 is provided. Title VI includes the protected classes of Race, Color, and National Origin. Closed Caption (Slide Layer)

18 2.9 USDOJ Video Closed Caption (Slide Layer)

19 2.10 Avoid Discrimination Agencies must comply with specific Department of Justice regulations to avoid discriminating against the classes protected under Title VI. The video narrator emphasized the need to take reasonable steps to ensure meaningful access free of charge. The next video clip is specific to National Origin. Please note the interaction between a police officer and a member of the public. Pay careful attention to the officer s words, voice, tone, gestures and actions.

20 Closed Caption (Slide Layer) 2.11 National Origin

21 Closed Caption (Slide Layer) 2.12 National Origin LEP Video Review Let s review that interaction. It appears that Mrs. Shwan Wi was distressed. What are the indicators of her distress? (rate of speech, increasing inflection, gestures) The officer in the video used several strategies to communicate. After greeting the complainant and realizing she did not speak English, he: 1. Talked louder as if Mrs. Shwan Wi had a hearing impediment

22 2. Spoke slower as if she had a comprehension problem 3. Used the universal hand signal for stop which many people consider dismissive, 4. Wrote in large letters on paper as if she had a vision impairment 5. Folded the note and placed it in Mrs. Shwan Wi s hand despite her reluctance to take it, and 6. Took Mrs. Shwan Wi by the elbow and turned her to the door, despite her confused look and reluctance to depart Although the officer meant well, his strategies were unsuccessful. And while we know that these are actors working from a script, the scenario emphasized how communication with non-english speakers can become problematic very quickly. Now watch the same scenario with proper compliance demonstrated. Closed Caption (Slide Layer)

23 2.13 LEP Defination Closed Caption (Slide Layer)

24 2.14 Access to Oral Services Some of the successful strategies used in the last video will be reviewed a little later in the program but let s focus on meaningful access first. To avoid discrimination, the Judicial Branch must meet two specific requirements: 1. take reasonable steps to provide meaningful access to programs, services and information free of charge AND 2. establish and implement policies and procedures for language assistance services to LEP persons. The narrator in the video referenced a 4-part assessment that each state had to complete to determine the needs of its LEP communities. Each state also had to develop a Language Access Plan to meet the needs acknowledged in the assessment.

25 Closed Caption (Slide Layer) 2.15 Access to Oral Services In 2009, both of these requirements were met when the Judicial Branch completed its assessment and implemented policy and procedures for providing language services to LEP individuals. In the course of the assessment, it became clear that language assistance within the Judicial Branch was most frequently requested for Spanish (89% of requests), Polish (3% of requests) and Portuguese (3% of requests). These three languages comprised 95% of all requests for language assistance services. This resulted in the determination

26 that Spanish, Polish, and Portuguese would become the base of translated materials. The Language Access Plan is now available in four languages (English, Spanish, Polish and Portuguese) on the Judicial Branch Internet website for staff and members of the public alike to read for themselves. Closed Caption (Slide Layer) 2.16 Access to Oral Services

27 Meaningful access as a concept is broader than an assessment and development of policies. However, meaningful access is critical to compliance and non-discrimination, and generally means accurate, timely and effective communication. How do you define meaningful access within your role in the Judicial Branch? Consider the following questions as a guide. Think about these questions in terms of what you do on a daily basis: When you encounter LEP individuals, are they given adequate or the same information you would give to English speaking persons? Do you cut corners or give abbreviated answers to individuals who do not speak English? Do you find yourself resorting to gestures and miming to get the information across a communication gap? Closed Caption (Slide Layer)

28 2.17 Access to Oral Services Are LEP individuals able to understand the services and benefits available? If printed information is given to English speakers, what is given to non-english speakers and are they able to understand it? Closed Caption (Slide Layer)

29 2.18 Access to Oral Services Are the LEP individuals able to receive the services and benefits for which they are eligible? Suppose an LEP individual must comply with a particular service or program and has been given that information in his/her native language. Are those services available in that individual s native language in their locale? Closed Caption (Slide Layer)

30 2.19 Access to Oral Services Can LEP individuals effectively communicate the relevant circumstances of their situations? When assessing or interviewing someone who is LEP, do you request or require fewer details because of a language barrier? Closed Caption (Slide Layer)

31 2.20 Access to Oral Services There are two types of language assistance services: 1. Oral or Interpretation, and 2. Written or Translation Oral language assistance is what happens when an interpreter is called to assist with communication. Written language assistance is what occurs when a form or papers required for a court file must be converted into English. The Judicial Branch provides oral language assistance services to staff interacting with members of the public, 24 hours a day, 7 days per week, in Judicial Branch facilities. Additional provisions ensure that oral language assistance services are available to those working in the field. This means that oral language assistance services are available not only to Judges and Magistrates, but also to Clerk s offices, Probation staff, Jury personnel, Bail Commissioners, Judicial Marshals, Victim Services staff, External Affairs personnel, and every other employee of the Connecticut Judicial Branch. Accessing these services will be described a little later in the program.

32 Closed Caption (Slide Layer) 2.21 Access to Oral Services Federal regulations provide a concept called Safe Harbor which recognizes the challenges presented to states with multiple LEP communities. The concept of safe harbor is that if an LEP community does not meet a particular mathematical threshold within a given population, forms that are considered vital will be translated free of charge upon request. Most of the Judicial Branch s vital documents have been or will be translated into Spanish, Polish and Portuguese. Safe Harbor means that these same documents may be requested for translation into additional languages free of

33 charge upon request from or for an LEP individual. Closed Caption (Slide Layer) 2.22 Language Access Plan The DOJ video referenced a requirement that every state conduct a 4-part assessment and develop a 5-part Language Access Plan.

34 The Judicial Branch s Language Access Plan, or LAP, includes the Policy Statement, internal resources, contracted (vendor) services, instructions for requesting services, available printed information, information on training programs, and contact information. It is reviewed at least every 2 years with revisions made as necessary. Closed Caption (Slide Layer) 2.23 Language Access Plan

35 The LAP is published on the internal website in English and on the external website in English, Spanish, Polish and Portuguese. When you have completed this program, click on the More Information tab for links to this and other resources. Closed Caption (Slide Layer) 2.24 Review LEP Section

36 Do you want to review the Limited English Proficiency Section before taking a short quiz? Closed Caption (Slide Layer) 2.25 LEP means: (Multiple Choice, 10 points, unlimited attempts permitted)

37 Correct Choice More than 50% limited proficiency in English speaking More than 25% limited proficiency in English speaking and writing More than 15% limited proficiency in English understanding X Unspecified limited proficiency in English speaking, writing, reading and understanding Feedback when correct: That's right! LEP means an unspecified limited proficiency in English speaking, writing, reading and understanding. Feedback when incorrect: Incorrect! The correct answer is Unspecified limited proficiency in English speaking, writing, reading and understanding. Correct (Slide Layer)

38 Incorrect (Slide Layer) Try Again (Slide Layer) 2.26 To avoid discrimination the Judicial Branch must meet two requirements (select the two correct answers): (Multiple Response, 10 points, unlimited attempts permitted)

39 Correct Choice Offer transportation to and from court hearings X Take reasonable steps to provide meaningful access free of charge Make the Language Access Plan available to the public X Establish policies and procedures for language assistance services Feedback when correct: That's right! To avoid discrimination the Judicial Branch must take reasonable steps to provide meaningful access free of charge & establish policies and procedures for language assistance services. Feedback when incorrect: Incorrect! The correct answers are Take reasonable steps to provide meaningful access free of charge & Establish policies and procedures for language assistance services.

40 Correct (Slide Layer) Incorrect (Slide Layer)

41 Try Again (Slide Layer) 2.27 The Judicial Branch Language Access Plan (select the two correct answers): (Multiple Response, 10 points, unlimited attempts permitted)

42 Correct Choice Is a federal law X Contains the Judicial Branch LEP Policy Statement Is not available in foreign languages X Is reviewed every two years Feedback when correct: That's right! The Judicial Branch Language Access Plan contains the Judicial Branch LEP Policy Statement & is reviewed every two years. Feedback when incorrect: Incorrect! The correct answers are Contains the Judicial Branch LEP Policy Statement & Is reviewed every two years. Correct (Slide Layer)

43 Incorrect (Slide Layer) Try Again (Slide Layer) 2.28 LEP Review Summary (Results Slide, 0 points, 1 attempt permitted)

44 Results for 2.25 LEP means: 2.26 To avoid discrimination the Judicial Branch must meet two requirements (select the two correct answers): 2.27 The Judicial Branch Language Access Plan (select the two correct answers): Result slide properties Passing Score 100%

45 Success (Slide Layer) Failure (Slide Layer)

46 2.29 Policies & Procedures The Judicial Branch LEP Policy Statement defines Limited English Proficiency and discusses the federal laws that prohibit discrimination based on National Origin. This policy statement is part of the Connecticut Judicial Branch Language Access Plan, and is posted on the Judicial Branch internal and external websites. Closed Caption (Slide Layer)

47 3. Lightbox 3.1 More Information 3.2 Copyright

48 LEP: Why It s Important to You - Module 2 1. Interpreter & Translation Services 1.1 Menu Screen

49 1.2 Advanced Organizer Imagine being in a courtroom in a foreign country and listening to an announcement made in a different language the same way the opening announcement was made in Spanish at the beginning of this course. What would happen if you are not provided with an interpreter and you are expected to proceed without any language assistance? How frustrated and linguistically absent would you be? Closed Caption (Slide Layer)

50 1.3 Purpose This section provides information regarding the role of the Court Interpreter, tips on working with court interpreters and how to access language services for LEP individuals. This information will enable any Judicial Branch employee to fulfill his/her duties at any given point during the course of the work day when a language barrier is encountered. Closed Caption (Slide Layer)

51 1.4 Section Menu Interpreter (Slide Layer)

52 Translator (Slide Layer) 1.5 Interpreter A Court Interpreter is an individual who possesses a native-like mastery of both English and a second language to facilitate communication between two parties who encounter a language barrier. A Court Interpreter is an impartial language professional whose role is to serve the Court by removing linguistic barriers.

53 Closed Caption (Slide Layer) 1.6 Interpreter It is through the language help provided by the court interpreter that the LEP individual is put at the same language level as any English speaker who comes in contact with the Connecticut Judicial Branch. As a result, limited English speakers are able to fully participate in the judicial system by: Understanding the charges against them Understanding the forms they must fill out

54 Communicating with staff, attorneys, and the Court Filing lawsuits Reading signs posted around courthouses Closed Caption (Slide Layer) 1.7 Interpreter

55 As services are provided, the interpreter s voice becomes the official record. Therefore, the court interpreter works under a strict Code of Ethics while neither adding nor omitting anything that is said. It is through the language help provided by the court interpreter that the LEP individual is able to be linguistically present during the Judicial process. Closed Caption (Slide Layer) 1.8 Interpreter

56 Interpreting is the act of accurately transferring information from a source language to a target language while preserving the essence of the message and the intent of the speaker. A court interpreter s mastery and awareness of both language and culture provide the interpreter with the necessary tools to deliver an interpretation that sounds completely natural in the target language. A court interpreter must maintain the register, or language level, at all times. Words and phrases of high or low register must be preserved by the interpreter and interpreted by using equivalent terminology in the target language. A court interpreter must not explain, clarify, educate, or alter the information to facilitate the limited English speaker s ability to understand and participate. Closed Caption (Slide Layer)

57 1.9 Interpreter The role of the court interpreter is a crucial one in the provision of equal access to limited English proficient individuals. Each one of the 14 canons of the Code of Professional Responsibility for Court Interpreters provides a blueprint for court interpreters in the fulfillment of their responsibilities with uniform ethical standards. Court interpreters take an oath to follow standards of professional conduct and are prohibited from interacting with an LEP individual in any other capacity. Understanding the role of the court interpreter and the Code of Ethics is necessary when providing services to an LEP speaker. The expectation for the interpreters is limited to the practice of interpreting. To view the Code of Professional Responsibility for Court Interpreters please click on the More Information tab.

58 Closed Caption (Slide Layer) 1.10 Interpreter Visualize a triangle in your mind. Each side of this triangle represents one of the three parties that need to be present for interpretation to take place. 1. the Judicial Branch employee, attorney or judge 2. the LEP individual 3. the court interpreter

59 Interpretation is prohibited without all three parties being present at the same time. However, once the triangle of communication is complete, the court interpreter is able to provide a linguistic bridge and information is able to flow between the employee and the limited English speaker. Closed Caption (Slide Layer) 1.11 Interpreter

60 A court interpreter is able to facilitate communication, but not be the source of such information. Court interpreters are not able to provide or be the source of information to an LEP speaker on any program or process. This also applies to completing and filing forms and documents. The Code of Professional Responsibility for Court Interpreters limits the court interpreter function to an impartial role. Finally, a court interpreter must protect attorney-client privilege and is prohibited from disclosing any information of a confidential nature about court cases obtained while performing interpreting duties. Closed Caption (Slide Layer) 1.12 Interpreter

61 Could you be an interpreter? In the exercise that follows you are going to act as a court interpreter. Act as though someone was standing next to you listening intently. You will repeat everything that you hear. Keep your hands still and maintain the same pace as the recording. Click Start Recording when you are ready to begin. Closed Caption (Slide Layer) 1.13 Dual Shadow Interpreting Exercise Review (Likert Scale, 0 points, 1 attempt permitted)

62 Statement Poor Fair Average Good Excellent How would you rate yourself as an interpreter? How well did you convey the information the way it was intended? How would the imaginary person next to you rate you as an interpreter? On a scale of 1 to 5, how would you rate yourself as an interpreter? Did you convey the information the way it was intended? Were there time lapses, gaps of information, or mis-spoken words? How do you think the imaginary person next to you would rate your effectiveness as an interpreter? The beauty of this exercise is that you are familiar with the words and terminology and the rate of speech in this exercise is approximately one hundred and twenty words per minute. Keep that in mind as we move to the next slide.

63 Closed Caption (Slide Layer) 1.14 Interpreter At any given time, a court interpreter must be able to perform the three modes of court interpreting: 1. Simultaneous interpreting 2. Consecutive interpreting 3. Sight translating

64 Closed Caption (Slide Layer) 1.15 Interpreter Simultaneous interpreting is the mode most commonly used in court interpreting. The court interpreter talks at the same time as the speaker, but with a slight delay to allow time for the court interpreter to understand the original message, transfer it s meaning into the target language, and deliver the message in the target language to the LEP individual.

65 Closed Caption (Slide Layer) 1.16 Interpreter Consecutive interpreting is when the court interpreter waits for the spoken statement to be complete and then begins interpreting. This allows for only one person to speak at a time and for the interpreter to rely on note taking and short term memory to render an accurate interpretation. This mode is used during question and answer settings.

66 Closed Caption (Slide Layer) 1.17 Interpreter Sight translating occurs when the court interpreter analyzes a written document in one language to create an oral version of the document in another language. When in court, an interpreter speaks at a rate of 120 to 250 words per minute. At the same time, they must monitor their own performance in real time. They are required to stop the court proceeding and make corrections if an interpreting error occurs.

67 Closed Caption (Slide Layer) 1.18 Interpreter When working with a court interpreter, it is important for the Judicial Branch employee to observe the following strategies: Always maintain eye contact with the LEP individual. Remember that the court interpreter can only provide you with a spoken message. In that much of communication is nonverbal, your efforts to communicate with an LEP individual will be more effective when you simultaneously listen to the interpreter and observe the LEP individual s body language. Communicate directly with the LEP individual as if there was no court interpreter present. Avoid statements such as tell him this or ask her if which will create confusion when the court interpreter delivers your exact words in the target

68 language. Consider the court interpreter to be a resource. The court interpreter is there to help you to effectively communicate with the LEP individual. In order to provide the expected professional services, court interpreters need to familiarize themselves with the facts of the case and prepare for specialty assignments such as hearings and trials. Provide interpreters with copies of evidentiary documents, access to the case files and any additional and useful information to ensure seamless and successful interpreting services. If you plan to meet with an LEP individual prior to a court hearing, request the assistance of a court interpreter. This will allow you to relay information and to prepare the LEP individual so there are no surprises or misunderstandings when appearing in front of the Court. At the end of a meeting or conversation with an LEP individual, check for understanding. Ask the LEP individual to repeat the information conveyed or ask specific questions related to the conversation. Closed Caption (Slide Layer)

69 1.19 Interpreter Requesting interpreter services is an internal administrative process. Only Judicial Branch staff, Public Defenders and State s Attorneys are authorized to make this request. LEP individuals are not authorized to complete the Judicial Branch request form. Closed Caption (Slide Layer)

70 1.20 Interpreter The Interpreter Services request form, JD-CL-93 can be accessed through the forms section of the Judicial Branch Intranet page. This electronic form can be submitted by in accordance with the form instructions. All information requested on the form must be provided in order to process the request as quickly as possible. The timely submission of Interpreter Services Request forms allows Interpreter and Translator Services to organize and assign resources in accordance with the court s needs each day; and for court interpreters to be prepared for those needs. Submit requests as early as possible to allow for assignment and confirmation of an interpreter. Requests for services should be submitted for: Any immediate need for interpreter services Any date-specific future need for interpreter services Employees should submit a request for services when: An on-the-record proceeding (e.g. arraignment) needs to go forward and no interpreter is available locally A specialty hearing or proceeding is scheduled, even if an interpreter is available locally A matter involving an LEP individual comes to your attention at the last minute Sometimes the need for an interpreter is not obvious until an LEP individual appears in court and requires language assistance services. In circumstances like this, call the Interpreter and Translator Services Unit. Variables like the time of day, court location and type of hearing are secondary to providing language assistance to the LEP individual in court. In most cases, a court interpreter can be re-routed to meet the immediate need. A court interpreter needs to follow cases throughout a location by assisting during interviews and appearing in front of the Court. A court interpreter s function is NOT limited to providing services within a specific office, unit, or courtroom. A court interpreter may also be required to cover different assignments and locations during the course of the work day. Please work with the court interpreter to facilitate case processing to allow for a prompt departure to the next interpreting assignment.

71 Closed Caption (Slide Layer) 1.21 Interpreter Court cases are frequently rescheduled or canceled. If this happens to a case that requires an interpreter, the request for that interpreter needs to be rescheduled or canceled also. If you become aware of a case scheduling change for the same or next day, call the Interpreter and Translator Services Unit with the updated information as soon as possible and follow up the phone call by submitting a revised Interpreter Services Request form.

72 Closed Caption (Slide Layer) 1.22 Interpreter The same holds true for external interpreters under contract with the Judicial Branch. In addition to employing permanent and temporary court interpreters, the Interpreter and Translator Services Unit works with contracted interpreters to meet the language assistance needs of the Judicial Branch. The terms of the contract with these providers require a two hour minimum payment of hourly rates that range from $99 to $150 dollars. Any cancellation for services must be conveyed to the provider by noon of the prior business day to avoid paying the 2 hour minimum. Note that only interpreters assigned by the Interpreter and Translator Services Unit are authorized to provide language

73 services for any Judicial Branch function. Closed Caption (Slide Layer) 1.23 Interpreter The Interpreter and Translator Services Unit provides services within Judicial Branch Facilities. Court interpreters first priorities are matters that are heard on-the-record.

74 To request language assistance for any unanticipated off-the-record proceeding, case related interview, or informational conversation with an LEP individual, you may also contact the local interpreter s office if there is one in your location. Requests for interpreter services involving lengthy interviews or studies with an LEP individual need to be scheduled during times that do not conflict with courtroom sessions. Please schedule off-the-record interviews between: 8:30 a.m. to 10:00 a.m. 3:00 p.m. to 5:00 p.m. Closed Caption (Slide Layer)

75 1.24 Interpreter LEP individuals access Judicial Branch facilities through the metal detectors, just as any English speaker, but may not know what to do next. The best course of action is to guide them to the Clerk s office, the Public Information Desk or the Court Service Center. All of these areas have access to telephonic bilingual services to assist the LEP individual. Remember the triangle of communication? To comply with this standard, do not direct LEP individuals to the local court interpreter, the court interpreter s phone, or the court interpreter s office Closed Caption (Slide Layer)

76 1.25 Translator Interpreting versus translating Interpreting is the conversion of a spoken message from one language to another while translating is the conversion of a written message from one language to another. So, interpreters talk and translators write. Closed Caption (Slide Layer)

77 1.26 Translator A translator is a highly skilled professional who is also trained in specific research techniques and is able to maintain advanced competencies. Translators produce written documents in a target language that mirrors written documents in a source language. If, for example, a Spanish document was received by the court, a translator would have to conduct lengthy research to accurately convey the contents of that document in English. Legal translations require maximum precision. Identifying accurate terms that are equivalent to the legal terms presented in one language while being mindful of the differences between legal systems and cultures is labor intensive. The Interpreter and Translator Services Unit uses translation memory software to manage a dictionary of thoroughly researched and approved words and phrases commonly used in Connecticut court documents. The use of this software allows for increased productivity and consistency within and between translated documents. Judicial Branch translators do NOT use translation software because it produces erroneous and confusing results. The Judicial Branch does NOT approve the use of online language translation services based on inaccuracy ratings.

78 Closed Caption (Slide Layer) 1.27 Translator A team effort is key to producing an accurate translation. Judicial Branch translation guidelines require that three translators are involved in each document. These translators have specific roles: 1. The first translator conducts research to produce the translated document 2. The second translator acts as an editor to review and ascertain that the terminology used is correct 3. The third translator acts as a proofreader to ensure that grammar, syntax, and spelling are accurate

79 Translation services take time. On average, only five (5) words are translated per minute due to the required research. Submit any request for translation as soon as possible. Closed Caption (Slide Layer) 1.28 Translator As is the case with interpreting requests, translation requests are an internal administrative process.

80 Form JD-CL-119 is the official Judicial Branch Translation Services Request form. The form covers both Evidentiary and Non-Evidentiary materials. You may access the Translation Services Request form through the forms section of the Judicial Branch Intranet page. Any employees may request translation services for documents or information related to Judicial Branch business. The form is fillable on your computer. Forms can change quickly and for many reasons. An outdated form cannot be processed as efficiently as a current version. Each time a request is submitted it must be made through the Intranet forms page. To expedite this process, consider creating a shortcut to your desktop for both JD-CL-93, the Request for an Interpreter Services, and JD-CL-119, the Request for Translation Services. Closed Caption (Slide Layer)

81 1.29 Translator The Request for Translation form is divided in two separate sections. Section I of the Translation Request form is for Evidentiary Materials, or documents that are for a specific case within the Judicial Branch such as: Victim statements Motion to vacate rearrests Notifications from Judicial Branch to a client All the fields in Section I must be completed before submitting the request.

82 Closed Caption (Slide Layer) 1.30 Translator Section II of the Translation Request form is for Non-Evidentiary materials. This includes documents that are not associated with a specific court case and are owned by the Judicial Branch. They include Brochures Forms Instructions

83 Judicial Branch Internet pages The form can be submitted as soon as it is completed. Closed Caption (Slide Layer) 1.31 Translator Only translations produced by the Interpreter and Translator Services Unit via the Request for Translation Services Form

84 may be used for Judicial Branch proceedings, functions or purposes. Closed Caption (Slide Layer) 1.32 Translator The Judicial Branch is committed to translating forms and information into Spanish, Polish and Portuguese as these are the most requested languages.

85 Judicial Branch employees are encouraged to regularly visit the Forms page to see which newly translated materials may assist them in the performance of daily responsibilities. Employees may also take a proactive approach to these efforts by identifying and submitting documents for translation to increase access to LEP individuals. Closed Caption (Slide Layer) 1.33 Translator

86 If a document in a foreign language is given to any Judicial Branch employee by an LEP individual, the best course of action is to contact a Judicial Branch telephonic bilingual services provider. The provider will speak with the LEP individual to determine the nature of the document. This exchange will help you to determine if immediate action is required. For example, documents related to a restraining order would require immediate action. If a document does not require immediate action you may submit a translation request or contact the Interpreter and Translation Services Unit for further guidance. Closed Caption (Slide Layer) 1.34 Review Interpreter & Translator Services

87 Do you want to review the Interpreter & Translator Services Section before taking a short quiz? Closed Caption (Slide Layer) 1.35 The Role of the Court Interpreter (select the two correct answers): (Multiple Response, 10 points, unlimited attempts permitted)

88 Correct X Choice Is guided by the State of Connecticut Judicial Branch Code of Professional Responsibility for Court Interpreters Requires court interpreters to directly educate and assist LEP individuals as they fill out forms Varies according to the type of request. On-the-record proceedings demand higher level of accuracy in interpretation, while off-the-record requests don t X Is limited to the provision of oral language services to place the LEP individual at the same linguistic level as any English speaker Feedback when correct: That's right! The Role of the Court Interpreter is guided by the State of Connecticut Judicial Branch Code of Professional Responsibility for Court Interpreters & is limited to the provision of oral language services to place the LEP individual at the same linguistic level as any English speaker. Feedback when incorrect: Incorrect! The correct answers are Is guided by the State of Connecticut Judicial Branch Code of Professional Responsibility for Court Interpreters & Is limited to the provision of oral language services to place the LEP individual at the same linguistic level as any English speaker.

89 Correct (Slide Layer) Incorrect (Slide Layer)

90 Try Again (Slide Layer) 1.36 The Code of Professional Responsibility for Court Interpreters (select the two correct answers): (Multiple Response, 10 points, unlimited attempts permitted)

91 Correct Choice Includes an advocacy role to ascertain that the LEP individual receives fair treatment X X Requires court interpreters to interpret everything accurately and impartially Requires court interpreters to protect attorney-client privilege Allows court interpreters to give legal advice to LEP individuals Feedback when correct: That's right! The Code of Professional Responsibility for Court Interpreters requires court interpreters to interpret everything accurately and impartially & requires court interpreters to protect attorney-client privilege. Feedback when incorrect: Incorrect! The correct answers are Requires court interpreters to interpret everything accurately and impartially & Requires court interpreters to protect attorney-client privilege.

92 Correct (Slide Layer) Incorrect (Slide Layer)

93 Try Again (Slide Layer) 1.37 When the need for a court interpreter is identified later in the day for an individual whose matter is scheduled to be heard in front of the Court and there is no interpreter available at the location (select the two correct answers): (Multiple Response, 10 points, unlimited attempts permitted)

94 Correct Choice The matter should be automatically continued for a later date. There is no way an interpreter can be confirmed after the luncheon recess A bilingual employee may be used as the court interpreter X X The case must be passed to contact Interpreter and Translator Services immediately A request for services must be submitted for the same date Feedback when correct: That's right! When the need for a court interpreter is identified later in the day for an individual whose matter is scheduled to be heard in front of the Court and there is no interpreter available at the location the case must be passed to contact Interpreter and Translator Services immediately & a request for services must be submitted for the same date. Feedback when incorrect: Incorrect! The correct answers are The case must be passed to contact Interpreter and Translator Services immediately & A request for services must be submitted for the same date.

95 Correct (Slide Layer) Incorrect (Slide Layer)

96 Try Again (Slide Layer) 1.38 When an LEP individual presents a statement written in his/her native language related to a request for relief from abuse (select the two correct answers): (Multiple Response, 10 points, unlimited attempts permitted)

97 Correct X Choice The local interpreter (if for the same language) should be contacted to provide a translation of the statement The person must be asked to return with an English version of the statement X Interpreter and Translator Services must be contacted if no interpreter is available at the location English is the language of the Court. If all documents are not submitted in English, the request cannot be submitted Feedback when correct: That's right! When an LEP individual presents a statement written in his/her native language related to a request for relief from abuse the local interpreter (if for the same language) should be contacted to provide a translation of the statement & Interpreter and Translator Services must be contacted if no interpreter is available at the location. Feedback when incorrect: Incorrect! The correct answers are The local interpreter (if for the same language) should be contacted to provide a translation of the statement & Interpreter and Translator Services must be contacted if no interpreter is available at the location.

98 Correct (Slide Layer) Incorrect (Slide Layer)

99 Try Again (Slide Layer) 1.39 Interpreter & Translation Review Summary (Results Slide, 0 points, 1 attempt permitted)

100 Results for 1.35 The Role of the Court Interpreter (select the two correct answers): 1.36 The Code of Professional Responsibility for Court Interpreters (select the two correct answers): 1.37 When the need for a court interpreter is identified later in the day for an individual whose matter is scheduled to be heard in front of the Court and there is no interpreter available at the location (select the two correct answers): 1.38 When an LEP individual presents a statement written in his/her native language related to a request for relief from abuse (select the two correct answers): Result slide properties Passing Score 100%

101 Success (Slide Layer) Failure (Slide Layer)

102 1.40 Module 2 of 3 Completed The purpose of this program is to make you aware of the civil rights of individuals who are LEP and to advise you of Judicial Branch policies, procedures and protocols implemented to ensure that members of the public who are LEP are provided with language assistance services. By the end of this program you will understand what LEP is, the difference between someone who speaks another language and an interpreter and how to access services 24 hours a day 7 days a week in the course of your day to day responsibilities.

103 2. Lightbox 2.1 More Information 2.2 Copyright

104 LEP: Why It s Important to You - Module 3 1. Additional Services 1.1 Menu Screen

105 1.2 Advanced Organizer So far you have learned what LEP is, why services for LEP individuals have been established, and what the Interpreter and Translation Services Unit can do for you. But what can you use for language assistance when a Judicial Branch Interpreter is not available? Closed Caption (Slide Layer)

106 1.3 Purpose In this section you will learn how to access telephonic bilingual services 24 hours a day, 7 days a week. These services are available from any telephone in a Judicial Branch facility or any cellphone for those working in the field. Closed Caption (Slide Layer)

107 1.4 Telephonic Bilingual Services Judicial Branch interpreters are the gold standard for interpretation. Their top priority is to be in court for matters that are on the record to ensure fundamental fairness to the LEP individual. At the same time that the court interpreters are in courtrooms around the state, there are meetings, assessments, and other interactions taking place outside of court during regular business hours that also require language assistance. To meet the need for interpreters outside of the courtrooms, the Judicial Branch contracts with language assistance service providers for telephonic bilingual services. The interpreters provided by these services are credentialed and vetted, meaning they meet the standards required for accurate communication. Telephonic bilingual services are available to any Judicial Branch staff member in the course of their duties, at any hour of any day, in over 150 languages. Because of their broad availability and applicability, telephonic bilingual services have proven to be versatile, timely, and cost effective.

108 Closed Caption (Slide Layer) 1.5 Telephonic Bilingual Services Using telephonic bilingual services is as easy as making a phone call. You do not have to know what language is being spoken because the service provider can determine that once s/he speaks with the LEP individual. It can be faster if you know the language based on use of a Judicial Branch flag poster. There are three situations in which telephonic bilingual services are most commonly used by Judicial Branch employees: The first is when someone who is LEP calls by phone. In this situation, you will need to know how to use the conference feature to access telephonic bilingual services.

109 The second is when someone who is LEP comes to your office. In this situation, you will need to know how to activate the speakerphone feature or utilize the dual handset phone to obtain language assistance. The last is when you are working in the field and need language assistance services. In this situation, you will have to use your cell phone which will probably have speakerphone capability. Closed Caption (Slide Layer) 1.6 Telephonic Bilingual Services

110 Telephonic language assistance services MUST NOT be accessed from a land line phone that does not belong to the Judicial Branch or from a phone that does not belong to an employee of the Branch. Access to these services by unauthorized users would cause significant problems. Instructions and a printed job aid for accessing telephonic bilingual services are included on the more information tab. For additional training on the use of Telephonic Bilingual Services, contact the Interpreter and Translator Services Unit. Closed Caption (Slide Layer) 1.7 Hearing Impaired LEP Person & Others

111 Telephonic bilingual services interpreters are located outside of Connecticut and may not be familiar with some of the legal terminology used in CT courts. If a telephonic bilingual services interpreter asks for an explanation of a specific term or process, it is to ensure that information is accurately conveyed in a language that may not have corresponding terminology. Always make a written note of the telephonic bilingual services interpreter identification number for each call placed. There is NO time limit to the length of each call. The service has been used to answer one question and to conduct extensive interviews. Feel free to use the service for interactions from 30 seconds to several hours. Closed Caption (Slide Layer)

112 1.8 Hearing Impaired LEP Person & Others When using telephonic bilingual services over an extended period of time, it is customary to take short 5 minute breaks. This gives everyone a chance to get a drink, stretch, use a restroom, etc. If you need to take a break while using telephonic bilingual services, do not hang up the receiver! Set the handset on the table next to the telephone, and assign someone to stay in the room to ensure the call is not disconnected. If the call is disconnected, you will not be connected to the same interpreter when you call back to resume and may have to spend time familiarizing the new interpreter with the case.

113 Closed Caption (Slide Layer) 1.9 Section Review Do you want to review the Additional Services Section before taking a short quiz?

114 Closed Caption (Slide Layer) 1.10 Telephonic bilingual services are available (Multiple Choice, 10 points, unlimited attempts permitted) Correct X Choice In over 150 languages; 24 hours a day, 7 days a week; by credentialed and vetted

115 individuals For translation services For all court matters Feedback when correct: That's right! Telephonic bilingual services are available in over 150 languages; 24 hours a day, 7 days a week; by credentialed and vetted individuals. Feedback when incorrect: Incorrect! The correct answer is In over 150 languages; 24 hours a day, 7 days a week; by credentialed and vetted individuals". Correct (Slide Layer)

116 Incorrect (Slide Layer) Try Again (Slide Layer) 1.11 Contracted language assistance services via telephone (Multiple Choice, 10 points, unlimited attempts permitted)

117 Correct X Choice Are accurate, efficient and cost effective Provide coverage when the court cannot wait for an interpreter Can only be accessed through specific equipment Feedback when correct: That's right! Contracted language assistance services via telephone are accurate, efficient and cost effective. Feedback when incorrect: Incorrect! The correct answer is Are accurate, efficient and cost effective.

118 Correct (Slide Layer) Incorrect (Slide Layer)

119 Try Again (Slide Layer) 1.12 Telephonic language assistance services (Multiple Choice, 10 points, unlimited attempts permitted) Correct Choice Must be made in a court facility

120 Are time limited X Can be accessed by any Judicial Branch employee in the course of their duties Feedback when correct: That's right! Telephonic language assistance services can be accessed by any Judicial Branch employee in the course of their duties. Feedback when incorrect: Incorrect! The correct answer is Can be accessed by any Judicial Branch employee in the course of their duties. Correct (Slide Layer)

121 Incorrect (Slide Layer) Try Again (Slide Layer) 1.13 Additional Services Review Summary (Results Slide, 0 points, 1 attempt permitted)

122 Results for 1.10 Telephonic bilingual services are available 1.11 Contracted language assistance services via telephone 1.12 Telephonic language assistance services Result slide properties Passing Score 100%

123 Success (Slide Layer) Failure (Slide Layer)

124 1.14 More Information For additional information on LEP click on the More Information tab. Closed Caption (Slide Layer)

125 1.15 LEP Questions For questions regarding any of the topics discussed in this program or general information about LEP, interpreters, translators, or telephonic bilingual services, please contact Closed Caption (Slide Layer)

126 1.16 Course Completion Congratulations! You have successfully completed the course LEP: Why It s Important to You! Click Exit to end the course. Closed Caption (Slide Layer)

127 2. Lightbox 2.1 More Information 2.2 Copyright