IndyBar: It’s Not Just Interpreting; It’s About Due Process

By Heather Falks, General Counsel, and Manpreet Kaur, Language Access Program Manager General Counsel’s Office, Indiana Supreme Court

Imagine that you are traveling in India to attend a week-long wedding of a close friend. Everything is vibrant and exciting: the colors, the food, the sounds. But soon, even simple tasks like ordering food, asking for directions, or checking into a hotel get exhausting. You don’t speak the local language, and the signs, menus, and conversations are all foreign to you. You feel lost, anxious, and frustrated.

Now imagine that while navigating this unfamiliar world, you get into an accident that was not your fault and must appear in court. The judge calls your name and begins asking questions, but you don’t fully comprehend what is being said. Your friend, Amitoj Singh, is sitting next to you, trying to help interpret, but he only speaks conversational Punjabi. He does not understand legal terminology, courtroom procedures, and has not had any training to be an interpreter. During the hearing, you attempt to answer, but you are unsure whether your responses are accurate, complete, or even understood. By the end, a judgment is entered that you now owe thousands of rupees to the other party, and you have no idea how or why. Paying a few thousand rupees is manageable to you, so you make arrangements to pay and leave. However, you leave the courtroom confused, frustrated, and with a sense that justice was not truly served.

This is a real experience for many individuals in the United States who don’t speak English and lack the resources needed to fully access justice. Navigating everyday life is difficult enough, but facing the justice system without proper language access is overwhelming. Fortunately, federal and state laws exist to ensure that individuals receive the resources they need to meaningfully participate in the legal process.

The U.S. Constitution guarantees that everyone has the right to due process, a fair trial, and equal protection under the law.(1) Without a competent interpreter, individuals who cannot speak or understand English are effectively denied these fundamental rights. The Civil Rights Act of 1964 reinforces this by prohibiting discrimination on the basis of national origin in programs receiving federal funds, which includes most trial courts in Indiana.(2) Similarly, the Americans with

Disabilities Act ensures that public services, programs, and activities are accessible to individuals with hearing or speech impairments, which often requires interpreter services.(3) I.C. 34-45.1-3, further guarantees that anyone who has difficulty communicating in English is entitled to an interpreter.

Furthermore, the language access provided must be meaningful language access. The importance of proper interpretation is underscored by the Indiana Supreme Court case Ponce v. State. Mr. Ponce, convicted of delivering cocaine within 1,000 feet of a school, later challenged his guilty plea, arguing that the court-appointed interpreter had failed to provide a complete and accurate interpretation. The Court emphasized that it is not enough to provide any interpreter; interpretation must be meaningful. This can only be ensured through the use of Certified Court Interpreters.(4)

Simply speaking two languages does not qualify someone to be a court interpreter. Interpretation requires a high level of fluency in both English and the target language. To ensure quality interpretation services, the Office of Judicial Administration hosts a Court Interpreter Certification Program. This program establishes a statewide credentialing process for court interpreters to become either Certified or Qualified, depending upon the availability of an oral examination in the target language of expertise.

Candidates who complete the program are listed on the Supreme Court’s interpreter registry. Courts should prioritize the use of certified and qualified interpreters when available because inaccurate interpretation or translation can jeopardize a litigant’s life, liberty, and property.

Inaccurate or incomplete information may also interfere with the court’s ability to determine the facts and dispense justice properly.

No one should leave a courtroom feeling the same confusion and frustration you imagined at the start of this story. Language access is more than a checkbox. It is a legal right and a cornerstone of justice. Join IndyBar on September 24 at 11 a.m. for a special webinar presentation, “It’s Not Just Interpreting: It’s About Due Process”, where we’ll examine the laws that safeguard language access and share best practices for working with interpreters. Together, we can ensure every person leaves the courtroom with clarity, understanding, and true justice.•

1 Tennessee v. Lane, 541 U.S. 509, 523, 124 S.Ct. 1978, 158 L.Ed.2d 820 (2004), citing Faretta v. California, U.S. 806, 819, n. 15, 95 S.Ct. 2525, 45 L.Ed.2d (1975).

2 Lau v. Nichols, 414 U.S. 563, 566-569 (1974).

3 Prakel v. Indiana, 100 F.Supp.3d 661, 682 (S.D. Ind. 2015).

4 Ponce v. State, 9 N.E.3d 1265, 1272-1274 (Ind. 2014).

Heather Falks serves as the General Counsel and ADA Coordinator for the Indiana Supreme Court – Office of Judicial Administration. In this role she provides legal guidance to Indiana courts. Prior to working for the court, Falks practiced as an employment litigation attorney representing employees before both state and federal courts. She is an active member of IndyBar and a graduate of Indiana University Robert H. McKinney School of Law.

Manpreet Kaur (muhn-priy-t kuh-ow-ruh) is the Language Access Program Manager with the Office of General Counsel, Indiana Supreme Court. She has 8+ years of experience in interpreting services and a B.S. in Criminal Justice from Indiana University.