Enhancing Language Access: New Jersey Courts Address Discrimination

Agreement Reached with New Jersey Judiciary to Resolve Language Access and Retaliation Investigation.Photo byMorristown Minute

Monmouth Vicinage Courts to Improve Services for Individuals with Limited English Proficiency Following Federal Investigation

NEWARK, N.J. – The U.S. Attorney’s Office for the District of New Jersey and the Department of Justice’s Civil Rights Division, in collaboration with the New Jersey Judiciary, have reached an agreement to enhance court services for people with limited English proficiency (LEP).

This resolution comes in response to an investigation into allegations that the Monmouth Vicinage Courts (MVC) discriminated against LEP court users based on national origin and retaliated against a court employee who raised concerns about this discrimination.

“Dispensing justice fairly and equitably is a cornerstone of our democratic system. We remain committed to ensuring that all litigants in New Jersey have equal access to New Jersey’s court system regardless of language barriers. This agreement will ensure that limited English court users will have equal access to the New Jersey state courts in Monmouth County,” U.S. Attorney Philip R. Sellinger.

The investigation, conducted by the U.S. Attorney’s Office and the Civil Rights Division, revealed that the MVC, part of the New Jersey Judiciary, failed to provide adequate language support, violating Title VI of the Civil Rights Act of 1964. Title VI prohibits discrimination based on race, color, or national origin by recipients of federal financial assistance.

The investigation found that language barriers, such as the refusal to provide interpreters for assistance with forms, failure to translate important documents, and insufficient training of staff on language access policies, hindered LEP individuals from effectively accessing the court system.

As part of the agreement, the New Jersey Judiciary will take several corrective actions, including:

• Translation of Vital Documents: Vital court forms and materials will be translated and distributed at courthouses across the state.
• Review and Training: The Judiciary will review its language access plan over the next year and develop mandatory language access training for court staff. Additionally, Title VI retaliation training will be implemented.
• Public Notices: Notices explaining the Title VI nonretaliation policy and the complaint process will be issued in multiple languages.

“People with limited English proficiency can lose their children, homes and fundamental rights when they face language barriers in our court systems,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue fighting to ensure that courts remove language barriers for the public.”

The U.S. Attorney’s Office and the Department of Justice’s Civil Rights Division will oversee the implementation of these measures for the next two years. As part of the settlement, the New Jersey Judiciary has also agreed to pay $89,718 in damages to the individual who reported the alleged retaliation.

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