Feds, state resolve claims Monmouth courts discriminated against people with poor English skills

A new agreement resolves allegations charging the Monmouth vicinage failed to provide assistance to residents with limited proficiency in English. (Courtesy of New Jersey Courts)

Monmouth County courts entered into an agreement with federal authorities to resolve allegations the vicinage discriminated against residents with limited English language proficiency.

The agreement , approved Tuesday and announced Thursday, settles claims that the Monmouth vicinage failed to provide assistance to residents with limited proficiency in English, thereby depriving them of access to courts there based on race or national origin in violation of the federal Civil Rights Act.

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

The agreement will require the judiciary to provide a list of reforms to improve access for residents with limited English proficiency by Sept. 12 and it must implement those reforms no more than 120 days after they are approved by the Department of Justice.

It mandates that judiciary workers who may encounter residents with limited English receive training on how to identify and aid such residents, as well as court requirements on remote and on-site interpreters, among other things.

“Dispensing justice fairly and equitably is a cornerstone of our democratic system,” said U.S. Attorney Philip R. Sellinger. “We remain committed to ensuring that all litigants in New Jersey have equal access to New Jersey’s court system regardless of language barriers.

The deal requires the judiciary to continue translating forms and documents to Spanish, Portuguese, Haitian-Creole, Korean, and Polish — the five languages most commonly spoken by court users with limited English.

As of Tuesday, the judiciary had translated 167 forms into Spanish and 66 forms to the other four languages.

“The Judiciary, like the Department of Justice, is committed to ensuring equal access to the courts for all. Many of the improvements detailed in the memorandum were already in place,” said state courts spokesman Pete McAleer.

He added the Monmouth vicinage had already taken steps to comply with the agreement and would continue to do so.

The memorandum will additionally require the judiciary to pay $89,718 to a court worker who alleged retaliation after raising concerns about court access for non-English speakers, and it requires the courts to excise mentions of discipline the worker faced over the complaint from their personnel files.

As is typical of such agreements, the memorandum does not include an admission or declaration of guilt.

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