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This afternoon WJI petitioned the Wisconsin Supreme Court to require trained interpreters in municipal court proceedings involving low-English-proficiency (LEP) individuals.
WJI’s proposed new rule of procedure would bring municipal courts more in line with circuit courts, which are required to use “qualified” interpreters in proceedings involving LEP individuals. Qualified interpreters must meet certain requirements regarding their capabilities and accuracy. The current rule requires qualified interpreters in municipal courts only in matters involving juveniles. Otherwise, municipal judges are allowed to ask a party to bring a friend or family member—sometimes even a minor child—to court to interpret legal proceedings. “I’ve even seen a judge ask the gallery—the defendants awaiting their own cases to be called—if anyone spoke Spanish and could interpret proceedings when a woman did not bring someone with her to court,” said WJI Executive Director Margo Kirchner. The proposed new rule for municipal courts tracks the circuit court rule, with a major difference. The proposed rule divides proceedings into 1) evidentiary hearings that involve testimony and 2) other proceedings. Qualified interpreters would be required for all evidentiary hearings, including trials. In other proceedings, such as initial appearances or status conferences, the municipal court could use a telephonic, video, or computerized service approved by the director of state courts. Interpretation of legal proceedings by untrained friends, family members, or strangers would no longer be permitted. WJI wrote in its brief supporting the petition that “LEP individuals in Wisconsin today are not receiving proper access to qualified interpreters in municipal court proceedings.” Family members and friends acting as interpreters may not be proficient in the languages being used and may have conflicts of interest. “Even assuming they are proficient, these individuals almost certainly lack professional training as interpreters, let alone the specialized legal training necessary for properly interpreting court proceedings,” WJI wrote. “The ability to understand the words of the judge and the opposing party during a legal proceeding is a crucial element of due process. Without the help of a qualified interpreter, LEP individuals cannot meaningfully participate in their own legal proceedings This deprivation of due process rights has serious legal and practical consequences,” WJI wrote. WJI added that holding proceedings without providing qualified interpreters may also amount to national origin discrimination. “Very few defendants in Wisconsin's municipal courts have attorneys. This problem is compounded for those who do not understand the language being spoken in the courtroom,” said WJI board member and former Milwaukee Municipal Judge Jim Gramling about the need for the petition. “Municipal courts handle drunk driving cases, building and health code violations, charges of disorderly conduct, vandalism, marijuana possession, assault and battery. Forfeitures can reach into the thousands of dollars. Defendants in these cases deserve full interpreter services,” Gramling said. “Every court in Wisconsin, by law, must provide full interpreter services for defendants with one exception—the 230 municipal courts which handle over 400,000 cases every year,” Gramling said. “Municipal courts fly under the radar for the public and media, but that is where many people interact with the court system. As we say in our brief, municipal court cases involve real charges and real consequences," Kirchner said. “Those charged with offenses in municipal court, just as in circuit court, should be able to understand what is said and argue their case to the judge with accurate interpretation.” The petition is part of WJI’s broader effort to improve municipal court outcomes for defendants, especially low-income and minority individuals. “Since 2016, WJI has educated the public about municipal courts, monitored municipal court proceedings, and advocated for an end to jail and driver’s license suspension in response to unpaid municipal court forfeitures,” said Kirchner. “While monitoring municipal courts, we saw the frequent use of friends and family members when interpreters were needed,” said Kirchner. WJI has published public education information to help defendants understand municipal court proceedings. The materials include a Spanish-language video and pocket guide. Under the proposed rule, interpreters would be provided at municipal expense. WJI argues that the cost is reasonable and necessary in light of the important interests at stake. WJI awaits review of the petition by the Supreme Court.
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Recibir una multa y asistir a una audiencia tribunal puede ser muy estresante e intimidante cuando no está familiarizado con el proceso. Ese estrés puede ser agravado para aquellos que no hablan inglés, ya que los procedimientos se llevan a cabo en inglés. Wisconsin Justice Initiative ha creado este video para ayudar a aquellos que hablan español y necesitan navegar audiencias tribunales municipales de Wisconsin. (Receiving a ticket and going to municipal court can be stressful and intimidating if you aren't familiar with the process. Because proceedings are held in English, that stress can be multiplied for those who do not speak English as a first language. Wisconsin Justice Initiative has created this video to help those who speak Spanish navigate municipal courts in Wisconsin.) Many thanks to the following for their support of this project:
Unclear whether services to Milwaukee Municipal Court defendants will continue without interruption6/9/2023  By Alexandria Staubach Milwaukee Municipal Court has terminated a long-term court diversion program contract without identifying a successor or a plan for continuity of services. JusticePoint facilitated the City of Milwaukee’s Municipal Court Alternatives Program (MCAP) for 40 years. MCAP staff provide information and recommendations to Milwaukee Municipal Court for alternatives to forfeitures and jail for those who are unable to pay or who need specialized services. A May 15 termination letter calls JusticePoint’s discharge a “termination for convenience.” Questions immediately arose about what will happen to the program’s clients on July 12, the day after JusticePoint's contract ends, but those questions had to await the return of a court administrator who was out of the office. “Milwaukee Municipal Court’s intervention/alternatives program will continue, just not with the current vendor,” Sheldyn Himle, chief court administrator for Milwaukee Municipal Court, told Wisconsin Justice Initiative on Tuesday. WJI asked follow-up questions about whether the court has identified a new vendor, whether the court anticipates the vendor will be able to assume services on July 12, and what will occur in the interim if not. The court did not answer these questions by the time of this blog post. Municipal citations are often issued to people experiencing poverty, mental health crisis, disability, and substance abuse issues. Many are unhoused. Many have disabilities that make navigating the court system exceedingly difficult. From 2002 to 2022, JusticePoint provided services to 61,975 individuals, resulting in 146,202 hours of community service completed and 444,984 days of jail avoided for the community and taxpayers. “I think it's important to remember that the fines levied against the clients we work with in this program were never going to be collected by the City in the first place,” said Ed Gordon, JusticePoint’s chief operating officer and co-founder, in an email to WJI. “These are not people of means choosing not to pay their fines. This isn't about a reduction of revenue to the city. In fact, it's quite the opposite — this program recognizes that those in our community who would never be able to pay their fines in the first place can be 'held accountable' for their actions by taking steps to improve their own situations. Success here, and we have four decades of data to support this, represents reducing future police and court involvement for these folks. This program saves taxpayer money and strives to improve the lives of some of the most vulnerable in our city. That is what we're losing with the elimination of this program.” In a June 8 letter to the Milwaukee Common Council and its Judiciary and Legislation Committee, former Milwaukee Municipal Judge Jim Gramling said he would like to see JusticePoint reinstated and its MCAP work continued. “They have provided excellent service to the City and its more disadvantaged citizens. Their staff has been competent and committed from my first day in court in 1986,” he wrote. Gramling noted that many municipal court defendants “are part of disadvantaged groups within our community: the poor, those addicted to drugs and alcohol, those suffering from mental health issues.” He said it was essential to him when he was judge that the municipal justice system “reach(ed) out to them at every possible opportunity to prevent them from being ground up in that system. The MCAP was the vehicle for that.” JusticePoint plans to continue to provide services through July 11. Unless the City or a new vendor provides similar services on July 12, disruption is likely for clients who have not and cannot complete community service by then, and some current clients will have no documentation for the court at their next hearing, according to JusticePoint. “JusticePoint is deeply concerned about the future of clients that have traditionally had opportunities to receive alternatives to the municipal court process,” Nick Sayner, JusticePoint’s chief executive officer and co-founder, told WJI. “We work with the most vulnerable populations in the City who receive citations usually related to unresolved social service needs. Individuals who are experiencing housing insecurity, poverty, substance use, mental health issues, and trauma are currently offered treatment alternatives, referrals, and/or community service options. As of July 11th, those options will no longer be available, and all individuals who would have been eligible for alternatives will be expected to pay their fines or be sent to collections. This process is simply unnecessarily punitive and can place people into an unrelenting system of debt collection.” WJI joined a coalition to save JusticePoint’s MCAP. The 24-member coalition includes legal and community organizations serving the most vulnerable populations in Milwaukee, often in tandem with JusticePoint’s services. “Milwaukee Municipal Court has statutory and constitutional obligations to these defendants — JusticePoint helps the municipal court comply with the law,” wrote the coalition in a letter to Milwaukee Mayor Cavalier Johnson and the Milwaukee Common Council. “It is shocking that Milwaukee Municipal Court would suddenly cancel the contract for such an invaluable program. The contract was canceled without cause and was described as a ‘termination for convenience’, with an effective date of July 11, 2023. The Court has provided no explanation for what is to happen to the hundreds of individuals currently being served by JusticePoint.” Milwaukee Ald. Mark Borkowski has scheduled a hearing before the Common Council’s Judiciary and Legislation Committee Meeting on June 12 at 11:00 a.m. in room 301-B of Milwaukee City Hall. The meeting is open to the public. The meeting agenda was recently amended to indicate the committee may also go into closed session at some point regarding the matter. Wondering how to contact the Milwaukee Common Council? Info can be found at https://city.milwaukee.gov/CommonCouncil. By Margo Kirchner A bill before the Legislature would eliminate the need to find a notary public before filing certain court documents. Under the bill, Senate Bill 29/Assembly Bill 27, a person could submit a court document signed under penalty of perjury, and the document would have the same effect as an affidavit sworn in front of a notary public. The bill aligns Wisconsin law with a federal law in place since 1976 and with laws in other states. The Senate has already passed the bill. It awaits action by the Assembly’s State Affairs Committee. In testimony to the Senate Judiciary and Public Safety Committee in support of the bill, Attorney Thomas Shriner of Foley & Lardner said the bill will create an “inexpensive and convenient” means for submitting evidence in Wisconsin courts and agencies. Shriner testified on behalf of the Wisconsin Judicial Council, which recommended the change. The Uniform Law Commission, a nonprofit and nonpartisan organization advocating for consistent laws across states, also supported the bill before the Senate. The bill, if passed, will simplify submission of evidence for summary judgment motions and other points in civil litigation when affidavits are used as evidence. Attorneys will not have to coordinate getting their clients’ signatures notarized in the midst of meeting a motion deadline, for instance. A person submitting evidence to a court or agency without a notary’s signature and stamp would simply need to write and sign at the end of a document: “I declare under penalty of false swearing under the law of Wisconsin that the foregoing is true and correct.” Attorney Sarah Zylstra of the Boardman Clark law firm told Wisconsin Justice Initiative of the proposed rule's advantages for civil litigation attorneys and clients. The use of the rule in federal courts has shown that sworn declarations “are just as effective as affidavits, but with the benefit of being less costly and much more convenient for witnesses and attorneys,” she said. “It is not always convenient to find a notary to notarize an affidavit, and many notaries charge for their services.” The rule “is particularly important for those in rural areas, those who have transportation challenges, and when documents need to be signed quickly, on an emergency basis,” she said. The bill should make procedures simpler for litigants who represent themselves, too. Having documents notarized is one of many steps that self-represented people must accomplish to file court documents. Mary Ferwerda, executive director of the Milwaukee Justice Center, said in response to questions from Wisconsin Justice Initiative that getting a signature notarized is challenging for many people. “Most banks have a notary public on staff, but not everyone possesses bank accounts, and notary public services may not be available to those without an account. And, while courthouses do have notaries public, many people throughout the state do not live adjacent to a courthouse,” she said. Those who lack transportation or live with disabilities that limit their ability to travel are especially affected, she noted. Plus, when notaries charge for their services, “even nominal sums can be difficult to pay,” said Ferwerda. (Ferwerda takes no position on the pending bill.) If the bill passes, oaths of office, depositions, and real estate documents will still require a sworn statement before a notary. Under Wisconsin law in place since 2009, a declarant who is located outside of the United States is allowed to sign documents under penalty of perjury without finding a notary. The bill would mean that declarants within the United States may do so as well. The bill was introduced by Sens. Van Wanggaard (R-Racine), Joan Ballweg (R-Markesan), and Eric Wimberger (R-Green Bay), and Reps. Ron Tusler (R-Harrison), Nik Rettinger (R-Mukwonago), Jeffrey Mursau (R-Crivitz), Elijah Behnke (R-Oconto) and Marisabel Cabrera (D-Milwaukee). Rep. Darrin Madison (D-Milwaukee) has since signed on as another co-sponsor. The change is part of a move toward uniform laws across the states and is known as the “Uniform Unsworn Declarations Act.”  |
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