WJI calls on Supreme Court to end use of untrained interpreters in municipal courts

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.