Who Pays the Price? Interpreter Services for Completing Court-Mandated Requirements

• In Event: Privatization in the Criminal Courts

Abstract

Approximately 28 million individuals in the U.S. have limited English proficiency (LEP) and often require language services, such as interpretation and translation, when interacting with English-dominant institutions. This number is expected to grow due to ongoing migration trends, which will likely increase the demand for language services. This is occurring against a backdrop of growing hostility toward non-English speakers, highlighted by the recent executive order establishing English as the official language of the U.S. Using ethnographic methods—direct observation, participant-observation, and interviews— data were collected across several California counties to explore language access practices in state courts. Findings reveal limited availability of free language services when fulfilling court-mandated requirements, such as completing in-person and online rehabilitative and diversion programs. While Spanish-speaking defendants with LEP experience barriers to accessing such programs, defendants with LEP who speak languages other than Spanish often face additional burdens, including financial burdens when required to pay for private interpretation services. The findings highlight the need to address the structural disparities that disproportionately affect populations with LEP within the judicial process.

Author

• Meghan Maree Ballard, University of California, Irvine