BILL ANALYSIS                                                                                                                                                                                                    �






                             SENATE JUDICIARY COMMITTEE
                             Senator Noreen Evans, Chair
                              2013-2014 Regular Session


          SB 597 (Lara)
          As Amended April 15, 2013
          Hearing Date: April 23, 2013
          Fiscal: Yes
          Urgency: No
          RD
                    

                                        SUBJECT
                                           
                           Legal Aid: Court Interpreters 

                                      DESCRIPTION  

          This bill would create a pilot project to provide for  
          interpreters in civil proceedings in up to five courts, as  
          specified, for the purpose of creating models for effectively  
          providing interpreters in civil matters, implementing best  
          practices, and ascertaining the need for additional interpreter  
          resources and funding to provide interpreters in civil matters  
          on a statewide basis.  

          This bill would require the Judicial Council to create a working  
          group, as specified, and to report to the Legislature its  
          findings and recommendations based on the experiences of the  
          pilot program by September 1, 2017.  This bill would also make  
          various findings and declarations and would sunset on January 1,  
          2018. 

                                      BACKGROUND  

          Throughout the last decade, the California Commission on Access  
          to Justice (CCATJ) has released several reports that assert  
          language services are essential to full and fair access to the  
          civil justice system:

             Unless every Californian can fully understand and participate  
             in judicial proceedings affecting his or her legal rights,  
             our courts cannot serve their intended purpose and our  
             democracy cannot keep one of its most important promises.

                                                                (more)



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          In light of its findings, CCATJ has recommended the state:  (1)  
          adopt a comprehensive language access policy for courts; (2)  
          develop specific recommendations for court officials and staff  
          to implement that policy; (3) reevaluate the system for training  
          and certifying interpreters; (4) evaluate the role of lawyers,  
          bar associations, legal services programs, law schools, and law  
          libraries; and (5) compile existing data and conduct further  
          research. (CCATJ Language Barriers to Justice in California  
          Executive Summary  
          <  http://www.calbar.ca.gov/Portals/0/documents/accessJustice/2005_ 
          Language-Barriers_Executive-Summary.7.2.12.pdf  > [as of Apr. 13,  
          2013] at pp. 3-4.)

          Since at least 1992, the Legislature has expressly recognized  
          "that the number of non-English-speaking persons in California  
          is increasing, and recognizes the need to provide equal justice  
          under the law to all California citizens and residents and to  
          provide for their special needs in their relations with the  
          judicial and administrative law system."  (Gov. Code Sec.  
          68560(e); in fact, a similar statement existed in earlier  
          versions of this same section since the section was first  
          enacted in 1978.)  

          Existing California law requires a court interpreter in civil  
          cases for parties who are deaf or have a hearing impairment that  
          prevents them from speaking or understanding English.  The law  
          does not provide a court interpreter for other parties in civil  
          matters who are not proficient in English, such as for those  
          whom primarily speak Spanish, Chinese, Japanese, Arabic, or a  
          variety of other languages.  Likewise, existing law does require  
          an interpreter for witnesses who speak a language other than  
          English, but not for the parties in the case.  Also, even though  
          existing law does allow courts to assign interpreters already  
          employed for criminal and juvenile cases to civil cases (for a  
          fee) when their services are not required in criminal or  
          juvenile cases, interpreters in civil cases are not routinely  
          provided, as a matter of right.  This bill is intended to go  
          some way towards addressing the need for interpreters in civil  
          matters.

          This bill, sponsored by the California Federation of  
          Interpreters, would require the Judicial Council to establish a  
          pilot program to provide certified and registered court  
          interpreters in civil proceedings in up to five courts, as  
          specified, starting July 1, 2014.  This bill would require the  
          pilot courts to provide interpreters first, to parties appearing  
                                                                      



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          in forma pauperis (a phrase indicating the permission given by a  
          court to an indigent person to initiate a legal action without  
          having to pay for court fees or costs due to his or her lack of  
          financial resources) who do not proficiently speak or understand  
          the English language in specified actions or proceedings, and  
          then-if there is sufficient funding and interpreter resources  
          available-in other actions or proceedings or in matters in which  
          the party is not appearing in forma pauperis.  Among other  
          things, the bill would require Judicial Council to report to the  
          Legislature its findings and recommendations on or before  
          September 1, 2017 and would sunset on January 1, 2018.  

                                CHANGES TO EXISTING LAW
           
           Existing law  provides, pursuant to federal and state law, that  
          no person shall, on the basis of race, national origin, ethnic  
          group identification, religion, age, sex, sexual orientation  
          (state law only), color, genetic information (state law only) or  
          disability, be unlawfully excluded from participation in, denied  
          the benefits of, or subjected to discrimination under any  
          program or activity that is funded by the state or receives  
          federal financial assistance.  This includes conduct that has a  
          disproportionate effect upon persons of limited English  
          proficiency. (42 U.S.C. Section 2000d, et seq.; Gov. Code Sec.  
          11135.)
           Existing law  provides that a person unable to understand English  
          who is charged with a crime has a right to an interpreter  
          throughout the proceedings.  (Cal. Const., art. I, Sec.  14.)

           Existing law  provides that every written proceeding in a court  
          of justice in this state shall be in the English language, and  
          judicial proceedings shall be conducted, preserved, and  
          published in no other.  Existing law provides that nothing in  
          this section prohibits a court from providing an unofficial  
          translation of a court order issued pursuant to Code of Civil  
          Procedure Sections 527.6 and 527.8 (which pertain to temporary  
          restraining orders and injunctions in harassment and unlawful  
          violence or credible threats of violence cases).  Existing law  
          also requires the Judicial Council to make available to all  
          courts translations of domestic violence protective order forms  
          for protective orders provided pursuant to Sections 527.6 and  
          527.8 in languages other than English, as it deems appropriate.   
          (Code Civ. Proc. Sec. 185.)

           Existing law  permits the court, in small claims cases, to allow  
          another individual (other than an attorney) to assist a party  
                                                                      



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          that does not speak or understand English sufficiently to  
          comprehend the proceedings or give testimony.  (Code Civ. Proc.  
          Sec. 116.550(c).)

           Existing law  requires each small claims court to make reasonable  
          efforts to maintain and make available to the parties a list of  
          interpreters, as specified, and requires the small claims court  
          to postpone a hearing at least once to allow the party to obtain  
          an interpreter.  (Code Civ. Proc. Sec. 116.550(b), (d).)

           Existing law  requires that, in any civil or criminal action of  
          any kind where a party or witness is deaf or hearing impaired,  
          as defined, the proceedings shall be interpreted in a language  
          that the individual understands by a qualified interpreter  
          appointed by the court or other appointing authority, or as  
          agreed upon.  (Evid. Code Sec. 754.)

           Existing law  provides that in any action or proceeding in  
          specified cases involving domestic violence, parental rights,  
          and marriage dissolution or legal separation involving a  
          protective order, an interpreter must be present to interpret  
          the proceedings in a language that the party understands, and to  
          assist communication between the party and his or her attorney.   
          (Evid. Code Sec. 755(a).)  Existing law provides that this  
          requirement is contingent upon federal funding.  (Evid. Code  
          Sec. 755(e).)

           Existing law  requires, when a witness is incapable of  
          understanding or expressing him or herself in the English  
          language so as to be understood directly by counsel, court, and  
          jury, an interpreter must be sworn to interpret for him or her.   
          (Evid. Code Sec. 752(a).)

           Existing law  requires, when the written characters in a writing  
          offered in evidence are incapable of being deciphered or  
          understood directly, a translator who can decipher the  
          characters or understand the language be sworn to decipher or  
          translate the writing.  (Evid. Code Sec. 753(a).)

           Existing law  requires specified state agencies, boards, and  
          commissions to provide language assistance in adjudicative  
          proceedings.  (Gov. Code Sec. 11435.15)

           Existing law  provides that the court in counties with  
          populations of 900,000 or over may employ as many foreign  
          language interpreters as may be necessary to interpret in  
                                                                      



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          criminal cases, and in juvenile courts, and to translate  
          documents, as specified.  Existing law requires that the court  
          assign interpreters in criminal and juvenile cases when those  
          interpreters are needed.  Existing law permits the court to  
          assign interpreters in civil cases when their services are not  
          required in criminal or juvenile cases and, when so assigned,  
          the court must collect a fee from the litigants.  (Gov. Code  
          Sec. 26806(a)-(c).)

           Existing law  requires that court interpreters' and translators'  
          fees or other compensation be paid (1) in criminal cases, by the  
          court, and (2) in civil cases, by the litigants, as specified.   
          (Gov. Code Sec. 68092.)

           This bill  would require the Judicial Council to establish a  
          working group, on or before June 1, 2014, to review, identify,  
          and develop best practices to provide interpreters in civil  
          actions and proceedings.  The working group, in developing the  
          best practices, must consider ways to maximize the use of  
          existing resources, calendaring issues, and other practices that  
          will assist courts to deploy interpreters effectively in civil  
          proceedings. The best practices must also include training  
          guidelines to be utilized by the courts participating in the  
          pilot project to ensure that court interpreters receive training  
          necessary to be incompliance with the pilot project  
          requirements, as specified.

           This bill  would specify that the composition of the working  
          group must include, among others, representatives of legal  
          organizations representing individuals with limited English  
          proficiency. 

           This bill  would require the Judicial Council to select up to  
          five courts to provide interpreters in civil proceedings, as  
          specified, commencing on July 1, 2014.  The pilot courts must be  
          selected from among those participating in the working group  
          established by Judicial Council, as specified. 

           This bill  would require that the initial pilot courts  
          participate in the pilot project until June 30, 2016.   The  
          Judicial Council, in consultation with the pilot courts, would  
          be required to consider whether a pilot court should continue  
          participating in the project and whether to select another court  
          or additional courts to join the project.  This bill would  
          further require the courts selected to join the project shall  
          participate for three years, or another duration determined by  
                                                                      



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          Judicial Council, in consultation with the pilot courts. 

           This bill  would state that the pilot project shall be conducted  
          for the purpose of creating models for effectively providing  
          interpreters in civil matters, implementing best practices, and  
          ascertaining the need for additional interpreter resources and  
          funding to provide interpreters in civil matters on a statewide  
          basis.  
           This bill  would require the pilot courts to provide interpreters  
          as follows:
           To any party proceeding in forma pauperis who is present and  
            who does not proficiently speak or understand the English  
            language, as specified, in the following types of actions and  
            proceedings: 
             o    actions and proceedings under Section 527.6 of the Code  
               of Civil Procedure (relating to temporary restraining  
               orders and injunctions prohibiting harassment and unlawful  
               violence or credible threats of violence cases);
             o    actions and proceedings brought under the Family Code; 
             o    actions and proceedings relating to unlawful detainer; 
             o    actions and proceedings involving the appointment or  
               termination of a probate guardian or conservator; and
             o    actions or proceedings under the Elder Abuse and  
               Dependent Adult Civil Protection Act, as specified. 
           In any other civil actions or proceedings or in matters in  
            which the party is not appearing in forma pauperis if there is  
            sufficient funding and interpreter resources available to meet  
            all the interpretation needs in the actions and proceedings  
            above. 

           This bill  would also require:
           The pilot courts to develop a methodology for deploying  
            available interpreter resources, including, but not limited  
            to, funds allocated specifically for interpreters.
           The interpreters to be certified or registered, and specified  
            sections of the Evidence Code (generally prohibiting  
            commencement of proceedings without the presence of the  
            interpreter or the presence of any other person to assist a  
            party) shall apply. 

           This bill  would prohibit its provisions from being construed to  
          negate or limit any right to an interpreter in a civil action or  
          proceeding otherwise provided by state or federal law, or from  
          being construed to alter the right of an individual to an  
          interpreter in criminal, juvenile, and other specified  
          proceedings.
                                                                      



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           This bill  would prohibit a reduction in staffing or compromise  
          in quality of interpreting services in criminal, juvenile, or  
          other types of matters in which interpreters are provided, as a  
          result of the bill.

           This bill  would require that the Judicial Council report to the  
          Legislature its findings and recommendations, as specified, on  
          or before September 1, 2017.  Among other things, the report  
          shall also describe, to the extent possible, the impact of the  
          availability of interpreters on access to justice and on court  
          administration and efficiency. 

           This bill  would specify that nothing in the bill shall limit or  
          restrict courts from providing interpreters in civil proceedings  
          when those services are already being provided or in matters in  
          which the judicial officer deems it is necessary to appoint an  
          interpreter.   

           This bill  would specify that nothing in this bill shall alter or  
          negate the applications of specified laws governing the  
          employment of court interpreters. 
           This bill  would sunset on January 1, 2018. 

           This bill  would make various legislative findings and  
          declarations.
          
                                        COMMENT
           
          1.  Stated need for the bill 
          
          According to the author:
          
            The landscape for language access standards nationwide is  
            changing due to the Department of Justice enforcement of  
            language access requirements under federal civil rights laws.   
            Federal regulations state [that] "state court recipients of  
            federal funds must provide language access to individuals with  
            limited English proficiency in all case types for court  
            proceedings and services outside courtrooms."

            California's statutes, policies and practices do not comply  
            with federal standards.  Instead, language access law consists  
            of a patchwork of statutes, rules and policies that are  
            confusing and contradictory.  Interpretations of existing law  
            have resulted in inconsistent access from county to county and  
                                                                      



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            courtroom to courtroom.  

            This lack of uniformity means that many courts are not  
            providing interpreters; thereby putting many vulnerable  
            Californians at a severe disadvantage and unfair access to our  
            court system.

            [This bill] seeks to improve access to California's court  
            system by ensuring that limited English speakers have court  
            interpreters present for civil cases.  People in California  
            with limited English proficiency who seek access to justice in  
            the courts are not provided interpreters in many civil cases -  
            these are cases that affect fundamental rights, such as  
            housing, child custody and consumer disputes. Additionally,  
            language access needs outside of courtrooms are not being  
            fully met through the court system for services and programs  
            related to court proceedings.  This well-recognized problem  
            means that vulnerable populations do not receive equal  
            treatment under the law in California.

            SB 597 establishes a pilot project where [the] Judicial  
            Council would select up to five courts to provide court  
            interpreters in all court proceedings and court services [ . .  
            . ] for a period of two years. The pilot project includes a  
            plan for collection of comprehensive data on language access  
            needs in the pilot courts, identification of persons in need  
            of services and documentation of services provided during the  
            pilot project. All of the information will be reported to the  
            Judicial Council and the Legislature.  [As a result,] SB 597  
            will determine the need for interpreter services in court  
            proceeding[s] and ensure that we are taking the necessary  
            steps to provide all Californians with equal access to our  
            court system.

          2.    The availability of court interpreters in civil matters is  
            an access to justice issue which is complicated by budgetary  
            cuts to the Judicial Branch in recent years  

          This bill would create a pilot project to address critical  
          access to justice issues surrounding the availability of  
          qualified court interpreters in civil proceedings for people who  
          speak limited to no English.  Specifically, this bill would  
          create a pilot project to provide for interpreters in civil  
          proceedings in up to five courts, as specified, for the purpose  
          of creating models for effectively providing interpreters in  
          civil matters, implementing best practices, and ascertaining the  
                                                                      



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          need for additional interpreter resources and funding to provide  
          interpreters in civil matters on a statewide basis.  

          Non-English or limited-English speakers arguably face a unique  
          challenge to accessing justice, particularly if they rely on the  
          courts for a variety of services that they cannot afford to  
          provide to themselves.  Namely, even if the courts were to once  
          again receive sufficient funding to retain staff, keep their  
          courthouse doors open, and provide free legal assistance to  
          those in need, there would remain yet another fundamental  
          barrier between a non-English or limited-English speaker and  
          justice: language.  

          While hard work and practice can help some to speak the language  
          conversationally, the ability to proficiently express oneself in  
          courtrooms and in court documents, and the ability to understand  
          what is being said in those settings, may be an unattainable for  
          a person who has spent a significant portion of their lives in  
          another country.  In this way, the language barrier arguably can  
          operate similar to a physical disability, insofar as it can in  
          actuality quite often be immutable for large segments of the  
          population.  

          This is somewhat compounded by the fact that the court system,  
          while in English, arguably operates on a language of its own and  
          can, as a result, be extremely difficult to navigate even for a  
          native speaker of English.  Even those fluent in English often  
          require translators of sorts- attorneys.  In fact, for those  
          representing themselves, the courts recognize the need to  
          provide legal aid and other services to ensure that access is  
          meaningful for those groups because it can be daunting for a  
          layperson.  Even for a limited-English or non-English speaker  
          with an attorney it is virtually impossible to participate in  
          court proceedings without proper assistance of someone who  
          understands and speaks both languages with adequate proficiency.  


          Current California laws provide for interpreters in civil cases  
          in very limited circumstances, including for those with hearing  
          disabilities, but not for those who are not proficient in  
          English.  (See Evid. Code Sec. 754; see also Evid. Code Sec.  
          752(a); Gov. Code Sec. 11435.15.)  "As a result," as noted by  
          the California Commission on Access to Justice report, "the  
          courts often must rely on untrained interpreters - in some civil  
          and family law cases, even family members or children - which  
          can lead to faulty translations and threaten the court's ability  
                                                                      



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          to ensure justice."  (CCATJ Language Barriers to Justice in  
          California Executive Summary (hereinafter, CCATJ Report)  
          <  http://www.calbar.ca.gov/Portals/0/documents/accessJustice/2005_ 
          Language-Barriers_Executive-Summary.7.2.12.pdf  > [as of Apr. 13,  
          2013] at p. 2; see also, for example, Code Civ. Proc. Sec.  
          116.550(c).)  As a matter of public policy, such translations  
          raise significant concerns because faulty translations can have  
          a direct and adverse impact on the outcome of a proceeding.   
          Yet, without court-funded interpreter services or sufficient  
          money to pay for a private interpreter, the alternative of  
          allowing for no translation assistance is arguably worse.    
          Regardless, having inadequate translation services of any sort  
          can easily be devastating, particularly in cases involving  
          family law (such as child custody matters), property law (such  
          as eviction actions), or employment law (such as wage and hour  
          cases), among others.  

          On the other hand, it is important to note that the courts, too,  
                                                                                  are placed in a nearly impossible situation when funding is  
          reduced, to choose between shutting down courtrooms and  
          providing additional services.  (See CCAJT Report at p. 2.)   
          Though the access to justice issues facing limited or  
          non-English speakers has been a subject of study for at least  
          the last decade by the CCATJ, California courts face a variety  
          of access issues that in recent years due to budgetary cuts in  
          recent years.  

          The pilot project created by this bill, while only temporary for  
          a limited number of courts and cases, could feasibly provide a  
          roadmap of how to find a balanced approach to these competing  
          issues and improve access to justice for this particularly  
          vulnerable population.  The sponsor of this bill, California  
          Federation of Interpreters, notes that:

            [ . . . ] Funds appropriated by the [L]egislature for court  
            interpreter services have not been used to their fullest  
            capacity and as a result, over the years, a surplus has grown.  
            This pattern of unspent funds should not be taken to mean that  
            the actual need for interpreter services is being fully met,  
            or that the funds are not needed.
             
            The courts and Judicial Council have, in the past, cited  
            insufficient funding and have made language access to the  
            civil courts contingent on receiving new funding. While there  
            is no question that new money will be required to fully cover  
            interpreter needs, the use of existing resources and  
                                                                      



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            efficiencies must be considered and explored since this could  
            significantly mitigate costs. Use of the unspent funds will  
            move California closer to meeting language access needs.

           3.Prioritizing the civil actions in which court interpreters  
            would be provided 
           
          This bill would set priorities for the provision of interpreter  
          services among various parties and types of civil actions and  
          proceedings.  First, the pilot courts are required to provide  
          court interpreters to parties appearing in forma pauperis in  
          specified types of actions and proceedings, namely: actions and  
          proceedings involving harassment under the Code of Civil  
          Procedure; actions and proceedings brought under the Family  
          Code; actions and proceedings involving the appointment or  
          termination of a probate guardian or conservator; and actions or  
          proceedings under the Elder Abuse and Dependent Adult Civil  
          Protection Act, as specified.  Then, the pilot courts are  
          required to provide interpreters in other civil actions or  
          proceedings or in matters in which the party is not appearing in  
          forma pauperis, if there is sufficient funding and interpreter  
          resources available to meet all the interpretation needs of the  
          actions and proceedings listed above. 

          Staff notes that "forma pauperis" is a phrase that indicates the  
          permission given by a court to an indigent person to initiate a  
          legal action without having to pay for court fees or costs due  
          to his or her lack of financial resources. As a matter of public  
          policy, given the limited resources and interpreters available  
          to be provided by the court, it appears justified to prioritize  
          the provision of interpreters to those persons who do not have  
          the financial ability to pay for interpreters themselves over  
          other parties.  While it does seem possible that there will be  
          other parties who may not have the financial ability to provide  
          for their own interpreter (but who do not qualify to appear in  
          forma pauperis), parties appearing in forma pauperis are  
          arguably the most readily identifiable group that will be unable  
          to overcome the language barrier without the courts' assistance.  
           It is, therefore, important to secure their access to  
          interpreters first. 

          4.    This bill was recently amended to include a working group  
            and efforts are ongoing to address funding concerns
           
          This bill would additionally require the Judicial Council to  
          create a working group, on or before June 1, 2014, to review,  
                                                                      



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          identify and develop best practices to provide interpreters in  
          civil actions and proceedings that shall be used to carry out  
          the pilot project created by this bill.  In developing best  
          practices, this bill would require the working group to consider  
          ways to maximize the use of existing resources, calendaring  
          issues, and other practices that will assist courts in deploying  
          interpreters effectively in civil proceedings.  This bill would  
          also require the Judicial Council to report to the Legislature  
          its findings and recommendations based on the experiences of the  
          pilot program on or before September 1, 2017.  (As discussed  
          further in Comment 6 below, in order to provide the Legislature  
          sufficient time to evaluate those findings and recommendations,  
          the bill should be amended to require that the Legislature  
          receive the report one year prior to the sunset date.)  

          Committee staff notes this bill is, in fact, similar to a prior  
          bill passed by this Legislature-AB 3050 (Assembly Judiciary  
          Committee, 2008).  AB 3050 would have, among other things, also  
          established a Judicial Council working group and pilot program  
          to provide court interpreters in specified civil proceedings in  
          up to five courts, for any party proceeding in forma pauperis  
          who is present and who does not speak or understand English  
          proficiently enough for the purpose of understanding court  
          proceedings.  That bill also would have required the working  
          group to consider ways in which to maximize the use of existing  
          resources, calendaring issues, the effective use of technology,  
          and other practices that will assist courts to deploy  
          interpreters effectively in civil proceedings.  AB 3050 was  
          ultimately vetoed by Governor Schwarzenegger, not on the  
          substance of the bill but, rather, because he was only signing  
          bills of the highest priority due to the delay in passing a  
          budget that year. 

          While the Judicial Council was supportive of AB 3050, there are  
          some differences between this bill and AB 3050 and, accordingly,  
          the Judicial Council is in a "support if amended" position on  
          this bill.  The Judicial Council writes that it "remains in  
          support of the concept of piloting the provision of interpreter  
          services in civil proceedings, but cannot support SB 597 unless  
          a clear funding source is identified, the pilot courts  
          responsibility to comply with the requirements of the pilot are  
          limited to the amount of that funding and the available pool of  
          interpreters, and the pilot contains language specifically  
          authorizing the use of technology in providing the required  
          services. " 

                                                                      



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          On the issue of technology, unlike AB 3050, this bill does not  
          expressly require that the working group consider the effective  
          use of technology in developing best practices.  However, staff  
          notes that the effective use of technology would theoretically  
          be encompassed by the requirement that the working group  
          consider ways "to maximize the use of existing resources [ . . .  
          ] or other practices that will assist courts to deploy  
          interpreters effectively in civil proceedings."  

          The larger issue raised by the Judicial Council is the  
          importance of clarifying the funding source for the pilot  
          project.  In light of budget cuts to the courts in recent years,  
          identifying that funding is important to prevent the redirection  
          of funds from other services to this project.  

          If this bill were to be approved by this Committee, the author  
          and sponsor have expressed to Committee staff that they will  
          continue to work with Judicial Council to amend the bill to  
          include language that the project, including the cost of  
          administration and preparation of the report to the Legislature,  
          shall be funded from the unspent funds accrued from prior year  
          appropriations for interpreter services in the Budget Act.  The  
          Judicial Council adds that, "[t]o make the pilots workable in  
          the current resource limited times, language must be added to  
          limit the responsibility of the pilot courts to provide  
          interpreter services to those which can be provided within the  
          funding amount, and to acknowledge that courts may not be able  
          to provide a qualified interpreter in some matters due to a  
          shortage of interpreters."  Committee staff also notes that if  
          such language were added to the bill, it could arguably reduce  
          the possibility that funds would have to be redirected from  
          other services to this pilot project.   
           
          5.   Suggested Amendments  

          The following amendment is suggested to clarify one of the  
          bill's findings and declarations:

             Suggested amendment

             On page 2, line 24-28, strike "People with limited English  
            proficiency are also often members of groups whose cultural  
            traits or economic circumstances make them more likely to be  
            subjected to legal problems, in part because perpetrators  
            recognize their victims' limited ability to access judicial  
            protection" and insert, "People with limited English  
                                                                      



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            proficiency are also more likely to be in need of court  
            intervention to protect their legal rights, in part because  
            perpetrators capitalize on the particular vulnerability of  
            this class of persons that is posed by various barriers that  
            stand between them and judicial protection, including both  
            economic and language barriers." 

          Also, this bill contains a January 1, 2018 sunset date for both  
          the working group and the provisions that relate to the  
          authorization for, and requirements of, the pilot project.  The  
          bill, however, requires that the initial pilot courts  
          participate in the pilot project until June 30, 2016, at which  
          point the Judicial Council, in consultation with the pilot  
          courts, is required to consider whether a pilot court will  
          continue and whether to select another court or additional  
          courts to join the project.  Those courts selected to join the  
          project would be required to participate for three years, or  
          another duration determined by the Judicial Council in  
          consultation with the pilot courts.  As a result, it is  
          seemingly possible that a pilot court could be added to the  
          project, for example, on July 1, 2016, and whose three year term  
          would expire on July 1, 2019.   

          This inadvertent discrepancy appears to be because this bill is  
          modeled, to a degree, upon AB 3050 (Assembly Judiciary  
          Committee, 2008) but that bill did not contain a sunset date for  
          these provisions.  The following amendment would address this  
          discrepancy: 

             Suggested amendment  :

            On page 7, line 10, strike "2018" and insert "2020"

          Accordingly, the deadline for the proposed Judicial Council  
          report to the Legislature should also be amended.  Currently,  
          this bill would require the Judicial Council to report to the  
          Legislature its findings and recommendations based on the  
          experiences of the pilot program on or before September 1, 2017.  
           Committee staff notes that the Legislature should be given at  
          least one year to evaluate the report before the sunset expires.  
           With the sunset now having been moved to January 1, 2020 per  
          the above suggestion, the proposed deadline for the Judicial  
          Council report to the Legislature should be moved to January 1,  
          2019, as follows:  

             Suggested amendment  :
                                                                      



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            On page 6, line 22, strike "September 1, 2017" and insert  
          "January 1, 2019"

          Finally, the following amendment would correct a drafting error  
          in the bill with respect to the sunset date for the working  
          group provisions, and incorporate the January 1, 2020 sunset  
          date discussed above: 

             Technical amendment
             
            On page 7, line 10, strike "2018" and insert "2020"
           Support  :  Asian American Center for Advancing Justice; Asian  
          Americans for Civil Rights and Equality; California Immigrant  
          Policy Center; California Rural Legal Assistance Foundation;  
          Judicial Council of California (support if funded and amended)

           Opposition  :  None Known 

                                        HISTORY
           
           Source  :  California Federation of Interpreters

           Related Pending Legislation  :  AB 1127 (Chau, 2013) would, on or  
          before March 1, 2014, require the Judicial Council to establish  
          the California Language Access Task Force, which would be  
          responsible for developing a comprehensive statewide Language  
          Access Plan for use by courts to address the needs of  
          limited-English-proficient individuals, as specified.   The bill  
          is currently in the Assembly Judiciary Committee and is set to  
          be heard on April 30, 2015. 

           Prior Legislation  :

          AB 3050 (Assembly Judiciary Committee, 2008) See Comment 4. 

          AB 1726 (Assembly Judiciary Committee, 2007), virtually  
          identical to AB 2302 below, would have required the courts to  
          provide interpreters when needed in family law, domestic  
          violence and other civil matters, as specified.  This bill died  
          in Assembly Appropriations Committee on the suspense file. 

          AB 2302 (Assembly Judiciary Committee, 2006) would have required  
          the courts to provide interpreters when needed in family law,  
          domestic violence, and other civil matters, as specified.  This  
          bill was vetoed out of stated budgetary concerns.  
                                                                      



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