By Rachel M. Lazarus | Gwinnett has more primary languages spoken than any other county in Georgia, and that has a huge impact on access to justice. According to the last census, 33 percent of Gwinnett households speak more than 100 different languages other than English as their primary language. Without the ability to speak and be understood, Limited English Proficiency (LEP) is one of the biggest barriers people face when accessing the justice system.
Lazarus
While most agencies and courts have access to Spanish translators, there are few, if any, translators in more obscure languages. At Legal Aid, two years ago, we had a client who spoke Ibo, a Nigerian dialect. There are no certified Ibo court translators in the state of Georgia. Court had to be postponed again and again while they searched for a certified translator, preventing this woman, a survivor of domestic violence living without support from her husband, from getting a divorce.
Sometimes officials turn to family members as translators. Many times young children are the ones who speak both languages fluently. This is a terrible burden for young kids, and many parents can’t open up in front of them. Other family members can also be a problem.
I worked on a domestic violence case in which the police had been called to the home numerous times, and every time, they reported, the wife said everything was fine and her husband was a good man. We were curious about the police reports because the client we saw only spoke an Afghani dialect. Upon further investigation, we discovered the woman’s mother-in-law—the perpetrator’s mother—was acting as the translator.
This is not a matter of not learning English—many speak some English. However, there is a huge difference between being able to get by at a store or at work, and being able to describe a crime against you or to plead for custody of your kids. When the stakes—and the stress—are high, we all want to revert to our primary language.
There have been huge improvements in this area. A Georgia Supreme Court rule now requires courts to provide interpreters for litigants. However, this is expensive for the court, and many judges will only do so when a litigant requests it—a tough feat for someone who doesn’t speak English. Moreover, while a litigant may speak English, he or she may be on their own finding an interpreter for a key witness.
As a community, we must encourage law enforcement and courts to use telephone translation services, such as AT&Ts Language Line or non-profit services such as Ethnic Bridge, which are readily available. Interpreters must be seen as a necessity, not a luxury.
Our justice system is premised on the idea that all people have a right to be heard before the court.
However, when a litigant cannot understand the judge or be understood; when high stress and high stakes tie people’s tongues; when a person’s ability to express himself is curtailed, then there is no justice at all.
Rachel M. Lazarus is director of the Gwinnett Pro Bono Project for the Atlanta Legal Aid Society.
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