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After a federal investigation found issues that impeded court access for non-English speakers, New Jersey’s court system will take steps to remove language barriers for individuals with limited English proficiency, according to authorities.

As part of a resolution announced Aug. 15 by the U.S. Attorney’s Office and the Department of Justice’s Civil Rights Division, the judiciary agreed to several actions, such as:

• Translating vital court forms and materials and making them available for distribution at courthouses
• Developing mandatory language access training for its courts

The agreement stemmed from an investigation into an accusation that Monmouth Vicinage courts discriminated against court users with LEP based on their national origins.

Under Title VI of the Civil Rights Act of 1964, recipients of federal financial assistance, such as the New Jersey Judiciary, are prohibited from discrimination based upon race, color or national origin.

In its investigation, the U.S. Attorney’s Office and Justice Department found that Monmouth Vicinage Courts impeded access for non-English speakers from 2019 through 2023 by:

• Refusing to provide an interpreter for assistance with forms
• Failing to translate or explain vital documents
• Not adequately informing staff of language access policies and procedures

As part of the resolution, the judiciary will pay $87,718 to a court employee who claimed that Monmouth Vicinage Courts retaliated against them for complaining to the Justice Department about the alleged violations.

The courts will also provide Title VI retaliation training, as well as issue public notices that explain the Title VI nonretaliation policy and complaint process in non-English languages.

Next steps

By Sept. 12, the judiciary must provide a list of reforms to improve access for residents with limited English proficiency, according to the agreement. Then, it must implement them no more than 120 days after they are approved by the Justice Department.

Additionally, the U.S. Attorney’s Office and Justice Department will monitor the changes for two years.

In a statement, Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division, said, “People with limited English proficiency can lose their children, homes and fundamental rights when they face language barriers in our court systems. The Civil Rights Division will continue fighting to ensure that courts remove language barriers for the public.”

U.S. Attorney Philip Sellinger added, “Dispensing justice fairly and equitably is a cornerstone of our democratic system. We remain committed to ensuring that all litigants in New Jersey have equal access to New Jersey’s court system regardless of language barriers. This agreement will ensure that limited English court users will have equal access to the New Jersey state courts in Monmouth County.”

“The Judiciary, like the Department of Justice, is committed to ensuring equal access to the courts for all,” Pete McAleer, state courts spokesman, said in a statement. “Many of the improvements detailed in the memorandum were already in place. As the memorandum acknowledges, the Monmouth Vicinage has undertaken considerable efforts to ensure meaningful access for LEP individuals – and it will continue to comply with all of the requirements set forth in Judiciary policies and the memorandum.”

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