FirstJudicialDistrictofPennsylvania
CourtReporter,DigitalRecordingandInterpreterAdministration
JosephH.Evers,DistrictCourtAdministrator
JanetC.Fasy,DeputyCourtAdministrator
LANGUAGE ACCESS PLAN
100SouthBroadStreet
SecondFloor,LandTitleBuilding
Philadelphia,PA19110‐1004
(215)683‐8000
Fax(215)683‐8005
LAP Working Group:
Judge Ida Chen
Janet C. Fasy
Ben Tilghman, Esq.
Draft: 4.7.14
Revised: 5.30.14
Updated: 6.13.14
Updated: 1.23.15
Updated: 3.6.17
The First Judicial District Language Access Plan
Table of Contents
I. INTRODUCTION .................................................................... 1
A. Definitions ......................................................................... 1
B. The First Judicial District’s Commitment to Language Access ..... 2
C. Legal Basis and Purpose ...................................................... 2
D. History of Language Access in the First Judicial District ............ 6
II. NEEDS ASSESSMENT: Four-Factor Analysis Required by the
Department of Justice ......................................................... 10
A. Demography .................................................................... 10
B. Frequency of Contact ........................................................ 16
C. Costs .............................................................................. 18
D. Importance ...................................................................... 19
E. Resources ……………………………………………………………………………………20
III. LANGUAGE ACCESS INITIATIVES ........................................ 21
A. Early Training Programs Conducted by the FJD ..................... 21
B. Recent Collaborations with Widener University School of Law .. 23
C. FJD Training with Court Personnel ....................................... 23
D. FJD’s Participation in Training Programs for Judges ................ 24
E. Presenza Protocol and Cue Card .......................................... 25
F. Deputy Court Administrator Fasy – Speaking Engagements,
Training, and Consulting .................................................... 25
G. Translation of Documents
H. FJD Translation Style Manual Created 2009 by The Honorable
Judge Ida Chen ................................................................ 25
I. Staff Training for Court Officers in Municipal, Family, and
Juvenile Courts ................................................................. 26
J. FJD’s Shadowing Program .................................................. 27
K. Pilot Program for Bilingual Court Employees ......................... 29
IV. OUTREACH AND COLLABORATION WITH LEP COMMUNITIES
AND STAKEHOLDERS ........................................................... 31
A. Community Outreach ........................................................ 31
B. Collaboration with Stakeholders .......................................... 31
V. CURRENT LANGUAGE ACCESS SERVICES ............................. 37
A. “I Speak Cards” ................................................................ 37
B. Online Resources ............................................................. 37
C. Interpreters .................................................................... 37
D. Assigning, Coordinating, and Deploying Interpreters .............. 31
E. Translated Materials ......................................................... 43
VI. MONITORING, UPDATING, AND ENFORCING COMPLIANCE . 47
A. Prioritizing Future Action .................................................... 47
B. Assessment of Procedures/Updating Policies ......................... 47
C. Feedback Procedure .......................................................... 48
VII. FUNDING............................................................................. 49
VIII. PLANNING FOR FUTURE ACTION ......................................... 52
A. Short-term Goals .............................................................. 52
B. Long-term Goals ............................................................... 56
IX. CONTACT INFORMATION ..................................................... 60
X. EXHIBITS ............................................................................ 61
A. The Presenza Protocol
B. Style Manual for the Translation of Legal Documents in the First
Judicial District
C. Regional Court Interpreter Skills Development Workshop:
Training Agenda 2013
D. First Judicial District Shadowing Program: Draft Agenda, 2014
E. Presenza Cue Card
F. Bench Card for Judges Working with Spoken Language and Sign
Language Interpreters
G. Photographs of I Speak Posters Found in the Courthouses of the
First Judicial District
H. 2016 Interpreter Statistics for the First Judicial District
I. English Interpreter Request Form for the First Judicial District
J. Spanish Interpreter Request Form for the First Judicial District
K. Sample Printout of the First Judicial District’s Case Management
Database for Daily Deployment of Interpreters
L. First Judicial District of Pennsylvania Language Access Complaint
Form
I. INTRODUCTION
This Language Access Plan outlines the First Judicial District of Pennsylvania’s language
access mission, initiatives, services, processes, and plans.
The First Judicial District’s language access goal is to ensure that every individual receives
equal service in spirit as well as law which it continually strives to achieve as evidenced by its
commitment to providing services above and beyond legal requirements; the ongoing, 15-
year collaboration with stakeholders to create innovative programs which benefit “limited
English proficient” communities; an open and responsive planning process; and a vision for
future action that seeks to transform the Court’s culture and awareness in addition to
providing outstanding services.
A. Definitions
Court Operations – Offices, programs and services managed, controlled, contracted or funded
by the court, other than court proceedings, with which the public, parties, or witnesses may
have contact in connection with a potential or actual legal issue, claim, matter, or proceeding.
Examples can include, but are not limited to, intake or filing offices, cashiers, records rooms,
pro se clinics, and other similar operations.
Court Proceedings – Civil and criminal hearings and trials, including court-annexed processes
or proceedings.
Interpreter- An individual who has received training in the skills of interpretation and can
competently render a message spoken from one language into one or more other languages.
Limited English Proficient (LEP) – Individuals for whom English is not the primary language or
who may have a limited ability to read, write, speak, or understand English, are limited English
proficient, or ‘‘LEP.”
Language Access Plan (LAP) – The plan is a management document that outlines how the
court defines tasks, sets deadlines and priorities, assigns responsibility, and allocates the
resources necessary to come into or maintain compliance with language access requirements.
Language Access Policies – Policies that set forth standards, operating principles, and
guidelines that govern the delivery of language appropriate services in court proceedings and
operations by the court and court staff.
Language Access Procedures – Procedures that specify for court staff the steps to follow to
provide language assistance services, gather data, and deliver services to LEP individuals.
Language Assistance Services – Oral communication by competent bilingual staff or assisted
by an authorized interpreter and written communication assisted by translation.
Provide/Provided/Providing an Interpreter – Means appointing an interpreter free of charge
to an LEP individual.
Sight Translation – The reading of text written in one language by a competent interpreter
who orally translates it into another language.
Translator – An individual who has received training in the skills of translation and can
competently render written text from one language into one or more other languages.
Vital Documents – A document will be considered vital and need to be translated if it contains
information critical for obtaining access to court or it is required by law. Some examples of
vital documents that courts may need to translate to ensure that LEP individuals are provided
meaningful access can include applications, court forms, consent or complaint forms, notices
of rights, and letters or notices that require a response.
B. The First Judicial District’s Commitment to Language
Access
“Language Access is a bottom-line issue.”
-Janet Fasy, Deputy Court Administrator of the First Judicial District
All persons are entitled to equal, meaningful access to justice. Toward that end, the First
Judicial District (“FJD”) has undertaken multiple initiatives with various partners over the past
15 years. These initiatives have increased the quality, availability, reliability, and awareness
of language access throughout the district. It is the FJD’s goal to ensure that every individual
receives equal service in spirit as well as law.
C. Legal Basis and Purpose
LEGAL BASIS
The First Judicial District must comply with both federal and state laws and regulations
pertaining to language access.
Under federal law, programs receiving federal financial assistance are prohibited from
discriminating against any persons based on their national origin or language. Therefore,
limited English proficient individuals must have meaningful access to the judicial system.
Court administrators must also comply with requirements in both the Pennsylvania
Consolidated Statutes and the Pennsylvania Code—the Commonwealth’s administrative
regulations. These laws and regulations mandate minimum requirements for language access
which the FJD is committed to exceeding.
Federal Law
Section 601 of Title VI of the Civil Rights Act of 1964 provides that “No person in the
United States shall, on the ground of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.”
1
On August 11, 2000, the President
signed Executive Order 13166, “Improving Access to Services for Persons with Limited English
Proficiency” which explicitly states that services inaccessible to LEP persons constitutes
“discrimination on the basis of national origin in violation of title VI of the Civil Rights Act of
1964.”
2
Federal agencies were ordered to prepare language access plans, detailing steps the
agency will take to ensure meaningful access to their services.
On June 18, 2002, the U.S. Department of Justice (“DOJ”) strongly recommended all
recipients of federal DOJ funds to create language access plans
3
following the standards set
forth prior in “Enforcement of Title VI of the Civil Rights Act of 1964—National Origin
Discrimination Against Persons With Limited English Proficiency; Policy Guidance”, 65 Fed.
Reg. 50123 (Aug. 16, 2000)
4
.
State Laws and Regulations
The Pennsylvania Consolidated Statutes, 42 Pa C.S. § 4411 et seq., and § 4431 et
seq.,
5
(“Pa.C.S.”) authorize court administrators in the Commonwealth to establish interpreter
programs within their district, including testing and certification procedures for interpreters,
fees for testing and certification, continuing education requirements, and reciprocity of
certification among others. The court administrator must keep a roster of certified
interpreters. If the presiding judicial officer determines that a principal party in interest or
witness is LEP, a certified interpreter—who shall receive a reasonable fee—must be provided
at cost to the county. Funding is provided by the General Assembly as available.
The Pennsylvania Code, 204 Pa. Code, Ch. 221,
6
is Pennsylvania’s administrative
regulations relating to interpreters for LEP persons. It contains strict, detailed requirements
for certification of interpreters, including an orientation workshop, exam requirements, and
rules of professional conduct as well as disciplinary protocol.
1
42U.S.C.§2000d.
2
“ImprovingAccesstoServicesforPersonswithLimitedEnglishProficiency.”Exec..OrderNo.13,166,65Fed.Reg.
50119at1(Aug.16,2000).Availableathttp://www.gpo.gov/fdsys/pkg/FR‐2000‐08‐16/pdf/00‐20938.pdf.
3
“GuidancetoFederalFinancialAssistanceRecipientsRegardingTitleVIProhibitionAgainstNationalOrigin
DiscriminationAffectingLimitedEnglishProficientPersons”,67Fed.Reg.41455(June18,2002).Availableat
http://www.gpo.gov/fdsys/pkg/FR‐2002‐06‐18/pdf/02‐15207.pdf.
4
Availableathttp://www.gpo.gov/fdsys/pkg/FR‐2000‐08‐16/pdf/00‐20867.pdf.
5
Availableathttp://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42.
6
Availableathttp://www.pacode.com/secure/data/204/chapter221/chap221toc.html.
Coverage
By state regulation, interpreter services must only be provided to LEP persons who are
principal parties of interest, witnesses, or direct victims in a proceeding.
7
However, this rule
does not provide for services during court operations (i.e. filing petitions, telephone or email
correspondence, online materials) or for family members, who are neither victims nor
witnesses, of a minor principal party of interest.
In accordance with regulation, the FJD provides interpreters to LEP persons in all civil,
criminal, and municipal matters who are principal parties of interest, witnesses, or direct
victims in a proceeding.
However, the FJD is dedicated to providing access to the entirety of the court
system because of the nature and importance of the services provided. As a result,
it is the policy of the First Judicial District to also provide interpreters for direct
family members (who are neither victims nor witnesses) in the audience of a
proceeding for a minor who is a principal party of interest (i.e. juvenile
delinquency). The FJD strongly believes that parents and legal guardians of minors
should receive language services to understand proceedings which could
significantly alter their children’s lives.
In addition, language access services via an in-house interpreter, on the
telephone, or by e-mail are available for all court operations. This includes
individuals seeking directions or filing an emergency Protection from Abuse
petition—a 24-hour-a-day service when court is closed. In short, language services
are available for every person attempting to contact any one of the twelve locations
covered by the FJD for any reason.
For the First Judicial District, given the unique importance of the Court’s
services and resources available, these policies most reasonably uphold and assert
both the law and spirit of equal access.
Cost
The county or appellate court is required to cover the cost of language assistance in the
following situations:
8
Principal party in interest – All proceedings
Witnesses – Criminal or juvenile proceeding
Deaf/Hard of Hearing – All proceedings
All other fees may be assessed at the discretion of the presiding judicial officer. However,
fees which the county or court is required to cover may not be reassigned to a losing party or
otherwise.
7
204Pa.Code§201.
8
204Pa.Code§§107‐8.
Out of serious commitment to reasonable language access, the FJD does not charge for
services in any court proceeding or court operation. All costs are assessed to the court budget.
Assigning Interpreters
Remote interpretation is permitted in various forms, but the Pennsylvania Code requires
that a certified or otherwise qualified interpreter must be sought prior to considering other
forms of interpretation.
9
If an in-person interpreter cannot be found, simultaneous audiovisual interpretation
technology may be used including video-conferencing, closed-circuit television, or web-based
cameras. However, the judicial proceeding must be non-evidentiary, expected to be no more
than 30 minutes in duration, and may not involve more than one interpreter.
If in-person and audiovisual interpretation is unavailable, telephonic interpretation may
be used under the same restrictions as those imposed on audiovisual interpretation. In the
event that a certified or otherwise qualified interpreter is unavailable for telephonic
interpretation, the court may utilize a commercial telephone interpreter service.
In certain proceedings, remote technology may be utilized initially without seeking to
obtain in-person interpretation: preliminary arraignments pursuant to Rule of Criminal
Procedure 540 and proceedings for emergency orders under the Protection from Abuse Act
(23 Pa.C.S. § 6101 et seq.) and the Older Adults Protective Services Act (35 P.S. § 10225.101
et seq.).
The FJD adheres to these regulations in regard to assigning interpreters for proceedings.
In-house interpreters assist in court operations where possible or certified or otherwise
qualified telephonic interpreters are utilized.
PURPOSE
Given the frequency of contact with and size and diversity of the LEP population which it
serves, the FJD—a recipient of federal funds—takes seriously the DOJ’s strong
recommendation to create and routinely update a language access plan. The purpose of this
document is to provide a public framework for efficient, effective, and meaningful access to
court services for people with limited English proficiency in the First Judicial District.
9
204Pa.Code§104.
D. History of Language Access in the First Judicial
District
The Administrative Office of Pennsylvania Courts (AOPC) was established in 1969 as the
administrative arm of the Pennsylvania Supreme Court. Within the AOPC is the Judicial
Programs Department which operates an interpreters program for the benefit of non-English
speaking and hearing impaired individuals during court proceedings. The program sets
training, testing and certification standards for foreign language and sign interpreters.
The requirement for certified and otherwise qualified interpreters was a recommendation
set forth in the “Report on Racial and Gender Bias in the Justice System”, issued in March
2003, by the Pennsylvania Interbranch Commission for Gender, Racial, and Ethnic Fairness,
a part of the Supreme Court of Pennsylvania. The enabling legislation, Act 172 of 2006, was
passed by the General Assembly and signed by the Governor on November 29, 2006. Based
on the best practice model established by the National Center for State Court's Consortium
for Language Access in the Courts which Pennsylvania joined in September of 2004, the
Supreme Court of Pennsylvania proactively charged the Court Administrator with the task of
organizing and launching the Interpreter Certification Program (ICP) within the Judicial
Programs Department of the AOPC.
The program's main goal is the creation of a statewide roster of qualified and certified
interpreters and assisting the sixty judicial districts in the implementation of effective
management strategies for providing interpreter services. This goal is achieved through the
completion of a testing program to measure interpreter qualifications and skills, knowledge
of the judicial system, and adherence to standards of professional conduct.
THE FIRST JUDICIAL DISTRICT’S UNIQUE INVOLVEMENT IN THE SUPREME COURT’S
GENDER & BIAS STUDY
At this juncture, a little background on the First Judicial District’s unique involvement
in studying the problem of language access will provide a historical perspective and an insight
as to the FJD’s continuing interest and demonstrated commitment to serving litigants with
limited English proficiency.
AT THE INAUGURAL MEETING OF THE COMMITTEE, AN UNANTICIPATED SUBJECT IS
RAISED
In 1999, Chief Justice Stephen A. Zappala established the Committee on Racial &
Gender Bias in the Justice System, which was chaired by Dean Nicholas P. Carfardi, who at
that time, was the Dean of Duquesne Law School in Pittsburgh.
At the inaugural meeting, Commission member Judge Ida Chen, raised the importance
of language access and respectfully inquired whether the Committee would study the issue.
Judge Ida Chen, a member of Philadelphia’s Court of Common Pleas, was born in Hong Kong
and immigrated to the United States. As a judge in the Family Court, she had encountered
numerous experiences with litigants, many of whom were self-represented, and possessed
limited English speaking skills.
During the meeting, she reflected that judges in the First Judicial District, had, from
time to time, addressed the issue of language access. Judges whom she recalled, had played
a prominent role in ensuring that the court system employed full time interpreters in the
Spanish language were: Judge Nelson Diaz, a former Administrative Judge of the Trial
Division of the Court of Common Pleas and who also served on the Gender & Racial Bias
Committee, and Judge Lydia Kirkland of the Philadelphia Municipal Court, to name just a few.
A WORKING COMMITTEE WITH EXPERIENCE REGARDING LANGUAGE ACCESS
ISSUES WAS FORMED
To study the language diversity of the courts and to find ways to address the barriers
to equal access to justice, it was suggested by Judge Chen that a “Working Committee” be
formed.
Realizing that she did not have the expertise to examine the many different facets of
the language access issue, she nominated Deputy Court Administrator Janet Fasy, full-time
Family Court Interpreter Osvaldo Aviles and Quan Pham, proprietor of the interpreter and
translation company, Quantum, Inc., to serve on the Working Committee.
Judge Chen recalls that the following served with distinction on the Working
Committee, which was chaired by Quan Pham:
-Osvaldo R. Aviles, Court Interpreter, Family Court
-Pedro Cortes, Esq., Executive Director, Governor’s Advisory Commission on
Latino Affairs
-Janet Fasy, Deputy Court Administrator, First Judicial District
-Quan Pham, Interpreter & Proprietor, Quantum Inc.
-Art Read, Esq., General Counsel, Friends of Farm Workers
-Paul Uyehara, Esq., Senior Staff Attorney, Language Access Project,
Community Legal Services
THE WORK OF THE COMMITTEE’S EXECUTIVE DIRECTOR WAS INSTRUMENTAL IN
FORMULATING POLICY RECOMMENDATIONS & ACTIONS FOR IMPLEMENTATION
Very importantly, the Working Committee was supported by the Committee’s
Executive Director, Lisette McCormick, Esq., who deftly guided the Committee to its final
publication, a compendium of recommendations and suggestions for best practices in areas
affecting gender, racial and ethnic fairness.
A REQUEST AT THE FINAL MEETING OF THE COMMITTEE TO PROMINENTLY
POSITION THE ISSUE OF LANGUAGE ACCESS
At the final meeting of the Committee on Racial & Gender Bias in the Justice System,
Judge Chen respectfully requested that the chapter devoted to language access be designated
as “Chapter 1”, to signal its importance within the panoply of significant legal issues addressed
in the Final Report and to underscore the potential for achieving many of the
recommendations cited in the report.
Chapter 1 of the publication, “Litigants with Limited English Proficiency”, provided a
legal analysis of the barriers to equal access, public hearing testimony regarding the problems
faced by non-English speaking litigants seeking their “day in court”, information contained in
a survey conducted by the Pennsylvania Association of Court Managers (PACM), demographic
and statistical data regarding the diversity of languages spoken in Pennsylvania, and very
importantly, the findings and recommendations of the Committee.
It was noted on the last page of Chapter 1, “…the Committee acknowledges that the
implementation of these recommendations is likely to be costly. Nonetheless, they are
essential to providing equal access to justice to LEP individuals.” (See page 43 of the FINAL
REPORT OF THE PENNSYLVANIA SUPREME COURT COMMITTEE ON RACIAL AND GENDER BIAS
IN THE JUSTICE SYSTEM.)
HOW SERVICE ON THE WORKING COMMITTEE IMPACTED ITS MEMBERS
Looking back at the FJD’s history of involvement during the developmental stages of
addressing the issue of language access in the courts, it is easy to discern how the members
of the Working Committee were impacted:
Osvaldo Aviles was subsequently appointed the Interpreter Program
Administrator for the Administrative Office of Pennsylvania Courts, by
the Supreme Court of Pennsylvania.
Pedro Cortes was appointed by Governor Ed Rendell as Secretary of
State and was later appointed to the Interbranch Commission on
Gender, Racial & Ethnic Bias. As the Interbranch Commission Chairman,
he had the responsibility to oversee the implementation of Chapter 1,
of the Final Report.
Paul Uyehara, Esq. is now an Attorney with the Coordination and Review
Section of the Civil Rights Division of the U.S. Department of Justice
where he is actively engaged in addressing issues concerning
compliance with language access rules.
Art Read, General Counsel to Friends of Farm Workers, was awarded the
Morris Dees Justice Award in 2007, in part, due to his work in advocating
for the certification of court interpreters.
FJD Deputy Court Administrator Janet Fasy is currently part of a working
group to support the building of a new Family Courthouse in Philadelphia
and is exploring ways to install electronic apparatus to initiate video
remote interpreting.
Quan Pham’s company, Quantum Inc., has grown to support a large
group of court and medical interpreters and is actively engaged in
planning and sponsoring its own training programs with nationally
acclaimed trainers, in order to deliver top-quality service.
Judge Ida Chen was appointed to the Interbranch Commission for
Gender, Racial and Ethnic Fairness and served as the Chairwoman of
the Interpreter Services Committee from 2005 – 2010. Working in
collaboration with others, she designed the “Presenza Cue Card” to
assist courtroom personnel in administering the oath to court
interpreters (as required under the Pennsylvania Rules of Evidence) and
devised a Bench Card for judges working with spoken language
interpreters and sign interpreters.
II. NEEDS ASSESSMENT: Four-Factor Analysis
Required By the Department of Justice
In order to meet LEP requirements, the FJD must “take reasonable steps to ensure
meaningful access to [its] programs and activities by LEP persons.” To determine what
steps the FJD must take, the starting point is an individualized assessment of four factors
identified by the DOJ. The self-assessment is designed for agencies to subsequently guide
themselves in determining reasonableness and prioritizing initiatives on their own.
This LAP identifies the four factors in the following way:
A. Demography: the number or proportion of LEP individuals eligible to be served or likely to
be encountered;
B. Frequency of Contact: the frequency with which LEP individuals come in contact with any
and all stages of the court system;
C. Importance: the nature and importance of the services provided by the courts to people’s
lives;
D. Resources: the resources available and costs to provide meaningful access for LEP
individuals.
A. Demography
Philadelphia is the 5
th
most populous city in the United States.
In 2015, the total civilian, non-institutionalized population in Philadelphia was 1,532,578
which includes persons under the age of 5. Of those, 47,531 persons are estimated to have
a “hearing difficulty” severe enough that qualifies for categorization in the ACS Disability
Characteristics chart.
The combined populations of the Limited English Proficient and Hearing Impaired is
188,562 persons, about 12% of the total population, which are eligible to be served by or
likely to come in contact with the First Judicial District of Pennsylvania.
The American Community Survey (“ACS”) from the U.S. Census Bureau analyzes
demographics every year. Below are charts of Language Spoken at Home by Ability to Speak
English for the Population 5 Years Old and over
10
and Disability Characteristics categorized as
hearing difficulty in the total civilian, non-institutionalized population in Philadelphia County
11
.
Language Spoken at Home by
Ability to Speak English for the
Population 5 Years and Older
(2012)
Philadelphia
County,
Pennsylvania
Estimate
TOTAL: 1,440,213
Speak only English
1,128,020
Speak a Language Other Than
English
312,193
Spanish or Spanish Creole: 147,091
Speak English less than "very well"
60,106
French (incl. Patois, Cajun): 8,887
Speak English less than "very well"
2,623
French Creole: 6,830
Speak English less than "very well"
2,346
Italian: 8,065
Speak English less than "very well"
3,093
Portuguese or Portuguese
Creole:
5,819
Speak English less than "very well"
1,870
German: 2,718
Speak English less than "very well"
745
Yiddish: 570
Speak English less than "very well"
45
Other West Germanic languages: 257
Speak English less than "very well"
0
Scandinavian languages: 319
Speak English less than "very well"
90
Greek: 1,340
Speak English less than "very well"
373
Russian: 11,682
Speak English less than "very well"
7,229
Polish: 3,034
Speak English less than "very well"
1,585
10
LANGUAGESPOKENATHOMEBYABILITYTOSPEAKENGLISHFORTHEPOPULATION5YEARSANDOVER,(2012).
availableat
11
DISABILITYCHARACTERISTICS,(2012),availableat
http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_12_1YR_S1810&prodTyp
e=table
Language Spoken at Home by
Ability to Speak English for the
Population 5 Years and Older
(2012)
Philadelphia
County,
Pennsylvania
Estimate
Serbo-Croatian: 368
Speak English less than "very well"
63
Other Slavic languages: 4,082
Speak English less than "very well"
1,643
Armenian: 51
Speak English less than "very well"
0
Persian: 798
Speak English less than "very well"
127
Gujarati: 2,599
Speak English less than "very well"
1,548
Hindi: 2,597
Speak English less than "very well"
293
Urdu: 1,545
Speak English less than "very well"
450
Other Indic languages: 5,912
Speak English less than "very well"
3,726
Other Indo-European languages: 7,136
Speak English less than "very well"
4,228
Chinese: 24,669
Speak English less than "very well"
16,303
Japanese: 271
Speak English less than "very well"
190
Korean: 3,702
Speak English less than "very well"
1,680
Mon-Khmer, Cambodian: 11,512
Speak English less than "very well" 6,604
Hmong: 0
Speak English less than "very well"
0
Thai: 1,434
Speak English less than "very well"
787
Laotian: 1,214
Speak English less than "very well"
613
Vietnamese: 15,014
Speak English less than "very well"
11,323
Other Asian languages: 6,617
Speak English less than "very well"
3,340
Tagalog: 3,442
Speak English less than "very well"
1,224
Language Spoken at Home by
Ability to Speak English for the
Population 5 Years and Older
(2012)
Philadelphia
County,
Pennsylvania
Estimate
Other Pacific Island languages: 1,125
Speak English less than "very well"
374
Navajo: 0
Speak English less than "very well"
0
Other Native North American
languages:
0
Speak English less than "very well"
0
Hungarian: 144
Speak English less than "very well"
0
Arabic: 9,785
Speak English less than "very well"
2,727
Hebrew: 2,596
Speak English less than "very well"
694
African languages: 8,882
Speak English less than "very well"
2,903
Other and unspecified languages:
86
Speak English less than "very well"
86
Hearing Difficulty by Sex and Age
for the Civilian Noninstitutionalized
Population (2012)
Philadelphia County,
Pennsylvania
Estimate
TOTAL: 1,532,578
With a hearing difficulty
47,531
MALE: 722,859
Under 5 years: 54,761
With a hearing difficulty
550
5 to 17 years: 122,261
With a hearing difficulty
1,650
18 to 34 years: 217,246
With a hearing difficulty
3,214
35 to 64 years: 256,724
With a hearing difficulty
8,343
65 to 74 years: 41,541
With a hearing difficulty
3,500
75 years and over: 30,326
With a hearing difficulty
6,291
Total Males With A Hearing
Difficulty: 23,548
FEMALE: 809,719
Under 5 years: 52,633
With a hearing difficulty
776
5 to 17 years: 118,487
With a hearing difficulty
808
18 to 34 years: 237,269
With a hearing difficulty
2,489
35 to 64 years: 291,457
With a hearing difficulty
6,907
65 to 74 years: 56,537
With a hearing difficulty
3,386
75 years and over: 53,336
With a hearing difficulty
9,617
Total Females With A Hearing
Difficulty: 23,983
ANALYSIS OF PHILADELPHIA’S LIMITED ENGLISH PROFICIENT POPULATION
The top ten languages with the highest number of limited English proficient individuals in
Philadelphia (determined by population speaking English less than “very well”):
1. Spanish: 60,106 LEP individuals
2. Chinese: 16,303 LEP individuals
3. Vietnamese: 11,323 LEP individuals
4. Russian: 7,229 LEP individuals
5. Cambodian: 6,604 LEP individuals
6. Italian: 3,093 LEP individuals
7. Arabic: 2,727 LEP individuals
8. French: 2,623 LEP individuals
9. French Creole: 2,346 LEP individuals
10. Portuguese: 1,870 LEP individuals
Nine of the 2011 top ten are present on the 2012 list. The Italian-speaking LEP population
more than doubled in size, making it the sixth largest LEP population in Philadelphia County
and the only new listing from 2011.
The top four LEP populations in Philadelphia retained their positions from the 2011
census.
12
However, of these four, only the Spanish-speaking LEP population increased in size,
gaining over 8,000 individuals, a 15% increase. The Chinese, Vietnamese, and Russian
populations each decreased by at least 1,000 individuals.
The Cambodian and Arabic-speaking LEP populations increased in both size and ranking,
previously the sixth and tenth largest populations, respectively. The Cambodian population
almost doubled from 3,417 individuals to 6,604 currently making it the fifth largest LEP
community in Philadelphia. However, the Arabic population has moved to rank seven due to
a slight increase coupled with decreases in previously higher-ranked populations.
The Portuguese, French, French Creole, and Tagalog-speaking LEP populations all
decreased in size and rank from last 2011. The Portuguese population dropped from rank five
to ten, losing more than half its individuals while the Tagalog-speaking population dropped
out of the top ten, also experiencing a large decrease. The French and French Creole
populations decreased by smaller margins.
12
LANGUAGESPOKENATHOMEBYABILITYTOSPEAKENGLISHFORTHEPOPULATION5YEARSANDOVER,(2011).
http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_11_1YR_B16001&prodTy
pe=table.
B. Frequency of Contact
The First Judicial District tracks the number of requests for on-site interpreters and
makes every effort to provide services to all limited English proficient persons. In 2016,
there were a total of 4,152 on-site requests for interpreter services.
13
The following list
shows the ten most requested interpreter services by language spoken:
1. Spanish: 165,056.84
2. Mandarin: 87,173.40
3. Vietnamese: 73,645.20
4. Russian: 67,512.04
5. Arabic: 50,418.00
6. Portuguese: 33,396.00
7. Cambodian: 29,178.00
8. Korean: 23,153.50
9. Cantonese 20,990.85
10. Creole: 18,605.50
Except for Cantonese, all of the top ten languages experienced an increase in interpreter
requests from 2013.
i
Most notably, there were 1172 more requests for Spanish interpreters
in 2015, an increase of almost 200%. The most significant increase was in Arabic interpreter
requests which increased from 209 in 2014 to 318 in 2015. In addition, Portuguese has
been in the top ten for 2014 and 2015 with requests increasing from 76 in 2013 to 217 in
2015, an increase of about 150%.
Almost uniformly, interpreter requests for significant LEP populations in the First Judicial
District increased regardless of changes in their respective LEP populations from 2013 to
2016. This indicates an increased frequency of contact between the court system and the
LEP populations which it serves.
Sign Interpreter requests have been declining since 2013.
In 2016, the FJD handled
239 requests at a cost of $99,190.07, 297.
2016 – INTERPRETER REQUESTS, LOCATIONS & COSTS
Location # of Requests Cost
CJC 1,696 341,649.02
1501 Arch 959 186,372.13
Juvenile/DR
MC Civil 393 60,974.62
City Hall 248 66,146.71
1401 Arch 4 474.00
Traffic Court 557 74,773.81
CFCF 24 3,146.56
Arbitration Center 145 20,490.68
Mental Health Courts 126 18,867.02
Total On-site 4,152 $772,894.55
- - - - - - -
Telephonic Interpretation 17,379.80
Text Translation 25.00
Special Requests 569.13
___________
TOTAL - 2016 $790,868.48
C. COSTS
INTERPRETER - 2016 LANGUAGE LIST
Language Sum Of Cost Count Of Inter 2016
Albanian $8,592.50 61
Amharic $2,606.07 19
Arabic $50,418.00 324
Bambara $1,820.00 10
Bengali $10,153.55 57
Bosnian $325.00 3
Bulgarian $260.00 2
Burmese $2,665.00 18
Cambodian $29,178.00 167
Cantonese $20,990.85 126
Creole $18,605.50 125
Czech $348.09 2
French $18,647.10 112
Fulani $1,462.50 7
Fuzhou $2,134.50 15
Georgian $1,235.00 9
Greek $345.00 6
Gujarati $390.00 3
Hakha Chin $0.00 1
Hausa $0.00 3
Hebrew $715.00 5
Hindi $3,055.00 22
Hungarian $260.00 1
Ilocano $0.00 1
Indonesian $3,546.00 23
Italian $2,261.00 19
Japanese $631.00 5
Karen $2,210.00 25
Kinyarwanda $325.00 2
Korean $23,153.50 151
Krio $0.00 1
Laotian $6,085.30 34
Malayalam $1,190.00 18
Mandarin $87,173.40 522
Mandingo $3,672.50 27
Nepali $2,860.00 20
Pashto $325.00 5
Polish $7,132.04 48
Portuguese $33,396.00 254
C. COSTS
INTERPRETER - 2016 LANGUAGE LIST
Language Sum Of Cost Count Of Inter 2016
Punjabi $2,145.00 14
Russian $67,512.04 359
Serbian $325.00 3
Sign $99,190.07 239
Spanish $165,056.84 744
Swahili $390.00 3
Tagalog $130.00 16
Tajik $260.00 2
Telugu $0.00 2
Thai $325.00 2
Tigrinya $3,848.00 32
Turkish $1,365.00 10
Twi $325.00 2
Ukrainian $2,865.00 21
Urdu $7,345.00 54
Vietnamese $73,645.20 396
TOTAL $772,894.55 4152
D. Importance
The Department of Justice guidelines specify that “the more important the activity,
information, service, or program, or the greater the possible consequences of the contact to
the LEP individuals, the more likely language services are needed”.
The First Judicial District is also committed to serving the LEP population in all matters
including criminal, domestic relations, municipal, civil, traffic, and behavior health issues
because certainly, any court case must be considered “serious” to the individuals involved.
Routinely, the First Judicial District provides nearly half of its 5,000 plus interpreter
requests to the Criminal Justice Center where proceedings can result in exoneration or
incarceration of a defendant. Literally, years of individuals’ lives in terms of freedom and
emotional well-being hinge on the services provided by the First Judicial District.
Juvenile and Domestic Relations matters, like delinquency, custody, and Protection from
Abuse also have significant, long-term consequences to LEP individuals. In addition to contact
with a high volume of LEP individuals, Protection from Abuse matters are overwhelmingly
handled by Self-Represented Litigants which poses a unique challenge for the FJD to serve its
constituents.
The interactions which LEP individuals have with the First Judicial District are of the utmost
importance and involve highly significant consequences.
E. Resources
THE FIRST JUDICIAL DISTRICT UTILIZES INTERPRETER COMPANIES AND IN-HOUSE
AND PER-DIEM INTERPRETERS
The First Judicial District utilizes a combination of interpreter agencies such as
Communication Connection, EZ Language, Language Service Associates, Quantum, and Deaf-
Hearing Communication Center along with freelance/per diem interpreters to ensure the
demand for foreign language and sign interpretation is met.
The First Judicial District has access to 151 interpreters registered with the Administrative
Office of Pennsylvania Courts.
14
Of those, 50 interpreters are registered for American Sign
Language. The interpreters are listed by the type of certification they possess, which is
indicated by its abbreviation in parenthesis.
The remaining 101 interpreters are registered for one of the following 26 languages:
Belarusian, Bengali, Cantonese, Mandarin, Shanghai Wu, Dari, Farsi, French, Gujarati,
Haitian-Creole, Hindi, Italian, Kru, Marathi, Polish, Portuguese, Punjabi/Panjabi, Romanian,
Russian, Spanish, Tagalog, Turkish, Ukrainian, Urdu, Vietnamese, and Wolof.
The FJD also employs four full-time, certified Spanish interpreters at its various
courthouses.
Leticia Nixon is a full-time Spanish Interpreter II for the Criminal Trial Division. Born
in Mexico City, Leticia has been an interpreter for over 26 years in Philadelphia. She is
a certified court interpreter since 1994, and has been a Staff Interpreter of the
Philadelphia Court of Common Pleas since July 1990. She has experience in legal,
medical, conference interpretation and translation. Also, Leticia Nixon has a BS in
Communication from the Universidad Iberoamericana in Mexico City.
Enrique Garcia works in the Court of Common Pleas Criminal Division. He is certified
through the National Center for State Courts’ Consortium for Language Access in the
Courts examination, and by the Administrative Office of Pennsylvania Courts for
Spanish-English court interpreting since 2010. He is currently a staff interpreter for
the First Judicial District of Pennsylvania, Court of Common Pleas. Previous experience
includes freelance court interpretation in Chester County, Delaware County and
Montgomery County in District Court and Court of Common Pleas for court proceedings
14
Administrative Office of Pennsylvania Courts Interpreter Certification Program Interpreter Roster, available at
http://www.pacourts.us/assets/files/setting-3046/file-2488.pdf?cb=a9b9c6.
and jury trials; as well as legal translation of court documents for FJD of PA. He has
attended various workshops and national conferences in the fields of court interpreting
and legal translation.
Elizabeth Basulto Romero has been a professional interpreter for the last seventeen
years. She has been a Pennsylvania Certified Court Interpreter since 2007. She served
as the Chief Interpreter for the Twenty Third Judicial District where she supervised
Spanish and other language interpreters. While working for the Administrative Office
of Pennsylvania Courts as the Interpreter Certification Coordinator she provided
training and orientation to interpreters, magisterial district judges, court
administrators and court personnel. In addition, she was responsible for implementing
the testing of candidates of statewide certification. Ms. Basulto is currently working as
a staff interpreter for the First Judicial District of Pennsylvania where she provides
interpreting and translating services for the Municipal Court. During her tenure she
assists in the Interpreter Shadowing Program and renders guidance to prospective
court interpreters. Ms. Basulto graduated cum laude from Kutztown University where
she earned a Bachelor of Science in Business Administration.
Javi Aguilar was born in Mexico City. He is a polyglot (English, French and
Italian). He studied International Relations at the Universidad de las Américas (UDLA),
in Puebla, México and immigrated to Philadelphia in 1987 to attend Drexel University,
where he received a Bachelor of Science in Technical and Scientific
Communication. Javi has also taught Spanish and English at his alma mater and at
the Wharton School of Business. He also taught the Interpreter Training Program at
the Lingual Institute in Philadelphia in two occasions. After 11 years of service as
technical editor at Drexel University and Coordinator of a Computing Services
Department, he joined F.J.D.’s Family Court as a full-time interpreter and translator in
2005. He is AOPC’s Certified since 2010 and has attended continual education seminars
for judicial interpreters offered by the Widener University’s Law Center and other
institutions. Javi is an expert at finding language equivalencies adhering to the spirit
Injinio Ramos has been an employee with the Philadelphia Municipal Court, Traffic
Division, since 2010. In January, 2016, Mr. Ramos was hired by the Traffic Division
as a full-time Spanish Interpreter Trainee. Mr. Ramos had been previously certified
by Global Philadelphia from 2007 to 2010 as a Spanish interpreter to assist voters
with Election Day issues.
Donna Jarvela is a professional Cultural Heritage and Fine Arts Conservator, an
Indianapolis born American from a Finnish-German-Mexican family raised throughout
Colombia, Peru, Brazil, Mexico, and Puerto Rico. She delved into the field of
interpretation professionally as a means to consolidate her diversified cultural
experience and body of knowledge. Donna firmly believes that it is through the sum
total of each culture’s extrasensory perceptions… food, music, traditions, art, history,
geography, literature, government, philosophy, etc..., that one can gain a
constructive awareness, a positive lesson, and a deeper understanding of each of our
tongues. Hence, one can rely on her vocation as an asset to the Interpretation
Community to narrow those existent linguistic barriers between the FJD officers and
the people we serve.
Deputy Court Administrator Fasy has also program for recruiting bilingual employees to
begin the interpreter certification process. Four employees have been personally recruited
and division deputies are aware of the program for potential referrals. Currently, a Vietnamese
probation officer is attending the Shadowing Program in preparation for the certification test
and three court reporters (Chinese, Spanish, and Portugese) have been given recruiting
materials.
THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS IS A VALUABLE
RESOURCE
The AOPC manages and does the testing for applicants to become certified as interpreters
in Pennsylvania. The AOPC Direct maintains the roster of interpreters authorized to work in
the Pennsylvania Court System. The AOPC has also agreed to waive fees related to interpreter
registration for FJD employees.
The FJD and AOPC have collaborated on several occasions to make available on the FJD &
AOPC websites the translated forms and create a repository of statewide materials which have
been translated into other languages.
AN INTERPRETER’S MANUAL FOR INTERPRETERS APPEARING IN PFA
COURT IS ISSUED
In 1994, Judge Ida Chen prepared the “INTERPRETER’S QUICK REFERENCE MANUAL FOR
PROTECTION FROM ABUSE (PFA) CASES IN COURTROOM 3 OF FAMILY COURT”, as a guide
for interpreters appearing in her courtroom, located at 34 S. 11
th
Street.
Realizing that the literature in the field of domestic violence which suggests that domestic
violence cuts across all cultures was accurately reflected in her caseload, Judge Chen prepared
materials which provided information for interpreters (at a time when they were not required
to be “certified interpreters).
The materials include a sample transcript of the judge’s general instructions to the litigants
and attorneys in interpreter cases, a glossary of legal terms utilized in PFA proceedings, a list
of DO’s and Don’t’s for Interpreters (prepared by Osvaldo Aviles), the sample voir dire for
qualifying an interpreter, translated PFA orders, a sample transcript of the judge explaining
the legal PFA procedures, and in more current editions of the manual, the AOPC REGULATIONS
GOVERNING COURT INTERPRETERS FOR PERSOMS WITH LIMITED ENGLISH PROFICIENCY
AND FOR PERSONS WHO ARE DEAF AND HARD OF HEARING, along with the Rules of
Professional Conduct for Judiciary Interpreters.
TRANSLATED DOCUMENTS
The FJD and AOPC has access to a growing list of translated and bilingual documents which
can be found at http://www.pacourts.us/forms/for-the-judiciary/. There are currently over 40
documents that have been translated, totaling several hundreds of pages of material.
FUNDING
As a city service, the First Judicial District receives most of its funding from the City of
Philadelphia. While the municipality’s fiscal status has been uncertain in recent years, the First
Judicial District has been fortunate enough to secure funding for all interpreter requests for
witnesses, victims, parties, and immediate family of minor parties in juvenile or family court
in addition to coverage for court operations.
However, absent monetary support from the community, Bar Association or State or
federal sources, the FJD’s language access programs and initiatives have been creatively
funded. Court employees are not charged by the AOPC for interpreter orientation and testing
required for certification and the FJD has collaborated with stakeholders to create programs
which are supported by registration fees.
III. LANGUAGE ACCESS INITIATIVES
Since 1998, the First Judicial District has collaborated with multiple organizations and
entities on a variety of initiatives to increase the capacity of its language access program.
A. Early Training Programs Conducted by the FJD
IN-SERVICE TRAINING WITH SIGN INTERPRETERS FEATURING MARIA LIBERTELLA
FROM DEAF-HEARING COMMUNICATIONS CENTER, INC. (FAMILY COURT, 34 S. 11
TH
STREET, COURTROOM3, NOVEMBER 19, 1998)
Maria Libertella provided information regarding the use of Sign Interpreters to the
courtroom staff and chambers staff of Judge Ida Chen in Family Court, with regard to cases
arising under the Pennsylvania Protection from Abuse Act.
FJD’S COURT INTERPRETER ORIENTATION SEMINAR (SATURDAY, JANUARY 23,
1999)
This was the first free training program presented by FJD Deputy Court Administrator
Janet Fasy to support all interpreters in the Philadelphia area. It is estimated that more than
100 interpreters attended (some came from as far as Lancaster County). The FJD provided
information regarding the various functions of the judicial system in Philadelphia, legal
procedures, court forms and documents, a flow chart of case processing in the criminal courts,
etc. The program featured full-time Judiciary Interpreter Frank Rivera, who supervised other
interpreters. Moreover, Judge Ida Chen of Family Court made her presentation, “What a
Judge Wants from the Court Interpreter”.
INTERPRETER ORIENTATION SEMINAR FOR DEPENDENCY COURT (SATURDAY,
MARCH 22, 2003)
A few years later, an attorney in the City Solicitor’s Office, Stella Tsai, contacted Family
Court Administrative Judge Myrna Field regarding interpreter issues with respect to
dependency matters. (In dependency matters, parents and guardians are accused of abusing,
abandoning and neglecting their children.) Thereafter, Judge Field contacted Judge Chen.
After a series of meetings hosted by Family Court and attended by various attorneys practicing
in the area of dependency law, DCA Fasy and Judge Chen organized a free training seminar
for interpreters which featured a mock dependency trial. Judge Flora Barth Wolf, formerly
with the Court of Common Pleas of Philadelphia County and now retired, appeared in the
program. Mr. Osvaldo Aviles, who was serving as a full-time Judiciary Interpreter in Family
Court, was the lead participant in the demonstration and he also provided direction and
guidance throughout the mock trial. Attorneys from the Family Law bar also participated in
the trial and Judge Chen spoke about her experiences and the mistakes she made, in working
with interpreters.
ORIENTATION TO THE DOMESTIC RELATIONS BRANCH OF FAMILY COURT
(SATURDAY, NOVEMBER 1, 2003)
By 2003, the FJD was fully engaged in its role as a provider of training opportunities for
interpreters throughout the Philadelphia region. In this free training program, Supervising
Judge of Family Court Idee Fox, along with Judge Elizabeth Jackson and Judge Chen of Family
Court, appeared to talk about their work (custody, child support, paternity, Protection from
Abuse, etc.). Each judge mentioned the substantive and procedural aspects of their
respective area of the law and provided a glossary of legal terminology that would be essential
to any interpreter working in such a proceeding. The program also included a series of skits
which demonstrated “best”, as well as, “bad” practices. In particular, a few of the trial
scenarios dealt with issues pertaining to ethics, as it relates to interpreters.
ETHICS FOR COURT INTERPRETERS (NOVEMBER 2005)
This free FJD training program, conducted on a Saturday, was unique. In preparation for
the program, an Ethics Code for Interpreters was drafted for the First Judicial District by Judge
Ida Chen. Various scenarios involving judiciary interpreters were performed as skits.
Program participants were involved in the role-playing and there were lively discussions
regarding “best practices”. Osvaldo Aviles, Interpreter Program Administrator for the AOPC
spoke on the “importance of ethics” and also provided guidance throughout the session. The
program culminated in a swearing-in ceremony, whereby Deputy Court Administrator Janet
Fasy and Judge Chen asked the interpreters to commit to the FJD’s Code of Ethics for
Interpreters.
CIRCLES OF EXCELLENCE FOR COURT INTERPRETERS (SEPTEMBER 27, 2008)
This free FJD training program, conducted on a Saturday, was attended by approximately
70 interpreters. It featured groups of interpreters meeting together to develop legal
glossaries in their respective languages. The program was produced by Deputy Court
Administrator Janet Fasy of the First Judicial District, in collaboration with the Interpreter
Services Committee of the Pennsylvania Interbranch Commission on Gender, Racial and
Ethnic Fairness, chaired by Judge Chen.
In particular, the program featured judges from the state administrative agencies and
Family Court, providing an overview of the work of the state agency or court, legal
terminology, court documents requiring sight translations, the Presenza Cue Card, and the
distribution of written materials, such as, the “Interpreter’s Quick Reference Manual for PFA
Cases in Courtroom #3 (2008 revised edition). Osvaldo Aviles of the AOPC spoke and
Elizabeth Basulto from the AOPC, also attended, to provide information regarding the
Pennsylvania certification process.
The judges who spoke were: Judge Tracy Henry, from the Pennsylvania Department of
Welfare, Bureau of Hearings & Appeals, and Judge Janice Cohen, from the Pennsylvania
Department of Labor & Industry, Unemployment Compensation Board of Review.
In early October of 2008, Aly Jean-Louis, an interpreter who attended the program,
transmitted to DCA Fasy, a glossary which he prepared, of legal terms in French and Haitian
Creole.
B. Recent Collaborations with Widener University
School of Law
The FJD has successfully collaborated with Widener Law School on numerous occasions to
produce training programs for judiciary interpreters, as follows:
-What It Takes to Be a Certified Interpreter (Saturday, February 6, 2010)
-What It Takes to Be a Certified Interpreter in the Haitian Creole Language
(Saturday, April 2, 2011)
-How to Prepare for the Written & Oral Exam for Court Interpreters in the
Vietnamese Language (Saturday-Sunday, September 17-18, 2011)
-Composite Interpreter Training Program for the Arabic, Chinese, Korean,
Russian and Spanish Languages (Saturday-Sunday, October 20-21, 2012)
-Regional Court Interpreter Skills Development Workshop with Widener
University Law School (2013)
Last year, the FJD, partnered with Widener University Law School to produce a two-day,
weekend training program (October 19-20, 2013) for interpreters.
Trainers from all over the country were invited to work with our local interpreters.
The 2013 program featured a collaborative effort on a “regional basis”, whereby
representatives of the various court administrations from Montgomery, York and Berks
counties appeared to provide information regarding their language access programs.
In addition, Osvaldo Aviles of the AOPC provided important information regarding the
certification process. Representatives from the PA Interbranch Commission on Gender, Racial
and Ethnic Fairness; Quantum Inc.; Language Services Associates (LSA); and EZ Language
also appeared and made presentations. Moreover, the Delaware Valley Translators Association
(DVTA), was also invited to address the class participants.
Approximately 55 registrants appeared and training was provided in five different
languages: Khmer (the Cambodian language), Polish, Portuguese, Spanish, and Vietnamese.
The “PROGRAM Agenda” is attached as Exhibit C.
For this program, Judge Chen produced a new book, “LANGUAGE ON DEMAND, a Practice
Book for Interpreters Serving the Pennsylvania Courts”.
The workshop included plenary instructional sessions and small group sessions where
participants were separated by language for training with an expert interpreter in their
respective language. Topics included technology training, advice from court administrators,
interactive trial scenarios with a subsequent debriefing, sight translation, consecutive
interpretation, and simultaneous interpretation.
The skills training program, designed to assist individuals in becoming certified court
interpreters, was approved for the granting of Continuing Education Credits from the
Administrative Office of Pennsylvania Courts (“AOPC”) or the relevant state administrative
body, if reciprocity is available.
C. FJD Training with Court Personnel
There has been an effort to train court personnel and court officers:
TRAINING WITH COURT OFFICERS & COURT CRIERS OF MUNICIPAL COURT (2007)
In 2007, the training of court officers in municipal, family, and juvenile courts was a pilot
program for using the Presenza Cue Card and how to utilize interpreters in the courtroom.
Afterwards, the Presenza Protocol was designed with help from the court supervisors and
court officers who gave suggestions based on individual courtroom needs. Collaboration
between administration and court staff created “buy-in” from both parties, increased the
effectiveness of the protocol, and opened future communication between stakeholders in the
case of future challenges.
TRAINING ON BILINGUAL PFA FORMS IN FAMILY COURT (2012)
D. FJD’s Participation in Training Programs for Judges
The FJD has conducted training programs for judicial officers:
-New Judges Training (Philadelphia Court of Common Pleas, January 6, 2004)
-Working with Diversity in Family Court (Philadelphia Court of Common Pleas,
March 31, 2005)
-Education Conference for Municipal Court Judges: Working with Interpreters
(2005)
-Education Conference for Municipal Court Judges: Working with Sign
Interpreters (2007)
-The Language of Justice (PA Conference of State Trial Judges, 2007)
-Working with Sign Interpreters in the Courtroom (PA Conference of State Trial
Judges, 2009)
-Working with Interpreters for Traffic Court Judges (Harrisburg, Spring, 2012)
-Lost in Interpretation: Language Access in the Pennsylvania Courts (PA
Conference of State Trial Judges, July 25, 2013)
E. Presenza Protocol and Cue Card
In 2007, the FJD created the Presenza Protocol (Exhibit A) and Presenza Cue Card (Exhibit
E)—aids for dealing with interpreters at judicial proceedings. The Presenza Protocol is a six-
page document with step-by-step instructions in best practices for judges, court officers, court
criers, and judicial tipstaff. It was created in collaboration with FJD court supervisors and
officers. The cue card is the size of an index card and intended to assist court personnel. The
oath which interpreters must take before translating in court is on the front. Contact
information for requesting interpreter service is on the back.
The Presenza materials were last updated in 2014 and have been distributed at the New
Judges’ School after judicial elections.
F. Deputy Court Administrator Fasy - Speaking
Engagements, Training, and Consulting
For over 10 years, Deputy Court Administrator Fasy has been dedicated to the
dissemination of Language Access regulations and best practices throughout the
Commonwealth. The Deputy Administrator has given testimony in front of the State Senate;
conducted workshops for the Pennsylvania Association of Court Managers; and performed
training at separate conferences for judges at the annual Statewide Judges’ Conference, traffic
judges, incoming judges, incoming court administrators, municipal judges, and the family law
section of the Philadelphia Bar Association.
The Deputy Administrator was also a consultant on Language Access issues to the
Pennsylvania Supreme Court’s Committee on Racial and Gender Bias in the Judicial System
in 2003 which produced a 550+ page report as well as the “Working Committee” convened
by the Honorable Judge Ida Chen, Court of Common Pleas.
G. Translation of Documents
The FJD has undertaken three rounds of document translation: in 2006, 2010, and 2013.
In 2006, the FJD began translating the Final Protection from Abuse Order (family court)
into the top five most requested languages: Khmer (Cambodian), Chinese, Russian, Spanish,
and Vietnamese. The Honorable Judge Ida Chen worked with translators as the legal editor
to ensure that the legal nuances of every word was accurately translated.
In 2010, the protective order (criminal court) was translated in the same five languages.
Currently, there are three different versions of a bilingual criminal protective order in five
languages: Chinese, Cambodian, Russian, Spanish, and Vietnamese.
In 2013, 18 documents, forms, notifications and brochures for the domestic relations,
traffic, municipal court civil, and criminal divisions were translated in the five languages, most
often requested by litigants.
The translated forms can be found at http://www.pacourts.us/forms/for-the-judiciary/,
And on the FJD website. On this page are widely used forms including those for filing civil
complaints, private criminal complaints and notices of settlement when cases are privately
resolved.
There are bilingual Protection from Abuse forms in 11 different languages: Arabic,
Chinese, French, Haitian, Cambodian, Korean, Polish, Portuguese, Russian, Spanish, and
Vietnamese.
H. FJD Translation Style Manual Created 2009 by the
Honorable Judge Ida Chen (Exhibit B)
On July 29, 2009, The Honorable Judge Ida Chen initiated the creation of the “Style Manual
for the Translation of Legal Documents” which documents the FJD’s best practices. The
manual is the result of collaboration by court administrators (Deputy Court Administrator Fasy
and Administrative Officer DiPrimio), Quantum interpreting service, and Judge Ida Chen.
The manual provides guidelines and suggestions for the use of parallel translation versus
consecutive translation; bold print; “fill-in” lines; names of government officials or judges
appearing on documents; appearance of the name of the translating company and date; use
of all capitals; designation numbers and dates; and translation suggestions specific to certain
languages.
I. Staff Training for Court Officers in Municipal, Family,
and Juvenile Courts
The training of court officers in municipal, family, and juvenile courts was a pilot program
for using the Presenza Cue Card and how to utilize interpreters in the courtroom. Afterwards,
the Presenza Protocol was designed with help from the court supervisors and court officers
who gave suggestions based on individual courtroom needs. Collaboration between
administration and court staff created “buy-in” from both parties, increased the effectiveness
of the protocol, and opened future communication between stakeholders in the case of future
challenges.
J. FJD’s Shadowing Program
In 2011, under the leadership of Deputy Court Administrator Fasy, the FJD started the
Shadowing Program. This program prepares interpreters for certification with practical
knowledge and experience that is only available in the courtroom. Enrollees also benefit from
access to the judiciary, court administrators, and various department representatives that
utilize interpreters.
Designed for 12-15 participants, the program participants gather one morning a month
over the course of seven months, usually shadowing one of the FJD’s full-time court
interpreters. Essentially, the interpreter “shadows” the experienced Judiciary Interpreter from
9:00 AM to 12 Noon, in the criminal courts the first month, and then in Family Court, the
following month (for a period of eight months). After the morning session, all the interpreters
meet for a luncheon seminar where different subjects are covered (ethics for interpreters,
interpreting for the senior citizen in criminal matters, how to interrupt and “correct” a judge,
etc.). These seminars are led at different times by representatives from various organizations
including the judiciary, the AOPC, FJD administration, the Defenders Association, and
interpreters.
The 2014 program is held on the first Thursday of each month and began in March. The
Honorable Judge Ida Chen welcomed the interpreters and Magdaliz Roura, an alumna of the
program, imparted her experiences and tips for success. The draft program agenda is
attached as Exhibit D.
Update (1.23.15): THE CLOSING CEREMONY FOR THE FIRST JUDICIAL DISTRICT’S
2014 SHADOWING PROGRAM WAS HELD AT THE NEW FAMILY COURTHOUSE
The closing ceremony for the First Judicial District’s 2014 Shadowing Program was held
on Thursday, December 11, 2014, in the large Training Room of the New Family Courthouse
in Philadelphia. Located on the top floor of the sparkling, new building with a view of the City
that stretches to the Delaware River, the event was a marked occasion.
Pictured: The Honorable Judge Ida Chen with alumnae and alumni from the 2013 Shadowing Program
Administrative Judge Margaret Murphy further elevated the event by welcoming the
Shadowing Program participants and collaborators to the new courthouse with inspiring
keynote remarks. Judge Murphy’s speech underscored how seriously the FJD regards
language access and provided another example of administrators who truly understand the
issue.
Deputy Court Administrator Janet Fasy conducted the event, welcoming the
distinguished guests who included Administrative Judge Margaret Murphy; Deputy Court
Administrator Mary Lou Baker; Coordinator of Access Mary Vilter, AOPC; Interpreter Program
Administrator, Osvaldo Aviles, AOPC; and Quantum CEO, Quan Pham. DCA Fasy then
reviewed some of the significant achievements of the eight-month program and presented
Certificates of Completion to the 13 program participants.
In addition, Judge Chen and Janet Fasy presented the inaugural “GRACIAS” awards in
recognition of extraordinary service to the Shadowing Program.
Recipients included the three full-time interpreters for the FJD who volunteered their
time to mentor program participants: Javi Aguilar, Elizabeth Basulto, and Enrique Garcia.
The final recipient of a “GRACIAS” award was Tony Guerra, President of the DVTA, whose
collaboration with the FJD has been vital to the success of the program.
Pictured: Attendees of the 2014 Shadowin
g
Pro
g
ram Closin
g
Ceremon
y
K. Pilot Program for Bilingual Court Employees
Deputy Court Administrator Fasy has successfully commenced a pilot program for
recruiting bilingual employees to begin the interpreter certification process. This program
increases the pool of reliable interpreters with American English accents.
Four employees have been personally recruited and division deputies are aware of the
program for potential referrals. Currently, a Vietnamese probation officer is attending the
Shadowing Program in preparation for the certification test and three court reporters
(Chinese, Spanish, and Portugese) have been given recruiting materials.
Osvaldo R. Aviles, Interpreter Program Administrator, Administrative Office of
Pennsylvania Courts (AOPC), Supreme Court of Pennsylvania has waived orientation,
registration, training and test fees for employees. Once certified, employees will use vacation
time to interpret at court during times of need, earning the market hourly rate for certified
interpreters of their language.
Pictured (from left to right): Judge Ida Chen, Court Interpreter Javi Aguilar, Deputy
Court Administrator Janet Fasy, and Administrative Judge Margaret Murphy
This program is challenging to implement because employees must pursue subsidized
certification in addition to their normal duties. Administrators must also consider potential
candidates on a case-by-case basis because some supervisors may be reluctant to accept
outside obligations.
IV. OUTREACH AND COLLABORATION WITH
LEP COMMUNITIES AND STAKEHOLDERS
A. Community Outreach
The First Judicial District is dedicated to serving the community of Philadelphia and raising
awareness of its language access resources. All translated documents, including bilingual
translator request forms, can be found online. Since posting the latest translated documents
in 2013, two website corrections have been made and the request form has been updated.
In addition, Deputy Court Administrator Fasy gives language access updates and materials
to “front-line” organizations who represent LEP communities within the district. These include
Community Legal Services, Women Against Abuse, Asian-Pacific American Bar Association of
PA, and all agencies represented in the Philadelphia Bar Association Task Force.
B. Collaboration with Stakeholders
The First Judicial District is very proud of its strong relationships and successful
collaborations with a large number of community stakeholders which have created a strong
foundation for bettering the ability to deliver quality language access services.
COLLABORATION WITH AN ACADEMIC PROVIDER, WIDENER UNIVERSITY SCHOOL
OF LAW, TO ADDRESS THE NEED FOR INTERPRETER TRAINING
At the outset, when Act 172 of 2006 was passed by the state legislature, the First Judicial
District realized that although there were plenty of interpreters working in the courts and in
the medical field, there really weren’t enough certified interpreters to support the courts.
On March 20, 2008, Judge Ida Chen met with Dean Linda Ammons of Widener University
School of Law to discuss a long term project with respect to interpreter training programs and
the establishment of a scholarship fund for interpreter students.
A ROUND TABLE DISCUSSION SPARKS A JOINT INITIATIVE
Thereafter, on March 28, 2008, under the leadership of Deputy Court Administrator Janet
Fasy, the First Judicial District convened a “Round Table” discussion with regard to the sharing
of information and resources to support an academic training program for language
interpreters at Widener Law School.
Those in attendance were:
Deputy Court Administrator Janet Fasy, who recommended training in substantive
areas of law and legal procedure and the establishment of opportunities for interpreter
students to observe in court.
Osvaldo R. Aviles, Interpreter Program Administrator, AOPC, Supreme Court of
Pennsylvania, who recommended special areas of skills training (consecutive
interpreting, simultaneous interpreting, sight translation, Rules of Professional
Conduct for Judiciary Interpreters, etc.) and identified potential trainers.
Lisette McCormick, Esq., Executive Director, Pennsylvania Interbranch Commission for
Gender, Racial & Ethnic Fairness, who offered support in conducting research and
program planning.
Lazar Kleit, a member of the Interpreter Services Committee of the Interbranch
Commission, who provided insights regarding the demographic diversity reflected in
Philadelphia, based on his experiences and expertise as the former Executive Director
of the Philadelphia Commission on Human Relations.
Also in attendance were two administrators from the Legal Education Institute of Widener
University School of Law, who discussed the possibility of establishing courses (similar to their
Paralegal Studies program) for training court interpreters (both spoken language and sign
interpreters).
Working with Margaret O’Neill, Esq., Special Projects Coordinator for the Legal Education
Institute, and Assistant Dean Eileen Grena of Widener Law School, the First Judicial District
provided input in devising a curriculum for interpreter training.
Deputy Court Administrator Janet Fasy and Judge Ida Chen appeared at the initial training
programs to provide information to the class participants regarding the work of the courts.
WIDENER LAW SCHOOL RECEIVES THE GAVEL AWARD FROM THE INTERBRANCH
COMMISSION
In 2008, at the urging of the First Judicial District, Widener Law School established an
eight-month certificate training program for interpreters. That year, the Pennsylvania
Interbranch Commission for Gender, Racial and Ethnic Fairness presented their “Gavel Award”
to Widener Law School for reaching this level of service in providing interpreter training for
those seeking to pass the interpreter certification exam.
A COLLABORATION WITH THE EXISTING INTERPRETERS’ ASSOCIATION WAS
MUTUALLY BENEFICIAL
The Delaware Valley Translators Association (DVTA), the only chapter of the American
Translators Association (ATA) in Pennsylvania, was another external collaborator which the
First Judicial District cultivated.
In 2011, the First Judicial District reached out to the DVTA leadership and hosted an
informal luncheon. During the luncheon, there was discussion as to how the Philadelphia
courts and the DVTA could work together, to provide mutual support. The parties found that
this was a good fit. They shared many common goals and objectives.
THE FJD’S SHADOWING PROGRAM PROVIDES OPPORTUNITIES FOR EXPERIENTIAL
LEARNING TO COMMUNITY INTERPRETERS
For example, when the First Judicial District began an initiative to allow interpreters to
“shadow” its full-time Judiciary Interpreters, the First Judicial District asked the DVTA to
recommend their members for this opportunity. Commenced in 2011, the First Judicial
District’s Shadowing Program provided an opportunity for free training.
The Shadowing Program provided DVTA an opportunity to build their capacity and to
attract and grow their membership. Moreover, through this program, DVTA could build a
bridge to the courts and establish a working relationship with court administration.
Pictured from left: Peggy O'Neill, Legal Education Institute special projects coordinator; Pennsylvania
Court of Common Pleas Judge Ida Chen; Law Dean Linda L. Ammons; Pennsylvania Chief Justice
Ronald D. Castille; Widener Assistant Dean Eileen Grena, who directs the Legal Education Institute.
Thereafter, Judge Chen appeared as a speaker at DVTA’s annual meeting in December of
2012 and subsequently, Deputy Court Administrator Janet Fasy appeared at DVTA’s annual
meeting in November of 2013. More recently, Judge Chen attended the DVTA’s annual
Sunday brunch in March of 2014, to learn about issues and concerns with respect to
interpreting in the Philadelphia courts.
Since 2011, a DVTA representative has been invited to participate in the various training
programs conducted by the First Judicial District, on weekends.
KEEPING INTERPRETER AGENCIES ENGAGED & INVESTED IN ONGOING TRAINING
FOR THEIR INTERPRETERS
Another group of stakeholders which the First Judicial District worked with consisted of
the three agencies which held contracts for spoken language services: EZ Language,
Language Services Associates (LSA) and Quantum, Inc. Each organization was asked to
participate in the various training programs which were hosted annually by the First Judicial
District and conducted on the weekends, by sending their freelance interpreters to attend the
training sessions and by having the agencies’ representatives appear as panelists, presenters
or demonstrators.
FJD REACHES OUT TO THE BAR ASSOCIATION TO ENGAGE ATTORNEYS IN THE
PROCESS OF PROVIDING LANGUAGE ACCESS FOR THEIR CLIENTS
Attorneys play a vital role in delivering equal access to justice when interpreters are
involved. Because of the frequent utilization of interpreters in Philadelphia’s Family Courts,
the First Judicial District partnered with the Family Law Section of the Philadelphia Bar
Association on November 1, 2010, to conduct a special one-hour luncheon program (one CLE
credit was granted) for family law practitioners, on the use of interpreters in court
proceedings.
The presentation panel included Leonard Rivera, Esq., who chaired the event, along with
Deputy Court Administrator Janet Fasy, Interpreter Program Administrator Osvaldo Aviles,
Family Court Judge Ida Chen and several distinguished attorneys from the Family Law Bar,
including: Deborah Culhane, Esq.
THE DISTRICT ATTORNEY’S OFFICE AND THE DEFENDER ASSOCIATION PROVIDE A
UNIQUE PERSPECTIVE & VALUABLE INSIGHTS
Due to the heavy usage of interpreters in the criminal courts, the First Judicial District has
invited representatives of the Philadelphia District Attorney’s Office and the Defenders
Association of Philadelphia to assist in various interpreter training programs.
For example, on September 17, 2011, the Philadelphia District Attorney’s Office was asked
to send a speaker to an interpreter training program conducted by the First Judicial District
in collaboration with Widener Law School, “How to Prepare for the Written and Oral Exam for
Court Interpreters in the Vietnamese Language”. Mr. Loi Ma, whose work for the District
Attorney’s Office consists of outreaching to members of the Vietnamese community, provided
a keen insight on issues pertaining to language and cultural competence, as they relate to
court interpreters in criminal proceedings.
In particular, the Defenders Association of Philadelphia has accepted the invitation of the
First Judicial District to present information at the Shadowing Program, scheduled for
Thursday, July 10, 2014, on “What Interpreters Should Know about Interpreting in Criminal
Court”.
Update (1.23.15): JUDGE CHEN REPRESENTS THE FJD IN A PANEL PRESENTATION—
“HOW TO WORK WITH YOUR LOCAL COURTS”—AT A NATIONAL TRANSLATORS
CONFERENCE
In Chicago, from November 5
th
to November 8
th
, 2014, the American Translators
Association (ATA) held their 55
th
annual, national translators’ conference.
On Saturday, November 8
th
, Judge Chen participated in a panel presentation entitled,
“How to Work with Your Local Courts.”
Panelists included Judge Ida Chen, Court of Common Pleas; Tony Guerra, President,
Delaware Valley Translators Association (DVTA); and Magdaliz Roura, Interpreter & Trainer,
Alumna of the 2013 FJD Interpreter Shadowing Program. (Janet Fasy, Deputy Court
Administrator, FJD was originally scheduled to appear as a panelist but was not able to attend
due to her key role in the opening of Philadelphia’s new Family Courthouse.)
The session detailed how a relationship between the FJD and DVTA helped both entities
build capacity, collaborate on programs, and support each other.
Judge Chen explained why reaching out to DVTA was the key to a successful language
access program—the innovative Shadowing Program. Judge Chen also shared strategies that
have resulted in mutually beneficial outcomes for both organizations with an emphasis on the
fact that courts, working alone, cannot guarantee access to justice.
President Guerra described how working with court administration helped the DVTA
meet the needs of some of its members, praising the Shadowing Program and recommending
that other jurisdictions attempt to set up similar programs.
Magdaliz Roura, an alumna of the inaugural Shadowing Program in 2013, shared some
of the insights and experiences that could not have been gained in a classroom.
Update (1.23.15): CONSULTATIONS WITH WIDENER SCHOOL OF LAW TO
ESTABLISH A MORE ROBUST CURRICULUM & PROGRAM FOR EDUCATING &
TRAINING INTERPRETERS
The FJD has conducted a series of meetings with its longstanding partner in language
access, Widener University School of Law, about the possibility of researching and exploring
different training and academic models for court interpreters.
The FJD’s vision has the potential to help interpreters throughout the region prepare
for and pass state interpreter certification tests. In addition, interpreters could receive
Continuing Education credits and maintain their current certification.
A luncheon meeting was held on Wednesday, July 30, 2014 to discuss program
requirements and feasibility from a financial perspective. In attendance were Deputy Court
Administrator Janet Fasy, FJD; Judge Ida Chen, Court of Common Pleas; Nicole Ballenger,
Esq., Director, Widener University Law Center, Legal Education Institute; and Dean Andrew
Strauss, Associate Dean for Faculty Research & Strategic Initiatives, Widener School of Law.
A conference call was held on Thursday, September 25, 2014 to further discuss
program requirements and feasibility and possible program grants. In attendance were DCA
Fasy; Judge Chen; Nicole Ballenger, Esq.; Dean Strauss; and Benjamin Tilghman, Esq.,
Research Specialist, FJD. During this meeting, the FJD presented its grant research while
Widener University shared the initial details of its proposed academic model.
A second conference call was held on Tuesday, January 13, 2015 to discuss administrative
details. In attendance were DCA Fasy; Judge Chen; Benjamin Tilghman, Esq.; Nicole Strauss,
Esq.; Dean Strauss; Laurie Grant, Assistant Vice President, Development & Alumni Relations,
Widener School of Law; and Robyn Ray, Development Communications Manager, Widener
School of Law. Widener University’s Dean has approved of the joint plan to attempt to grow
and expand a robust academic program for interpreters. Technical and administrative details
were discussed.
Update (1.23.15): DEPUTY COURT ADMINISTRATOR JANET FASY AND JUDGE IDA
CHEN PARTICIPATE IN THE ANNUAL MEETING OF THE DELAWARE VALLEY
TRANSLATORS ASSOCIATION (DVTA)
DCA Fasy and Judge Chen, both dues-paying members of the DVTA, attended the
organization’s annual meeting on Thursday, December 11, 2014 at the Cast Iron Building
located at 718 Arch Street in Philadelphia.
The DVTA invited DCA Fasy and Judge Chen to make remarks about the ongoing and
very successful collaboration between the courts and their interpreter organization. The
collaboration has been a benefit to both the FJD in its language access programming and the
DVTA in providing services to its members.
Janet Fasy spoke to the membership about the FJD’s 2015 Interpreter Shadowing
Program, which seeks to build on the successes of past years which include observing real,
certified court interpreters during proceedings; the opportunity to communicate with court
administrators from various counties; and learning from a judge about court procedure and
etiquette.
FJD INTERPRETER SHADOWING PROGRAM -
In 2016, the FJD completed it’s fifth “season” of the FJD Interpreter Shadowing Program. The
program is produced by the FJD and provides education, training and shadowing for
interpreters to assist them in becoming more familiar with the Court and to pass the
certification tests required. Courtroom training, lectures and skills training is done by court
managers, Court Administrators, Judge Chen, interpreters and outside agencies, such as
Delaware Valley Translators Association, Delaware School of Law, and the AOPC through the
auspices of the President Judge Woods-Skipper, Administrative Judge Murphy and Court
Administrator Joseph Evers.
The Program for the final certificates and awards ceremony for the 2016 program:
2016 FJD INTERPRETER SHADOWING PROGRAM
INFORMATION SESSION
Thursday, March 17, 2016 - Family Court Training Room (15
th
Floor)
A G E N D A
9:00 WELCOME & OPENING REMARKS
Judge Ida Chen, Court of Common Pleas
9:10 2016 FJD INTERPRETER SHADOWING PROGRAM
Winnie Gilmore – Administrative Assistant to Deputy Court Administrator, Janet C.
Fasy.
As an employee with the First Judicial District since 2004, I have worked solely for
the Court Reporter, Digital Recording, and Interpreter Administration. I assist the
judiciary, court staff and the public with requests for transcripts, interpreters and
general information. My work gives me access to all the courts in our district. This
year I am proud to be the Project Manager for the 2016 Interpreter Shadowing
Program.
9:15 CERTIFICATION OF INTERPRETERS IN PENNSYLVANIA
Osvaldo Aviles, Interpreter Program Administrator, Administrative Office of
Pennsylvania Courts (AOPC)
He was appointed in October of 2004 by the Supreme Court of Pennsylvania and
assigned the responsibility of creating a statewide interpreter certification program. The
current interpreter roster consists of over 200 qualified interpreters representing 30
languages. He is also Pennsylvania’s representative to the National Center for State
Court's Conference of Language Access Coordinators, a group whose mission is to
improve access to court services for limited English proficient (LEP) litigants. Previous
to assuming his present position, he worked for 14 years as a staff Spanish interpreter
for the First Judicial District of Pennsylvania, Family Court Division. He has twenty-five
years of interpreting experience having obtained his certification in 1995 from the New
Jersey Administrative Office of the Court’s Language Services Office. In 2001 he was
appointed a member of the Interpreter Services subcommittee of the Supreme Court's
Committee on Racial and Gender Bias in the Justice System, which made
recommendations to the court for improving equal access to justice for LEP individuals.
Mr. Avilés holds a Master’s degree in Political Science from Princeton University and a
Bachelor’s degree also in Political Science from the University of Puerto Rico. Mr. Avilés
can be reached at: Administrative Office of Pennsylvania Courts, 1515 Market Street,
Suite 1414, Philadelphia, PA 19102, Phone: 215-560-6300, Fax: 215-560-5492, E-mail:
[email protected]
Natalia Petrova, Interpreter Certification Coordinator for the AOPC
Natalia has diverse 25 years' experience as a Russian<>English interpreter, translator
and interpreter trainer. She is a State certified court interpreter and the National Board
certified medical interpreter. A native of Western Siberia, Russia she received her MA
in teaching English as a foreign language from Minsk Linguistic University, Belarus. After
moving with her family to the US in 1999 Natalia continued working as a free-lance
Russian interpreter, translator and interpreter trainer; among her clients were
Pennsylvania, New Jersey and California Judiciary, National Center for State Courts,
Interpreter Education Online, Russian Academy of Sciences, International Visitors
Council, US Department of State, Rotary Club and Einstein Medical Centers. Natalia is
a member of ATA and DVTA. She can be reached at: [email protected]
9:45 OVERVIEW OF THE CRIMINAL JUSTICE SYSTEM
Richard McSorley, Esq., Deputy Court Administrator, Criminal Trial Division
Richard T. McSorley, Esquire was appointed Deputy Court Administrator for the Court of
Common Pleas of the First Judicial District (FJD) of Pennsylvania on November 1st, 2013.
Prior to this appointment, for 28 years, Rich served in various capacities within both
Philadelphia Municipal Court and Court of Common Pleas. During this extensive service
Rich has been a leader in developing, implementing and monitoring numerous court
initiatives and technological developments including, the preliminary arrest system
(PARS) and video arraignment system. During his tenure, Rich has also served as a
former bail commissioner, hearing master for the Office of Emergency Protection from
Abuse, and supervising trial commissioner. He is also a certified civil mediator for small
claims and housing court, and an instructor for the Summary Diversion and SAM
Programs. Rich obtained his Bachelor of Criminal Justice degree from Temple University
and his law degree from Widener University School of Law. He is a current member of
the PA Bar Association, and proudly served his country in the United States Coast Guard.
10:45 OVERVIEW OF DEPENDENCY COURT
Kimberly Tobin, Director, Family Court
FJD employee for 32 years; having worked in the Domestic Relations (1984-87),
Medical/MH Unit (1987-92) and Juvenile Dependent Court Operations Divisions of Family
Court (1992 to present). In 2001, working along with a former colleague, helped to
establish my career as the Dependency Case Flow Coordinator; a position accountable
for the equitable distribution of all Dependent, and ultimately, all Delinquent cases listed
in the Juvenile Courtrooms. Member of the Children’s Roundtable, Philadelphia
Partnership Promoting Family Well-being and Recovery/Child-Parent Project, Court
Improvement Committee, and the Pennsylvania Association of Notaries. Graduate of
Peirce College with a Certificate in Court Reporting.
12 Noon LUNCH (Provided by the FJD)
1:00 OVERVIEW OF MUNICIPAL COURT
Maria Pugliese, Director Municipal Court Courtroom Operations
I began my career in MC court in April, 1993, as a Court Officer, I was promoted to
Court Crier in February 24, 1997, Deputy Chief in December 3, 2001, Chief, Courtroom
Operations, March 4, 2005, Director, February 1, 2010. I will be celebrating 23 years
with the FJD this coming April. I oversee a staff of 50 + individuals in addition to 25
courtrooms. They encompass Criminal and Civil division.
2:00 PENNSYLVANIA RULES OF PROFESSIONAL CONDUCT FOR JUDICIARY
INTERPRETERS
Gabriela Jenicek, Manager of Language Services, Spiritual Care & Cultural Support,
The Children’s Hospital of Philadelphia (CHOP)
Gabriela has been rooted in the interpreting profession for almost 20 years. She earned
her Master’s Degree in Interpretation and Translation for German, Czech and English at
Leipzig University in Germany. In 2011, she founded her own company 'Interpreter
Training with a Purpose' where she provided interpreter trainings in DC, NJ and MD. For
the past 5 years, she has been part of the Interpreter Shadowing program at the
Pennsylvania Court as independent trainer specialized in Code of Ethics. Gabriela is a
co-chair at the Pennsylvania Immigration and Citizenship Coalition (PICC) and former
board member of the Delaware Valley Translators Association (DVTA).
3:00 SIMULATION OF THE TEST FOR SIMULTANEOUS INTERPRETING AND HOW IT
IS SCORED
Javier Aguilar, Judiciary Interpreter, Family Court
Javi Aguilar was born in Mexico City. He is a polyglot (English, French and Italian). He
studied International Relations at the Universidad de las Américas (UDLA), in Puebla,
México and immigrated to Philadelphia in 1987 to attend Drexel University, where he
received a Bachelor of Science in Technical and Scientific Communication. Javi has also
taught Spanish and English since 1982. After 11 years of service as technical editor at
Drexel University and Coordinator of a Computing Services Department, he joined
F.J.D.’s Family Court as a full-time interpreter and translator in 2005. He is AOPC’s
Certified since 2010. Javi is an expert at finding language equivalencies adhering to the
spirit of the discourse at hand while keeping the register in its context, a true “interpreter
whisperer” skill.
Elizabeth Basulto, Judiciary Interpreter, Municipal Court
Elizabeth Basulto Romero has been a professional interpreter for the last eighteen years.
She has been a Pennsylvania Certified Court Interpreter since 2007. She served as the
Chief Interpreter for the Twenty Third Judicial District where she supervised Spanish
interpreters and interpreters of other languages. While working for the Administrative
Office of Pennsylvania Courts as the Interpreter Certification Coordinator she provided
training and orientation to interpreters, magisterial district judges, court administrators,
and court personnel. In addition, she was responsible for implementing the testing of
candidates of statewide certification. Ms. Basulto is currently working as a staff
interpreter for the First Judicial District of Pennsylvania where she provides interpreting
and translating services for the Municipal Court. During her tenure, she assists in the
Interpreter Shadowing Program and renders guidance to prospective court interpreters.
Ms. Basulto graduated cum laude from Kutztown University where she earned a Bachelor
of Science in Business Administration.
3:45 DELAWARE VALLEY TRANSLATORS ASSOCIATION (DVTA)
Antonio E. Guerra, President, Delaware Valley Translators Association (DVTA)
Antonio E. Guerra holds an MFA from Temple University and a BFA from Philadelphia’s
University of the Arts. A native of Havana, Cuba, Tony has been involved with the
language services industry since 1994.He is formerly a translator and interpreter
specializing in Spanish legal, medical and labor translations, interpretations and
communications for law firms, hospitals, corporations and language agencies. For the
past 9 years, he served as the Director of Interpretation Services at CETRA Language
Solutions, where he launched, developed and administered their interpreting
department. He is President of the Board of Directors of the Delaware Valley Translator's
Association, (DVTA) where he also chairs the Marketing Committee. His current
volunteer activities for the American Translators Association (ATA) include, National
Chapters Chair, Interpretation Policy Advisory Committee, Nominating and Leadership
Committee, PR Committee and the Mentor Program.
4:00 WHAT A JUDGE WANTS
HOW TO INTERRUPT AND CORRECT A JUDGE
PROTECTION FROM ABUSE (PFA) CASES IN COURTROOM 4F
Honorable Ida Chen, Judge, Court of Common Pleas, Family Court Division
Judge Chen was born in Hong Kong and immigrated to the United States from Indonesia.
She has been serving in the Philadelphia Family Court, since 1988.
Merci Tänan Jaaraama Efharisto poli
Gracias Köszönöm Takk Dziekuje
Obrigado Multumesc Grazie Salamat
Cám ón Shukriya Danke
Tesekkür ederim Spasibo Dhanyabad
Mahalo Dyakooyu Thank You
V. CURRENT LANGUAGE ACCESS SERVICES
A. “I Speak” Poster and Cards
For the past five years, every courthouse in the First Judicial District has at least one
prominently displayed a large, framed “I Speak” poster. LEP persons can use the poster to
identify their language to an employee. In addition, the posters alert LEP persons about the
availability of language resources in a quick and easy manner.
This is particularly important for self-represented litigants who may be filing petitions
under extreme circumstances. For example, when courts are closed, Pennsylvania mandates
twenty-four hour coverage for petitioners filing under the Protection from Abuse Act. Very
frequently, self-represented litigants who have suffered from an abusive incident during
twilight hours must file legal paperwork at the Criminal Justice Center. In this extraordinary
circumstance,
Stand-up displays of the “I Speak” card are positioned on all information counters with
approximately 15 languages. In addition, counters are equipped with brochures that contain
approximately 40 different languages.
See Exhibit G for photos of “I Speak” posters in the courthouses.
B. Online Resources
All bilingual documents and forms are available on the First Judicial District’s website and
the employee Intranet.
Forms for traffic and family court that appear in a side-by-side translation format were
designed for ease of use for employees and enforcement officers. When employees type
information into the English portion of these electronic documents, the information
automatically populates onto the foreign language portion.
Side-by-side translation also allows both the LEP individual and any enforcement officer
to understand the document which results in accurate enforcement of an LEP individual’s
rights.
C. Interpreters
The First Judicial District utilizes the services of full-time interpreters, contracted
interpreter services, and on rare occasion, per diem interpreters.
AOPC EMPLOYS A TIERED INTERPRETER CREDENTIALING SYSTEM
All interpreters in the Commonwealth of Pennsylvania undergo the same tiered
credentialing process. Interpreters who do not attain the highest level—Certified—may still
qualify to serve as a translator, telephonic interpreter, or in court operations and lesser
proceedings. This rigorous system ensures provision of high quality service to LEP individuals.
THE PROCESS OF CERTIFICATION
15
An AOPC certified interpreter has reached the highest level of credentialing in
Pennsylvania. Only certified interpreters should be used in felonies; cases where the life, long-
term liberty, or property of the defendant is at stake; and jury trials.
16
Eight requirements must be completed before certification. Interpreters must complete:
program registration, orientation workshop, written examination, oral proficiency
examination, pass a background check, agree to uphold the interpreter rules of conduct and
professional responsibility, be at least 18 years of age, and pay any fees required by the court
administrator.
ORIENTATION WORKSHOP
17
The orientation workshop is a two-day training session hosted by the AOPC’s Interpreter
Certification Program which is offered two times a year.
Interpreters learn about the Pennsylvania Judicial System, interpreting skills, and modes
of interpretation. They receive preparation and materials helpful for passing the written and
oral examinations. Ethics and professional development are also emphasized because of the
important and sensitive nature of court functions.
Candidates may not take the written or oral examinations before completing the
orientation workshop.
WRITTEN EXAMINATION
18
Once candidates complete the orientation workshop they mail register for the two-part
written examination. The multiple choice portion contains 135 questions which measure entry-
level knowledge of English vocabulary, common words and phrases likely to be heard in court,
the typical progression of cases through the court system, and provisions of a code of
professional conduct. The test must be completed in two hours and 15 minutes. A score of
108 out of 135 is needed to pass.
Speakers of languages for which there is no full or abbreviated oral exam and sign
language interpreters are exempt from the language assessment exercise which is
15
http://www.pacourts.us/judicial‐administration/court‐programs/interpreter‐program/interpreter‐certification
16
http://www.pacourts.us/judicial‐administration/court‐programs/interpreter‐program/interpreter‐roster
17
http://www.pacourts.us/judicial‐administration/court‐programs/interpreter‐program/interpreter‐
certification/orientation‐workshops
18
http://www.pacourts.us/judicial‐administration/court‐programs/interpreter‐program/interpreter‐
certification/written‐examination
administered immediately after the multiple choice portion. The assessment consists of
translating 10 items from English into the candidate’s language within one hour. Candidates
are rated on a pass, borderline, or not pass scale and must pass the assessment in each
language for which they intend to interpret.
Candidates who do not pass the multiple choice exam must wait at least eight months
before they may register again and the language assessment is not graded. Those who pass
the multiple choice portion, but do not pass the language assessment must wait six months
to retake the assessment. Candidates may not take the same version of the test more than
twice and the APOC recommends that candidates do not take the same test more than once
in a calendar year.
In lieu of the language assessment, sign language interpreters must pass the CDI
knowledge test in either its written or signed version. They must then pass the CDI
performance test within five years in compliance with RID requirements. Interpreters are
responsible for notifying the program each time they register for a test and the subsequent
results. Interpreters who already hold a CDI from RID are exempt from the written exam,
and those who have passed the knowledge test must provide evidence to the program.
However, all candidates must complete the CDI performance test requirements within RID
guidelines.
ORAL PROFICIENCY EXAMINATION
19
Once candidates complete the orientation and pass the written exam, they are eligible to
take the oral proficiency exam for their language. Generally, an oral proficiency examination
has three parts: simultaneous, consecutive, and sight. Procedures for languages with an
abbreviated oral proficiency exam are the same as languages with a full examination.
First, candidates must pass the simultaneous portion of the exam and must then take the
other two parts within one year. To become certified, the candidate must receive a 70% or
higher on all three parts. However, candidates that do not qualify for certification but score
above 60% on all three parts are listed on the roster as qualified interpreters. Qualified
interpreters may work in limited types of cases while waiting to retake the tests to achieve
certification. Only certified interpreters should be used in felonies; cases where the life, long-
term liberty, or property of the defendant is at stake; and jury trials.
20
Test scores are valid
for two years but candidates may not take the same version of the test more than two times
and must wait for at least 10 months before retaking it.
For languages with no oral proficiency test, candidates must take an Oral Proficiency
Interview (OPI)—if one exists—and the Versant spoken English language test no later than
six months after passing the written exam.
19
http://www.pacourts.us/judicial‐administration/court‐programs/interpreter‐program/interpreter‐
certification/oral‐proficiency‐examination
20
http://www.pacourts.us/judicial‐administration/court‐programs/interpreter‐program/interpreter‐roster
The OPI was developed by the American Council on the Teaching of Foreign Languages
and is administered by Language Testing International. The test evaluates the oral
communication skills of candidates in over 50 languages. A recorded telephone interview is
blindly rated by two ACTFL Certified OPI Testers, whose independent ratings must agree
before an official rating is released.
21
Candidates must earn a rating of “superior” which
requires the ability to communicate with accuracy and fluency in a variety of topics without
unnaturally lengthy hesitation.
The Versant spoken English language test is an automated test administered by Pearson.
The candidate responds to prompts over the telephone which are automatically recorded and
scored. The candidate must receive a combined score of 47 in the areas of reading, sentence
construction, vocabulary, fluency, pronunciation, and overall comprehension.
Sign language interpreters must pass a multiple choice exam and provide proof of
certification by the Register of Interpreters for the Deaf (RID) or the National Association of
the Deaf (NAD). A copy of a certificate and a valid active membership card or letter from RID
or NAD certifying both the results of the proficiency exam and status. In addition, the
candidate must hold a relevant certificate for legal interpretation as determined by the Court
Administrator.
RECERTIFICATION
Once certified, all interpreters must renew their certification every two years from the
date they completed all certification requirements and were placed on the roster. To renew
their certifications every two years, interpreters must complete 16 continuing education
credits, undergo a new background check, and be in good standing with the program.
OTHERWISE QUALIFIED INTERPRETERS
If a certified interpreter is not available, the court is authorized to use an otherwise
qualified interpreter. The presiding judicial officer shall determine the interpreter’s
qualifications by conducting a voir dire and determining that the interpreter has read,
understands, and agrees to abide by the Rules of Professional Conduct.
22
The suggested voir dire, found in the Presenza Protocol (Exhibit A), ascertains an
interpreter’s possible conflicts of interest, training, education, experience, expertise, and
ethics and conduct. The interpreter must swear to abide by the Rules of Professional
Conduct for Judiciary Interpreters in the Oath for Interpreters.
IN-HOUSE INTERPRETERS
Currently, the FJD employs five Spanish interpreters as full-time employees distributed as
follows: two at the Criminal Justice Center, one at Family Court, one at Juvenile Court, and
one at Municipal Court. No sign interpreters are employed full-time because demand is
inconstant and one team wouldn’t be enough to cover demand when it arises. The current
21
http://www.languagetesting.com/oral‐proficiency‐interview‐opi#oral‐proficiency‐interview‐opi‐q3
22
204Pa.Code203(b)(1)(i)(A)–(C)
roster reflects the best balance between interpreter demand and prudent and practical use of
judicial resources.
The FJD in-house interpreters are of the highest quality. To be considered, new hires must
be certified by the AOPC or a body of reciprocal standing. All in-house interpreters must
complete the FJD orientation classes to the courtroom and common terminology specific to
their court assignment.
All in-house interpreters must complete 16 continuing education credits every year to
maintain existing skills and keep current with any new information or breakthroughs in the
field. Through collaboration with community stakeholders, the FJD offers many programs
which count towards continuing education accreditation and which in-house interpreters may
attend free of charge. This arrangement benefits the FJD with better qualified interpreters,
the interpreters with free education and credentials, and most importantly, LEP individuals
with readily available and professional assistance throughout their juridical experience.
INTERPRETER COMPANIES
The FJD has one-year contracts with three spoken language and two sign language
companies which have been extended for numerous years. These companies handle both in-
person and telephonic interpreter requests on demand at a fixed rate. However, if none of
the companies have a certified interpreter in the specified language, the FJD may secure an
otherwise qualified interpreter through other means.
Currently, the FJD contracts with three spoken word interpreter services—Quantum, Inc.,
Language Services Associates, and EZ Languages—and two sign language interpreter
services—Communication Connection and Deaf Hearing Communication Centre, Inc.
D. Assigning, Coordinating, and Deploying Interpreters
HOW TO REQUEST AN INTERPRETER
Though the Pennsylvania Rule places the burden of requesting an interpreter on the LEP
individual, First Judicial District staff are required to identify the need for and schedule
language assistance services every time an individual files a case.
Anyone may request an interpreter by contacting the Language Access Coordinator who
secures and schedules the most qualified available interpreter.
Interpreter Request Forms—available on the FJD website and Intranet—are typically
emailed or faxed to the office, but requests by phone or letter are also accepted.
Members of the public typically request an interpreter through the court staff or an
attorney, but they may also find request forms on the FJD website and contact the office
themselves.
In the event that telephonic interpretation is required, all FJD staff members have received
the phone numbers for the telephonic interpreter company.
PROCESSING AN INTERPRETER REQUEST
All requests are first logged into the case management database. Afterward, Coordinator
DiPrimio communicates with the interpreter companies to determine what services they can
provide. Ms. DiPrimio chooses the agency that has a certified interpreter first. If none are
available, other agencies in Philadelphia are contacted.
If no certified interpreter can be found, reliability and past history are taken into account
when choosing an Otherwise Qualified interpreter. Those who have the best skills, a history
of punctuality, and an absence of negative comments receive preference.
COORDINATING WITH AND DEPLOYING THE INTERPRETER
It takes at least a week to secure a sign interpretation. Spanish is immediately available
because all courts employ at least one full-time Spanish interpreter. Vietnamese interpreters
are also usually available on short notice. The other more common languages typically require
a week’s notice and some of the rarer languages can take up to two to four weeks.
Coordinator DiPrimio makes every effort to transfer as much information as possible to
the interpreter including the name and type of proceeding, facts about the case, and possible
conflicts of interest.
The Coordinator makes every effort to “piggyback” cases requiring the same language in
the same courthouse on the same day to increase efficiency and reduce costs. Interpreters
work with court staff to coordinate proceedings and remain in contact by phone throughout
the day.
INTERPRETER CANCELLATION POLICY
An assigned interpreter or interpreter company who cancels for any reason is not paid for
the engagement.
If an interpreter cancels more than three times, the interpreter company is asked not to
send that person in the future. In the case of a per diem interpreter, that person is no longer
contacted to fill future interpreter requests.
ADVANCE NOTIFICATION SYSTEM IS THE KEY TO AN EFFICIENT LANGUAGE ACCESS
PROGRAM
The FJD employs an efficient and cost-effective Advance Notification System which has
significantly reduced costs, miscommunications, and inconvenience to both the court and its
LEP customers. Every week, Roseann DiPrimio sends an e-mail to designated staff at the
Criminal Justice Center, Juvenile Court, Family Court, District Attorney’s Office, Public
Defenders Office, Community Legal Services, Municipal Court, Small Claims Court, Landlord-
Tenant Court, and Code Enforcement with the list of interpreter requests for the following
week. Roseann is then informed about cancellations and any requests that are not in the
system. For the vast majority of requests, a week is sufficient notice to secure qualified
interpreter services. The FJD’s Advance Notification System has nearly eliminated both wasted
interpreter costs due to unknown cancellations and inconvenient continuances due to lack of
an interpreter.
The FJD also works with social service agencies, legal aid services, and community groups
to help identify cases that may require language assistance services. In the past it has worked
with Journey to Recovery, Deaf Services Agency, and Philadelphia VIP. Through the District
Attorney’s Office, the FJD coordinates language assistance services for jails, victims, and
witnesses.
PAYMENT
Upon completion of an assignment, the interpreter must send an invoice and tax
information to Deputy Court Administrator Fasy.
Interpreters working for one of the contracted companies are paid a flat fee. Per Diem
interpreters are paid according to a rate negotiated with Coordinator DiPrimio prior to the
assignment.
E. Translated Materials
The FJD identifies and prioritizes vital documents to translate into non-English
languages in the top 5 most requested languages which have been Khmer (Cambodian),
Chinese, Russian, Spanish, and Vietnamese.
EARLY EFFORTS (1989) TO PRODUCE A TRANSLATED DOCUMENT IN PFA COURT
While working in Family Court, as a new judge in 1988, Judge Chen had the opportunity
to work with Osvaldo Aviles, who was serving (at that time) as the full-time Court Interpreter
for the Family Court. (Mr. Aviles provided interpreter services in both the Domestic Relations
Branch situated at 1600 Walnut Street and at the Juvenile Delinquency & Dependency Branch,
located at 1801Vine Street.)
As such, Judge Chen received substantial training and guidance from Mr. Aviles regarding
the proper protocols for working with spoken language interpreters.
In 1989, Judge Chen recommended to court administration, that the FINAL PROTECTION
FROM ABUSE ORDER issued by Family Court judges, pursuant to the Pennsylvania Protection
from Abuse Act (PFA), be translated into the Spanish language, due the frequent usage of the
legal document in conjunction with the Spanish language.
Thereafter, Mr. Aviles and Judge Chen spent their lunch period reviewing and discussing
the meaning of the words in the court order (as set forth in Rule 1905(e) of the Pennsylvania
Rules of Civil Procedure). Not only did Mr. Aviles provide the translation, he also prepared
and formatted the typed version.
Family Court immediately adopted this legal document, translated in the Spanish
language, in 1989.
PFA FINAL ORDERS ARE TRANSLATED INTO ADDITIONAL LANGUAGES IN 2006,
REFLECTING THE DIVERSITY OF THE LITIGANTS IN FAMILY COURT
Subsequently, in 2006, changes in the PFA law required an updating of the Spanish
translated order. At this juncture, Judge Chen recommended that the FINAL PROTECTION
FROM ABUSE ORDER be translated into four additional languages, based on the diversity of
the litigants appearing in PFA court.
Looking at the statistics compiled by the FJD with regard to the usage of language
interpreters for the various courtrooms in Family Court, Deputy Court Administrator Janet
Fasy authorized translations in the additional languages: Vietnamese, Chinese, Russian, and
Khmer (the Cambodian language).
Judge Chen was asked to work with the various translators from Quantum, Inc., a
professional interpreter and translation company based in Philadelphia, and to act as the
English legal editor.
A NEW FORMAT IS DESIGNED FOR PFA ORDERS IN 2008
In 2008, due to additional significant amendments to the PFA law and the various changes
to the Pennsylvania Rules of Procedure, the translated orders were revised again.
On this occasion, Javier Aguilar, the full-time Court Interpreter in Family Court (serving in
the Domestic Relations Branch of 34 S. 11
th
Street) and Judge Chen worked together to revise
the translation.
Relying on his experience as a journalist, along with his expertise in the Spanish language,
a new format was devised which took into account how various texts (such as warnings to
Respondents regarding sanctions for violations to the court order) should appear.
For example, Mr. Aguilar recommended that the subheading, “NOTICE TO THE
DEFENDANT” should appear in capital letters, in bold print and underlined, to attract the
defendant’s attention.
Although generally, the English and Spanish texts would appear side by side (in a parallel
translation format), Mr. Aguilar suggested that the most effective way to advise the Defendant
of any potential sanctions would be to display the text in CAPITAL LETTERS AND ACROSS THE
ENTIRE WIDTH OF THE PAGE, SO AS TO CAUSE THE READER TO SLOW DOWN AND FOCUS
ON THE MEANING OF THE WORDS.
Working again with Quantum, Inc., the First Judicial District required that the company
provide two translators, one to translate and the other to act as the translator editor (one of
whom had to be a certified translator). Again, Judge Chen volunteered to serve as the English
editor, due to her familiarity with the PFA law.
PFA FINAL ORDERS ARE UPDATED (2010) IN ACCORDANCE WITH THE FJD’S STYLE
MANUAL
In 2010, the same documents were updated again by Quantum, Inc., in the five
languages: Spanish, Vietnamese, Chinese, Russian, and Khmer. (Suzana Volquarts served
as the Project Manager for Quantum.)
In particular, this set of translated documents achieved a higher standard, in that, by
2009, the First Judicial District established a “Style Manual for the Translation of Legal
Documents. (See Exhibit B, “STYLE MANUAL FOR THE TRANSLATION OF LEGAL DOCUMENTS
FOR THE FIRST JUDICIAL DISTRICT”, prepared by Judge Chen and dated July 29, 2009.)
PROTECTIVE ORDERS ISSUED IN THE CRIMINAL COURTS ARE TRANSLATED IN 2010
Also in 2010, three versions of a “Protective Order” issued by judges serving in the
Philadelphia criminal courts, pursuant to Title 18 (the Pennsylvania Crimes Code), Section
4954, were translated in the five designated languages by Quantum.
FJD’S TRANSLATED ORDERS ARE FORWARDED TO AOPC FOR STATEWIDE
UTILIZATION
Over the years, all translated legal documents were forwarded to Osvaldo Aviles,
Interpreter Program Administrator at the Administrative Office of Pennsylvania Courts
(AOPC), to post at the website of the Pennsylvania Supreme Court, in order to facilitate state-
wide utilization.
AOPC TAKES THE LEAD IN PRODUCING OVER 165 PFA LEGAL DOCUMENTS & ORDERS
IN 11 LANGUAGES
Finally, in 2011, the First Judicial District requested that the AOPC provide for the
translation of various additional legal documents and forms under the PFA law, in the five
initial languages and in various additional languages.
Working with Language Services Associates (LSA) and with the support of a grant, Mr.
Aviles planned, facilitated and produced the translation of 15 documents/orders in the
following eleven (11) languages: Arabic, Chinese (simplified Chinese), French, Haitian Creole,
Khmer, Korean, Spanish, Polish, Portuguese, Russian, and Vietnamese. Mr. Aviles designated
Judge Chen of the First Judicial District to act as the “English Editor” and the “Subject Matter
Expert”, and to work with a variety of respective translators and translator editors, based
throughout the nation.
NEW MATERIALS TRANSLATED BY THE FIRST JUDICIAL DISTRICT IN 2014
Family Court
Child Custody-6-11
Custody-Exceptions/CF620\\REV 9/07
Divorce Hearings/D0995\\REV9/05
Domestic Violence and Welfare Support Requirements
Notice to Appear – Support
Order to Appear – Modification Conference/Form OM-503 03/12
Traffic Court
02-52 Order-Request for Recovery of Impounded Motor Vehicle
02-68 Scheduling Order-Summary Trial
Scheduling Order/Commitment
Defendant Information Form
Petition Seeking Permission to Appeal Nunc Pro Tunc
American with Disabilities Act-Interpreter Request Form 5-10-12
Notice of Appeal from Summary Conviction
Request for Continuance
FTA After Scheduling Order Issued-BW Issued
Municipal Court – Civil
Notice of Judgment of Possession and/or a Money Judgment Against You – 293
Notice of Judgment of Possession and/or a Money Judgment in Your Favor – 292
Small Claims – Pamphlet
Small Claims – Pamphlet Cover
VI. MONITORING, UPDATING, AND ENFORCING
COMPLIANCE
In accordance with the Department of Justice’s recommendation, the First Judicial District
has resolved to annually monitor its language access services, review its language access
plan, and update its future actions.
The following chapter outlines the procedures for monitoring, updating, and review as well
as enforcing compliance with protocol upon notification of service issues.
A. Prioritizing Future Action
Deputy Court Administrator Janet Fasy and Judge Chen frequently confer and conduct
informal meetings to discuss their strategic plan, for the upcoming year, with respect to
maintaining and initiating language access throughout the courts. A formal luncheon meeting
generally occurs in December, after the annual fall training for interpreters, which usually
occurs in October.
Moreover, Fasy and Chen will meet the representatives of the Delaware Valley Translators
Association (DVTA) and Widener Law School annually, to plan a working agenda for the
following year.
B. Assessment of Procedures and Updating Policies
The First Judicial District formulated a language access plan in 2013 in accordance with
U.S. Department of Justice Guidance.
The FJD will annually review its language access services and procedures using the DOJ
“LanguageAccessPlanningandTechnicalAssistanceToolforCourts”,datedFebruary2014.Itis
envisionedthata“WorkGroup” willbe assembledtoreviewandupdatetheLanguageAccess
Plan.TheWorkGroupwill consistofthefollowingindividuals:DeputyCourtAdministratorJanet
Fasy,LanguageAccessCoordinatorRoseannDiPrimio,BenTilghman,Esq.,andJudgeIdaChen.
Variousindividualsinthecourtsystemandotherstakeholderswillbeconsultedonanasneeded
basis.
Future plans and updated policies will be reflected on an annual basis in the Language
Access Plan for the First Judicial District of Pennsylvania’s Court Reporter, Digital Recording,
and Interpreter Administration.
C. Feedback Procedure
The First Judicial District is in the final stages of formalizing its long-standing procedure
for handling suggestions, complaints, concerns, or comments regarding language access
services. Where all relevant information was previously obtained and recorded by the
Language Access Coordinator, an official form has been created for distribution on the FJD’s
website. The form is attached as Exhibit M.
Use of the official form ensures receipt of all necessary information, but all feedback may
be submitted by phone or email.
The FJD receives approximately three complaints a year. All complaints have been handled
successfully; and, other than continuances, language access issues have not negatively
impacted any cases.
PROCEDURES FOR SUGGESTIONS, COMPLAINTS, CONCERNS, OR COMMENTS
REGARDING LANGUAGE ACCESS SERVICES
The Language Access Coordinator in Interpreter Administration receives all suggestions,
complaints, concerns, or comments regarding language access services and immediately
begins an investigation where appropriate.
All information is added to the Interpreter scheduling database under the “Comment”
section, adding the complaint form as an attachment, and updated throughout the process.
Typically required information includes the date; language of the interpreter; courtroom; and
names of the complainant, interpreter, LEP individual, and interpreter agency (if applicable).
In the case of a complaint or issue regarding an interpreter, the Coordinator calls the
respective agency/interpreter and discusses the issue, followed by an email. Agencies speak
with their interpreter directly and subsequently notify the Coordinator about the interpreter’s
version of events and explain what action they have taken.
The Interpreter Coordinator then reports to the Deputy Court Administrator who reviews
all of the information. If further clarification is necessary, a phone call is made to the judge,
courtroom staff, or the interpreter. If the complaint is substantiated, the Deputy makes a
determination which could result in, but is not limited to, a discontinuance of a professional
relationship with the interpreter, a temporary suspension of the relationship, or extra training
to ensure the interpreter understands his/her duties and responsibilities as a legal interpreter
in the First Judicial District.
The Deputy then either sends an email or calls (or designates the Coordinator to do so)
the complainant or LEP client and explains the results. If necessary, an interpreter is used to
explain the circumstances, apologize, or explain the final decision.
VII. FUNDING
The First Judicial District receives funding from the City of Philadelphia as well as
state funding to ensure the interpreter program is fully supported so all LEP individuals in
need have access to language services.
Data on the total costs for all on-site as well as out-of-court services (text
translations, telephone interpretation, and special requests) is listed below.
ABBREVIATION KEY
CJC: Criminal Justice Center
1501 Arch Street - Juvenile Family Court and Domestic Relations Branch
MC Civil: Municipal Court – Civil Matters
1401 Arch: Adult Probation and Parole Department
CFCF: Curran-Fromhold Correctional Facility
2106 ON-SITE COSTS
Location # of Requests Cost
CJC 1,696 341,649.02
1501 Arch 959 186,372.13
Juvenile/DR
MC Civil 393 60,974.62
City Hall 248 66,146.71
1401 Arch 4 474.00
Traffic Court 557 74,773.81
CFCF 24 3,146.56
Arbitration Center 145 20,490.68
Mental Health Courts 126 18,867.02
Total On-site 4,152 $772,894.55
VIII. PLANNING FOR FUTURE ACTION
The First Judicial District has a number of short-term and long-term action items which
have been prioritized using the procedure outlined in Section VI (A).
A. Short-Term Goals
The FJD believes that the best way to increase the delivery of language access
services is to invest time and effort in the training of judiciary interpreters, attorneys, court
personnel and staff, and judicial officers.
PROVIDING TRAINING FOR JUDICIARY INTERPRETERS
An increase in both the quality and number of certified and “otherwise qualified”
interpreters is vital to the development of language access services for the First Judicial
District. Moreover, if interpreters serving the Philadelphia courts attain certification, this
inures to the benefit of the courts throughout the southeastern region of the Commonwealth
of Pennsylvania. (It is noted that most freelance interpreters seek work within a large
geographical sector.)
First Judicial District’s Pioneering Shadowing Program Continues to Thrive
Initiated by Deputy Court Administrator Fasy in 2011 and implemented in 2012, the First
Judicial District’s Shadowing Program is in its sixth year of operation.
This seven-month program is coordinated by Winifred Gilmore and support staff in Judge
Chen’s office as well as the Philadelphia Family Court.
Both Deputy Court Administrator Fasy and Judge Chen have made it a priority to further
develop and enhance this program, which provides singular opportunities for professional
development.
2016 FJD SHADOWING PROGRAM AGENDA:
Training For Judiciary Interpreters Regarding Family Law & Procedures
At the New Family Courthouse
The FJD has commenced the planning process for an interpreter skills training program,
in partnership with Widener University School of Law, which will focus on family law and
procedures.
Administrative Judge of Family Court, Honorable Kevin Dougherty, and the Supervising
Judge of Family Court, the Honorable Margaret Murphy, have authorized the use of the new
Family Courthouse, located at 15
th
and Arch Streets, as this year’s training site.
This program was conducted to take full advantage of the new Family Courthouse facilities
in order to capture the maximum impact and unique opportunity of conducting an interactive
training program regarding the substantive and procedural aspects of Family Law, within the
walls of the same courtrooms where our interpreters will be serving.
The FJD reached out and created a program that included the AOPC, the Family Law
Section of the Philadelphia Bar Association, DVTA, the Pennsylvania Interbranch Commission
for Gender, Racial & Ethnic Fairness, the contract interpreter agencies (EZ Language,
Language Services Associates, Quantum, Inc.), and the Court Administrators from the
surrounding county courts, in order to present a collaborative training program.
PROVIDING TRAINING FOR MEMBERS OF THE BAR
On March 8, 2017, Janet Fasy, representing the FJD, will be amongst a panel
presenting to attorneys at a planned Philadelphia Bar Association: “Navigating Legal
Language Access.” Other panel members include Osvaldo Aviles and Antonio E. Guerra,
President of the Delaware Valley Translators’ Association, as well as Tsaiwan M. Law,
Esquire, and Rodolfo Tellez, Court Interpreter. CLE credits will be awarded.
In 2015, and again in 2016 there were panel seminars conducted by PBA and PBI on
the use of interpreters for the members of the Philadelphia Bar Association for which
Continuing Legal Education credits were awarded.
These seminars inform attendees regarding the availability of language access services,
how to request an interpreter, how to utilize an interpreter, and some “best” and “worst”
practices for working with interpreters.
In planning this program for the criminal defense bar, the FJD drew upon its past
experience when the FJD provided a training program for members of the Family Law Section
of the Philadelphia Bar Association, in collaboration with the Pennsylvania Interbranch
Commission for Gender, Racial and Ethnic Fairness.
The FJD has participated and collaborated in creating educational programs such as, “The
Philadelphia Story: Working with Interpreters in Family Court. It was conducted during the
monthly meeting of the Family Law Section. The program was approved for continuing legal
education credits (CLE).
The program, chaired by Leonard Rivera, Esq., a member of the Pennsylvania Interbranch
Commission, featured speakers from the First Judicial District, including Family Court Judiciary
Interpreter Javier Aguilar, Deputy Court Administrator Janet Fasy and Judge Ida Chen. Also,
Interpreter Program Administrator Osvaldo Aviles of the Administrative Office of Pennsylvania
Courts (AOPC) appeared to provide information regarding the AOPC regulations and the
interpreter certification process.
PROVIDING TRAINING FOR COURT PERSONNEL & STAFF
Training Court Officers in the Criminal Courts
Having conducted training for court officers and court personnel serving in the Municipal
Court, Family Court and Juvenile Court, with respect to language access procedures, Deputy
Court Administrator Fasy plans to use that experience to train court officers in the criminal
courts throughout the Court of Common Pleas. (It is important to note that the criminal
courts, which are a part of the Trial Division, have the largest number of assigned judges and
courtrooms within the First Judicial District.)
The training will be modified to reflect criminal court procedures and protocols. In
particular, the officers will be trained on the use of interpreters through the utilization of
remote interpreting technology (such as telephonic services or remote video interpreting), as
well as, the AOPC regulations which set forth the limitations on the use of remote interpreting.
PROVIDING TRAINING FOR JUDICIAL OFFICERS
Training Hearing Officers & Municipal Court Judges in Traffic Proceedings
Deputy Court Administrator Fasy hopes to have the opportunity to plan a program for the
training of the newly designated Hearing Officers and Municipal Court Judges, who will be
involved in adjudicating traffic matters, with regard to the importance of language access,
language access procedures and how to work with interpreters.
Previously, in 2012, Deputy Court Administrator Fasy, Interpreter Program Administrator
Osvaldo Aviles of the AOPC and Judge Chen, provided training for the Traffic Court Judges of
Philadelphia. The three-hour program was conducted in Harrisburg.
With the recent structural changes involving the adjudication of traffic matters now in
place, this may be a good time to provide training to a new set of judicial officers.
B. Long-Term Goals
TRANSFORMATION OF THE PHILADELPHIA COURTS & THE COURT SYSTEM
The First Judicial District has transformed itself in many ways through outreach,
collaboration, translation of forms and documents and signed in order to look and perform
like an institution that delivers language access in a comprehensive and consistent manner.
Changes in the physical appearance of the courts, structural changes affecting technology
and changes regarding organizational dynamics, will all play a role in the transformation
process.
This transformation can be achieved over a period of time.
Displaying Signage Which Aids All Court Users
At the outset, there have been signs posted in the lobby of all courthouses regarding how
to access language services.
Moreover, all signs throughout the respective courthouses and related spaces are
consistent with the Justice Department suggestions in various languages as an aid to all court
users, regardless of whether they are litigants or witnesses.
Invoking Technology to Expand Capacity
As far as infrastructure changes, the new Family Court building at 15
th
and Arch Streets
has been retrofitted with hardware and software equipment to enable telephonic and remote
video interpreting services. Technological mechanisms and appropriate apparatus have been
embedded within the walls and floors, and sound systems will be augmented. New technology
for older courtrooms in the Criminal Justice system have been procured to provide video
remote conferencing, a first step to video remote interpreting. A committee is currently
working on procuring the most appropriate software to produce video remote interpreting in
all courtrooms.
Developing a Language Accessible FJD Website
Members of the public are accustomed to accessing the Internet while seeking guidance
on how to proceed in addressing legal matters, especially those individuals who are “self-
represented litigants”. Thus, the FJD will continue to identify resources to redesign and
update its website to make its communication truly accessible to litigants with limited English
proficiency, as well as those who seek an accommodation. To that end, translated Request
for Interpreter and PFA forms, how-to brochures and documents have been uploaded to the
FJD’s website.
Court Leadership Embracing Language Accessibility as a Priority
Moreover, the transformation of a court system is more likely to be achieved and sustained
when it is championed by court leadership and even more so, where language accessibility is
designated and embraced as a “top priority”, at all levels of the organization.
Changing the “Culture” of the Courts & Debunking Myths
Some may think that by imposing new laws and regulations, a court system would be
motivated to bring about change. Generally, any kind of change within an institution, as
venerable as a court system, is very difficult to achieve.
As part of a transformation process involving the courts and the court system, it would be
important to change the “culture” of the courts and to debunk the myths surrounding the
abilities and capabilities of non-native English speakers.
SYSTEMATIC INSTITUTIONALIZATION OF LANGUAGE ACCESSIBILITY
Overall, the FJD’s long-term goal to transform the courts is being achieved by continuing
to institutionalize effective language access policies, procedures and protocols, as well as,
programs and activities, throughout the courts and the court system.
Inculcating the Maintenance of Advance Notification Systems
On the other hand, well-established court procedures and written protocols relating to
language access, such as the establishment of “advance notification systems” (where all parts
of the court system know how and where to initiate a request for language services and
understand what information should be elicited at the outset in order to engage appropriate
support, and where there is documentation to facilitate follow-through), as the FJD has done
over the course of the last 5 years, such procedures, over a period of time, become a part of
the institutional culture of the courts.
Adopting Local Rules Which Ensure Language Access
Another example of systematic institutionalization is the adoption of court rules. To
supplement the Pennsylvania Rules of Civil Procedure, county courts often adopt “Local
Rules”, where some efficiency or fairness to litigants can be achieved to address variations in
a unified judicial system.
On May 15, 2014, under the leadership of the Honorable Margaret Murphy, Supervising
Judge of Family Court, Local Rules for the Philadelphia Family Court, relating to the
Pennsylvania Protection from Abuse Act, were adopted by the Board of Judges of the First
Judicial District.
For the first time, a rule addressing the availability of “Bilingual Forms” in the Spanish
language, as well as in other languages, was established (as it pertains to civil domestic
violence cases), as follows:
Local Rule 1905.1 Bilingual Forms.
Bilingual forms shall be made available to litigants with limited
English proficiency in the Spanish language, and in other
languages, as the need arises.
“GAINING” IN TRANSLATION
23
Producing bilingual legal documents and forms has been an ongoing, long-term project
for the First Judicial District. Over a period of time, the FJD has established a catalogue of
important bilingual materials. And as the laws and legal procedures of this Commonwealth
23
Areferencetothemovie,“LostinTranslation”.
continue to be enacted, promulgated and amended, there will always exist a wealth of vital
court orders, legal notices, other documents and court forms, which need to be translated.
Translating Documents on an Ongoing Basis
The following documents will be translated:
Municipal Court - Criminal:
PFA Emergency Package
Emergency PFA Resource List
PFA Brochure
Family:
TherehavebeenanumberofdocumentsinFamilyCourt,bothinthedomesticrelations
branchandinthejuveniledelinquencyanddependencycourtsthatwereaddedtoourlistof
translateddocumentsinourtoptenmost‐neededlanguages,andtothelistofsoon‐to‐be
translateddocuments..
ATTAINING “DHARMA” (LIVING IN HARMONY WITH THE LAW)
Much of what court systems and institutions struggle with involve the need to be in
“compliance” with the law.
The FJD’s Language Access Plan begins by addressing the legal bases for language
accessibility, as it relates to state and federal laws and regulations. (See Section I.C.)
Ultimately, the FJD aspires to attain the state of “dharma”, whereby the court system, as
an evolving institution, can reach beyond its mandate to operate in compliance with the law
- - and instead, freely functions in harmony with the law.
IX. CONTACT INFORMATION
It is suggested that every court system has in place a Language Access Coordinator
responsible for collecting data on LEP court user satisfaction as well as monitoring the
complaint system for evidence of problems to address. This individual is also responsible
for reviewing and updating the language access plan on an annual or biennial basis.
The First Judicial District Court Administrative Officer Roseann DiPrimio has taken on the
role of Language Access Coordinator and assumed all responsibilities therein.
Ms. DiPrimio will monitor the LEP user satisfaction/complaint system and will review and
update this language access plan on an annual basis.
Roseann DiPrimio
Court Administrative Officer/ Language Access Coordinator
(215) 683-8000
[email protected]
Janet C. Fasy
Deputy Court Administrator
Court Reporters, Digital Recording and Interpreters
First Judicial District of Pennsylvania
100 South Broad Street
Second Floor, Land Title Building
Philadelphia, PA 19110
[email protected]