Legislation
SECTION 391
Limited English proficient litigants' data
Judiciary (JUD) CHAPTER 30, ARTICLE 12
§ 391. Limited English proficient litigants' data. 1. For the purposes
of this section, the following terms shall have the following meanings:
(a) "primary language" means the dominant language a litigant speaks
in everyday situations, including but not limited to their home, work,
school, and community environments;
(b) "limited English proficient (LEP) litigant" means a participant in
a legal proceeding, whose limited ability to speak or understand the
English language, has created a communications barrier to understanding
his or her legal rights or impairs his or her ability to participate
fully in court programs or services; and
(c) "language assistance services" means oral and written services
needed to assist LEP litigants to communicate effectively with court
personnel and to provide LEP litigants with meaningful access to, and an
equal opportunity to participate fully in, court programs or services,
so that LEP litigants are placed in the same position as similarly
situated persons for whom there is no such barrier.
2. The office of court administration shall collect and maintain data
on all limited English proficient litigants in all courts within this
state; provided, however, that such data shall not be collected from
those courts designated as town or village courts. At a minimum, the
office of court administration shall collect and maintain data on the
following:
(a) the number of limited English proficient litigants who are
litigants in courts within this state, disaggregated by court and
county, and the primary language of such litigants;
(b) the number of such limited English proficient litigants served,
disaggregated by court and county, the type of language assistance
services provided and the primary language of the litigant served; and
(c) the number of interpreter personnel employed by the courts,
disaggregated by court and county and the language translated or
interpreted by such personnel.
3. The office of court administration shall make the data required by
this section publicly available on its website, provided, however, that
such data shall not include identifying information and nothing in this
section shall be construed to permit the office of court administration
to use, disseminate, or publish any identifying information, including a
litigant's name, date of birth, social security number, docket number,
or other unique identifier.
of this section, the following terms shall have the following meanings:
(a) "primary language" means the dominant language a litigant speaks
in everyday situations, including but not limited to their home, work,
school, and community environments;
(b) "limited English proficient (LEP) litigant" means a participant in
a legal proceeding, whose limited ability to speak or understand the
English language, has created a communications barrier to understanding
his or her legal rights or impairs his or her ability to participate
fully in court programs or services; and
(c) "language assistance services" means oral and written services
needed to assist LEP litigants to communicate effectively with court
personnel and to provide LEP litigants with meaningful access to, and an
equal opportunity to participate fully in, court programs or services,
so that LEP litigants are placed in the same position as similarly
situated persons for whom there is no such barrier.
2. The office of court administration shall collect and maintain data
on all limited English proficient litigants in all courts within this
state; provided, however, that such data shall not be collected from
those courts designated as town or village courts. At a minimum, the
office of court administration shall collect and maintain data on the
following:
(a) the number of limited English proficient litigants who are
litigants in courts within this state, disaggregated by court and
county, and the primary language of such litigants;
(b) the number of such limited English proficient litigants served,
disaggregated by court and county, the type of language assistance
services provided and the primary language of the litigant served; and
(c) the number of interpreter personnel employed by the courts,
disaggregated by court and county and the language translated or
interpreted by such personnel.
3. The office of court administration shall make the data required by
this section publicly available on its website, provided, however, that
such data shall not include identifying information and nothing in this
section shall be construed to permit the office of court administration
to use, disseminate, or publish any identifying information, including a
litigant's name, date of birth, social security number, docket number,
or other unique identifier.