S.D. 1st Jud. Cir. Language Access Plan

First Judicial Circuit

Language Access Plan

I. Legal Basis and Purpose

This document serves as the plan for the First Judicial Circuit Courts of the State of South Dakota to ensure access

to the court and court services for persons with limited English proficiency (LEP) and deaf/hard of hearing persons. It

is designed to respond to Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act and to the

requirements imposed by Executive Order 13166, South Dakota state law and related guidance. This plan provides a

framework for the provision of timely and effective language assistance to persons with LEP who come in contact

with the courts of the First Judicial Circuit.

Section 601 of Title VI of the Civil Rights Act of 1964, 42 USC Section 2000d et. seq. 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.” Executive Order 13166 requires all agencies receiving federal funds to address the needs of persons

who, due to LEP, cannot fully and equally participate in the agency’s programs without language assistance.

The US Department of Justice (USDOJ) has issued policy guidance on the responsibility of courts under this order

to provide interpreting and translating services. The USDOJ has the right to investigate complaints against any

agency that does not provide free languages services when necessary to participate in the program.

South Dakota state laws addressing court interpreting are found at SDCL 19-3 and SDCL 19-14 et. al, and are

reproduced in the Current South Dakota Laws Concerning Court Interpreting section of the 2011 Report to the South

Dakota Supreme Court, Supreme Court’s Committee to Study the Use of Interpreters and Translators in the South

Dakota Court System.

II. Demographics

Interpreter needs in the 14 counties of the First Judicial Circuit courts are relatively limited. Except for Buffalo

and Charles Mix counties which have large Native American populations (84% and 31.7% respectively) which

generally do not require interpreters, the First Circuit is 95.01% white. This is notably higher than the white

population statewide at 85.9%. Hispanics constitute 1.73% of the population in the First Circuit (with the largest

concentration being in Aurora County with 3.7%). Statewide the Hispanic population is 2.7%.

See US Census Bureau, 2010 Census QuickFacts, South Dakota.

III. Needs Assessment

The First Judicial Circuit Court makes and will continue to make every effort to provide services to all persons

with LEP. The following list shows the foreign languages that were used in the past three years in the First Judicial

Circuit in addition to sign interpreters for the hearing impaired:

1. Spanish

2. Somali

3. Russian

4. Ukraine

5. Burmese

6. Karen

7. French

8. Cambodian

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Review of the three-year statistics and a poll of the counties in the First Circuit revealed that Spanish interpreters

were by far the most frequently needed; however, interpreter needs will vary based on particular needs of

individuals involved in court proceedings. The First Judicial Circuit Court currently determines those particular needs

and provides interpreter services on a case by case basis in accordance with all applicable laws and will continue to

do so in compliance with any policies, rules, or laws established that may pertain to provision of interpreter services.

IV. Language Assistance Resources

A. Determining the Need for an Interpreter in the Courtroom

“When a witness cannot communicate or understand the English language the court shall procure and

appoint a disinterested interpreter or translator for him. . . .” SDCL 19-3-7. It is at the Court’s discretion to make the

determination when an interpreter is necessary. Among the factors taken into consideration by the court are

whether a party or person whose presence is necessary or appropriate in a court proceeding:

1. Is unable to accurately describe persons, places and events related to the proceeding due to a

non-English speaking background or hearing impairment;

2. Is unable to tell the court “what happened” over a period of time;

3. Is unable to request clarification when statements are vague or misleading, to defend or

advocate a position, or otherwise meaningfully participate in a proceeding;

4. Is not on equal footing with an English-speaking person with an equivalent education or

background;

5. Is unable to speak or understand English and translation is necessary to allow for effective

participation in a proceeding.

See Supreme Court’s Committee to Study the Use of Interpreters and Translators in the South Dakota Court System,

2011 Report to the South Dakota Supreme Court, November 18, 2011, p.23 - 24.

The Court further determines who qualifies for an interpreter by undertaking the following analysis:

An individual who cannot speak English, or cannot otherwise understand a communication in English,

qualifies for appointment of an interpreter if:

1. The individual is a party to a proceeding;

2. The individual’s presence is necessary or desirable in a proceeding (i.e. the parent of a juvenile

involved in a proceeding);

3. The individual is a person that would be directly affected by any action or decision in the

proceeding;

4. The individual is a witness in a proceeding.

Id. at 24.

B. Providing Interpreters in the Courtroom

The First Circuit Court relies primarily on the use of Language Line for interpreting services. The counties also

have various local interpreters they can utilize as needed. When a local interpreter cannot be located, and/or

Language Line is not appropriate for the purpose, Lutheran Social Services in Sioux Falls is our primary resource for

interpreters. Lutheran Social Services maintains a roster of interpreters for 36 different languages and provides

onsite and remote interpreting. Communication Services for the Deaf is generally utilized when sign interpreters are

needed. Considerations taken in scrutinizing potential interpreters’ qualifications include:

1. What is the interpreter’s native language and if language services needed is not the native

language of the interpreter, the length of time speaking the language;

2. What formal schooling relating to the language and interpretation services was completed;

3. What certifications the interpreter possesses;

4. What level of experience he/she possess in interpretation services.

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While this is the current procedure, the First Judicial Circuit Court is willing to implement any policies, rules or

laws to determine minimum qualifications of interpreters that may be established within the UJS or South Dakota

Legislature.

V. Interpreter Cost

The First Judicial Circuit is committed to providing access to interpreters at no cost to a witness or party. South

Dakota law provides that if a witness or party requires an interpreter or translator one will be provided at no cost

to the witness or party. Please contact court administration or the clerk of courts office to ask for assistance.

VI. Training and Evaluation

The First Judicial Circuit Court is committed to providing language access training opportunities for all judicial

officers and staff members. While training currently is conducted in an informal manner throughout the circuit,

additional policies, rules and laws established will be implemented to further training and learning opportunities as

they pertain to interpreter services.

The First Judicial Circuit Court will routinely assess whether changes to the LAP are needed or mandated by

policy, rule or law. The plan may be changed or updated at any time but reviewed not less frequently than once a

year. Each year the Court Administrator, in consultation with the Presiding Judge, will review the effectiveness of the

court’s LAP and update as necessary. The evaluation will include identification of any problem areas and

development of corrective action strategies. Elements of the evaluation will include:

1. Number of LEP services requested;

2. Assessment of current language needs to determine if additional services or translated materials

should be provided;

3. Review of feedback from court employee training sessions; and

4. Customer satisfaction feedback.

VII. LAP Effective Date: July 1, 2021

VI: Approval

Approved by:

_____________________________ 06/25/2021

Date:____________________

Cheryle Gering

Presiding Judge

First Judicial Circuit

_____________________________ 6/25/21

Date:____________________

Kim Allison

Court Administrator

First Judicial Circuit

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