S.D. 2d Jud. Cir. Language Access Plan

SECOND JUDICIAL CIRCUIT

Lincoln & Minnehaha Counties

Strategic Language Access Plan

I. Legal Basis and Purpose

This document serves as a plan for the Second Judicial Circuit Court, Unified Judicial System of the

State of South Dakota, to provide persons with Limited English Proficiency (LEP) services that are

in compliance with Title VI of the Civil Rights Act of 1964, Americans with Disabilities Act (ADA),

Executive Order 13166; and SDCL 19-3 and SDCL 19-14 et al, which 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. Detailed guidance is also posted on http://www.lep.gov/ (Limited

English Proficiency, A Federal Interagency Website).

The purpose of this plan is to ensure meaningful and effective communication assistance to LEP

individuals that come in contact with the Second Judicial Circuit Court. In accordance with

federal mandates and state requirements, this court and all its personnel shall inform members of

the public that language assistance services are available to qualified LEP individuals; and upon

request or as deemed necessary by the Second Judicial Circuit Court, accommodate such needs.

II. Needs Assessment

According to the 2010 census data, 7.5% of the state’s population (over the age of five) speaks a

language other than English and 28% of them indicated they speak English less than “very well”.

Over the past fiscal year (July 1, 2020 to June 30, 2021) records indicate that the Second Judicial

Circuit Court scheduled 3,023 interpreter appointments, averaging over 11 interpreter

appointments per working day, for approximately 40 different languages. While language

distribution frequently changes year to year, in FY21 the top five languages and their distribution

are as follows:

1. Spanish – 32%

2. Arabic -- 11%

3. Kunama – 9%

4. Dinka – 8%

5. Somali – 7%

[All others – 33%]

The Second Judicial Circuit Court currently determines LEP needs and provides interpreter

services in all cases and office activities in accordance with all applicable laws; and will continue

do so in compliance with any policies, rules and laws established pertaining to interpreter

services.

III. Language Assistance Resources

A. Identifying the Need for an Interpreter

SDCL 19-3-7 states, “When a witness cannot communicate or understand the English

language the court shall procure and appoint a disinterested interpreter or translator for

him…” Listed below are factors taken into consideration while assessing interpreter

needs:

▪ Inability to accurately describe persons, places and events related to the proceeding

due to a non-English speaking background or hearing impairment;

▪ Inability to tell the court “what happened” over a period of time;

▪ Inability to request clarification when statements are vague or misleading, to defend

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

▪ Lack of equal footing with an English speaking person with an equivalent education or

background;

▪ Inability to speak or understand English; and translation is necessary to allow for

effective participation in a proceeding.

Further Analysis: An individual who cannot speak English, or cannot otherwise

understand a communication in English, qualifies for appointment of an interpreter if:

✓ The individual is a party to a proceeding;

✓ The individual’s presence is necessary or desirable in a proceeding (e.g. the parent

of a juvenile involved in a proceeding, power of attorney, etc.);

✓ The individual is a person that would be directly affected by any action or decision

in the proceeding;

✓ The individual is a witness in a proceeding.

B. Providing Interpreters in the Courtroom

The Second Judicial Circuit Court’s Administrative Office maintains an updated list of

interpreters, including both local agencies and private individuals (“freelancers”). The

following languages were requested over the past year:

Arabic Karen Nilo-Saharan Sundanese

Amharic Kayah Nuer Swahili

Aramaic Kinyarwanda Oromo Thai

Bosnian Kirundi Philippine Tigrinya

Cambodian Krahn Romanian Ukrainian

Chinese/Mandarin Kunama Russian Vietnamese

Creole/Pidgins French Lao Serbian

French Liberian Sign/ASL

Grebo Mandingo Somali

Haitian/Creole Mimi Spanish

Hindi Nepali Sudanese

In the event a language-specific interpreter is needed but is not on the list, Second Circuit Court

Administration will consult with Lutheran Social Services, Community Interpreter Services, ,

Language Line, Certified Languages International (CLI), All Nations Interpreter Services (Sioux

Falls area provider) or other outside sources to locate the desired interpreter.

Although the South Dakota Court System does not have formal interpreter certification

requirements, the Second Judicial Circuit Court is actively committed to providing the best

possible interpretation in all our courtrooms; and requires adequate fluency in English and the

interpreted language.

Careful consideration is given to the current degree of difficulty in providing obscure African

dialects and other various languages.

I. Interpreter Cost

The Second 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.

IV. Training and Evaluation

The Second Judicial Circuit Court is committed to providing language access training

opportunities to all judicial and non-judicial members. Currently, training is conducted

periodically in various ways; newly established policies, rules and laws pertaining to interpreter

services will be implemented without hesitation.

The Second Judicial Circuit Court will maintain and routinely assess the LAP in accordance with

mandated policies, rules or laws. The plan may be revised at any time but reviewed not less than

once a year. Each year, the Court Administrator and Presiding Judge will review the effectiveness

of the court’s LAP and revise as necessary. The LAP will be evaluated for problem areas and

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

▪ Number of LEP services requested;

▪ Assessment of current language needs, services and materials;

▪ Review court employee training sessions feedback;

▪ Customer satisfaction feedback.

V. LEP Plan Effective Date

July 1, 2021

VI. Approval

Approved by:

July 12, 2021

____________________________________________________________ ____________________________________

Robin Houwman Date

Presiding Judge

Second Judicial Circuit Court

July 16, 2021

____________________________________________________________ ____________________________________

Karl Thoennes III Date

Court Administrator

Second Judicial Circuit Court