S.D. 3d Jud. Cir. Language Access Plan

STATE OF SOUTH DAKOTA

THIRD JUDICIAL CIRCUIT COURT

Counties:

Beadle, Brookings, Clark, Codington, Deuel, Grant, Hamlin, Hand, Jerauld, Kingsbury,

Lake, Miner, Moody and Sanborn

Strategic Language Access Plan

Legal Basis and Purpose

This document serves as a plan for the Third 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 lnteragency Website).

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

individuals that come in contact with the Third 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 Third Judicial Circuit Court, accommodate such needs.

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".

The Third Judicial Circuit's most commonly used languages are:

1. Spanish

2. Karen

3. Hmong

4. Hearing Impaired

The Third 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.

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 Third Judicial Circuit Court's Administrative Office maintains an updated list of

interpreters, including local agencies and private individuals ("freelancers").

In the event a language-specific interpreter is needed but is not on the list or is not

available, Third Circuit Court Administration will consult with Lutheran Social Services,

lnterprecorps, Certified Languages International, and other outside sources to locate the

desired interpreter.

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

requirements, the Third 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.

Interpreter Cost

The Third 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.

Training and Evaluation

The Third 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 Third 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.

LEP Plan Effective Date

July 1, 2021

Approval

Approved by:

Gregory J. Stoltenburg

Presiding Judge

Third Judicial Circuit Court

Jenny Hammrich

Court Administrator

Third Judicial Circuit Court