The Justice Department announced today that it has reached a settlement agreement with the New Jersey Judiciary to improve access to court services for people with limited English proficiency (LEP).
This agreement resolves an investigation by the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the District of New Jersey into allegations that Monmouth Vicinage Courts (MVC), part of the New Jersey Judiciary, discriminated against court users with LEP based on their national origin and retaliated against a court employee who complained to the department about this alleged discrimination, in violation of Title VI of the Civil Rights Act of 1964 (Title VI).
“People with limited English proficiency can lose their children, homes and fundamental rights when they face language barriers in our court systems,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue fighting to ensure that courts remove language barriers for the public.”
“Dispensing justice fairly and equitably is a cornerstone of our democratic system,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “We remain committed to ensuring that all litigants in New Jersey have equal access to New Jersey’s court system regardless of language barriers. This agreement will ensure that limited English court users will have equal access to the New Jersey state courts in Monmouth County.”
Title VI prohibits race, color or national origin discrimination by recipients of federal financial assistance, such as the New Jersey Judiciary. The department’s investigation uncovered language barriers that impeded access to the court system for people with LEP. These barriers included refusing to provide an interpreter for assistance with forms, failing to translate or explain vital documents to court users with LEP and failing to adequately inform staff of language access policies and procedures.
Under the agreement, the New Jersey Judiciary will translate vital court forms and materials and make them available for distribution at courthouses. The New Jersey Judiciary will also review its language access plan over the next year, develop mandatory language access training for its courts, provide Title VI retaliation training and issue public notices that explain the Title VI nonretaliation policy and Title VI complaint process in non-English languages. The department will monitor these and other requirements for two years. The New Jersey Judiciary also agreed to pay damages in the amount of $89,718 to the individual who alleged retaliation.
The enforcement of Title VI is a top priority of the Civil Rights Division and of the U.S. Attorney’s Office for the District of New Jersey, and both are committed to ensuring that individuals can complain or cooperate with investigations free from retaliation. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and information about limited English proficiency and Title VI is available at www.lep.gov. The division provides information about courts' language access at www.lep.gov/state-courts. Members of the public may report possible civil rights violations at civilrights.justice.gov/report/.
Additional information about civil rights enforcement at the U.S. Attorney’s Office for the District of New Jersey, including the Office’s Civil Rights Division, is available at www.justice.gov/usao-nj/civil-rights-enforcement.