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State Courts

Description

Department of Justice (DOJ)

The Civil Rights Division, through the Federal Coordination and Compliance Section (FCS), works to ensure equal access to the courts, regardless of English proficiency, and to safeguard the integrity and fairness of the legal system for all. FCS has worked with state courts and stakeholders in a variety of ways so that individuals with limited English proficiency can meaningfully participate in court proceedings, navigate/maneuver through the court system, and access court services. As a result, many state court systems around the country have created policies and plans that have significantly improved the provision of language assistance services in their courts.

On August 22, 2024, the U.S. District Court for the Western District of Louisiana issued a permanent injunction, available at https://perma.cc/24VN-QS9Y, enjoining the United States Department of Justice (“DOJ”) from imposing or enforcing its disparate impact requirements under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d (“Title VI”) in the state of Louisiana.  Specifically, DOJ is enjoined from “enforcing the Title VI disparate-impact requirements contained in 40 C.F.R. § 7.35(b), (c) and 28 C.F.R. § 42.104(b)(2) against any entity in the State of Louisiana, or requiring compliance with those requirements as a condition of past, existing, or future awards of financial assistance to any entity in the State of Louisiana.”  DOJ is fully complying with the court’s order.  Unless continued litigation results in changes to the court's order, DOJ will not impose or enforce its Title VI disparate impact requirements in Louisiana. 

All DOJ guidance documents, including those here, are valid and apply to Louisiana except to the extent they explain legal obligations arising under the DOJ or EPA Title VI disparate impact regulatory provisions. All recipients of DOJ financial assistance (including those in the state of Louisiana) have a continuing obligation to comply with Title VI, which prohibits discrimination against or otherwise excluding individuals on the basis of race, color, or national origin, all other Title VI implementing regulations, and all grant terms and conditions.  Recipients must continue to comply with all other applicable nondiscrimination laws and their corresponding implementing regulations.

Remarks of the Assistant Attorney General for Civil Rights Celebrating Progress In Language Access Services in the Courts - October 26, 2023

Language Access in State Courts

Letter to State Courts Addresses Language Assistance Services - April 20, 2023

Civil Rights Division Communication to State Courts Regarding Language Access - August 2010, Republished in 2018

Providing Language Access in the Courts: Working Together to Ensure Justice Event - February 28, 2014:

Working with State Courts to Remove Language Barriers to Justice - June 15, 2012

DOJ Work by State

 

California- 2020

Investigation Closure Letter to the California Judicial Council - November 12, 2020Letter and Agreement of Resolution: Superior Court of California, County of Los Angeles - September 20, 2016

Department of Justice Observations and Recommendations Letter to the Judicial Council of California and the Los Angeles County Superior Court - May 22, 2013California Judicial Council adopts Strategic Plan for Language Access in the California Courts - January 22, 2015

 

Colorado- 2016, 2021, and 2024

Colorado Office of Administrative Courts, an Office of the Colorado Office of Personnel and Administration  

Colorado Judicial Department

 

Florida- 2021

Justice Department Obtains Settlement in Title VI Retaliation Matter with the Florida State Courts System

 

Louisiana- 2023

Justice Department Resolves Language Access Matter Concerning Louisiana Supreme Court - January 19, 2023

Language Access Plan in Louisiana Courts, Approved by the Supreme Court - September 1, 2020

Memorandum of Agreement Between the United States of America and the Louisiana Supreme Court- May 13, 2019

 

New Jersey- 2014 and 2024

Justice Department Reaches Agreement with the New Jersey Judiciary to Resolve Language Access and Retaliation Investigation- August 15, 2024

Department of Justice and New Jersey Judiciary Work Collaboratively to Ensure the Provision of Language Assistance Services in New Jersey Courts

 

New York- 2024

North Carolina- 2022

Department of Justice Memorandum of Agreement with the North Carolina Administrative Office of the Courts - October 25, 2022

Department of Justice Letter and Report of Findings to the North Carolina Administrative Office of the Courts - March 8, 2012

North Carolina Administrative Office of the Courts, Expansion of Language Access Services to All Superior Court Proceedings and Updated Standards for Language Access Services - June 30, 2017

North Carolina Court System Develops Language Access Complaint Poster - January 24, 2014* (*Attribution to the NCAOC must be clear and visible on any and all of your materials and products in whatever format they exist.  Attribution should be substantially similar to the following: “The North Carolina court forms included in this publication are created by the North Carolina Administrative Office of the Courts, which office has given permission for the use of these forms in this publication.”).

North Carolina Administrative Office of the Courts, Notice of Expansion of Interpreter Services to All Cases Heard Before Magistrates - April 30, 2015

North Carolina Administrative Office of the Courts, Notice of Expansion of Language Access Services to All Child Custody and Child Support Proceedings - September 25, 2013 

North Carolina Administrative Office of the Courts, Notice of Expansion and Enhancement of Foreign Language Interpreting Services - August 8, 2012

Oklahoma- 2023

Justice Department Enters Into a Memorandum of Understanding with the Oklahoma Courts to Resolve Title VI Investigation- August 31, 2023

 

Rhode Island- 2016

Justice Department Closes Case After Rhode Island Judiciary Reforms Provide Equal Access for Individuals with Limited English Proficiency

South Dakota- 2022

Justice Department Closes Review after the South Dakota Unified Judicial System Improves Access for People with Limited English Proficiency - August 11, 2022

Statewide Language Access Plan - February 11, 2022U.S. Department of Justice Resolves Civil Rights Review of South Dakota Unified Judicial System - October 5, 2021

 

Texas- 2021 and 2023

U.S. Department of Justice Announces Final Resolution of Language Access Civil Rights Matter in Fort Bend County, Texas- August 2, 2023

U.S. Department of Justice Memorandum of Agreement with Fort Bend County, Texas - June  28, 2021Press Releases 

 

Resources for Courts