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CLEARFIELD COUNTY COURT OF COMMON PLEAS
46th JUDICIAL DISTRICT
REDRIC J. AMMERMAN
PRESIDENT JUDGE
PAUL E. CHERRY
JUDGE
F. Cortez Bell, III, Esquire
Language Access Coordinator
46th Judicial District
230 East Market Street, Suite 228
Clearfield, PA. 16830
Phone: (814) 765-2641 Ext. 5010
FAX: (814) 765-7649
fbell@clearfieldco.org
LANGUAGE ACCESS PLAN
ection I. Introduction and Purpose
qual access to the courts is fundamental to the legitimacy of our system of justice and the trust and
confidence of Pennsylvanians in our courts. Language services for individuals who are limited English
proficient (LEP) or are deaf or hard of hearing are essential to ensure that they are able to fully
participate in judicial proceedings and court services, programs, and activities in which their rights and
interests are at stake. Without these services, they are effectively denied the protection of our laws.
Moreover, the courts themselves have an independent interest in ensuring the integrity of
communications with LEP and deaf or hard of hearing court users so that the fact finder can hear
evidence accurately and deliver justice fairly.
he policy of the Unified Judicial System is to provide meaningful language access for all individuals
who are LEP to ensure that all persons have due process and equal access to all judicial proceedings,
court services, programs and activities. Ensuring meaningful language access means providing timely,
accurate, and effective language services at no cost to the court user.
n addition, it is the policy of the Unified Judicial System to provide equally effective communication to
individuals who are deaf or hard of hearing, in part, by providing American Sign Language interpreters
at no cost to litigants, witnesses and court spectators.1
ennsylvania’s policies regarding language access to the courts are embodied in the Language Access
Plan for the Unified Judicial System (LAP-UJS). This plan was approved by the Pennsylvania Supreme
Court in March 2017. The LAP-UJS policies and requirements, which are binding on the judicial
districts, are incorporated herein by reference. The LAP-UJS is available at languageaccess.pacourts.us.
1 See, Language Access Plan for the Unified Judicial System of Pennsylvania at 2, available at
http://languageaccess.pacourts.us.
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The judicial district has appointed a language access coordinator who can be reached at
fbell@clearfieldco.org
ection II. Legal Basis
he legal basis for this Language Access Plan is set forth in the LAP-UJS,2 Title VI of the Federal Civil
Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities
Act at the Federal level, and the Pennsylvania Interpreter Act and regulations pursuant thereto at the
State level.
ection III. General Principles of Language Access
eneral principles of language access are referenced in the LAP-UJS.3 Significant principles include
the following:
• Courts are responsible for early identification of the need for language services, including,
among other things, providing timely and effective notice to those in need of such services.
•
Interpretation and translation must be provided by the court at no cost.
• Persons who request language access services should be provided with them, in accordance
with Title VI of the Civil Rights Act and the Pennsylvania Interpreter Act.
• Language access services should be offered, even if not requested, where the need is apparent
or where the ability of a person to understand and communicate in English is unclear.
•
Individuals who are LEP, deaf, or hard of hearing should never be expected to use informal
interpreters, such as family members, opposing parties, or their counsel, nor should courts
allow them to be used.
• Having an in-person interpreter for judicial proceedings is the most effective method to
ensure effective communication for LEP court participants and is strongly preferred under
the law. Remote interpretation through audio-visual technology, use of Video Remote
Interpreting (“VRI”) or telephone is permitted only in limited circumstances, as set out in the
Pennsylvania Interpreter Act regulations.
• Courts must provide interpreters in a timely manner.
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2 Id. at 4-5, available at http://languageaccess.pacourts.us.
3 Language Access Plan for the Unified Judicial System of Pennsylvania at 5-7, available at
http://languageaccess.pacourts.us.
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• Courts must provide meaningful language access to court users who are LEP, deaf, or hard of
hearing in all services, programs, and activities of the courts. This means access must be
provided in judicial proceedings (both criminal and civil), and for the general business of the
courts.
ection IV. Language Needs of this Judicial District
ased on Language Access Data Collection information for 2018, below are the top 5 languages
(including American Sign Language) for which interpreters were most frequently requested in this
judicial district:
1. No Language Requests in 2018
2.
3.
4.
5.
ection V. Language Services and How to Use Them
A. Oral Language Services
1. Interpreters
☒ This judicial district provides interpreters for judicial proceedings in compliance with
the rules and policies set forth in the Pennsylvania Interpreter Act and regulations, the
AOPC Interpreter Certification Program regulations,4 and the Guidelines for the
Procurement and Appointment of Interpreters issued by the AOPC.5 These policies
require the District to provide court interpreters to all LEP and deaf or hard of hearing
parties, victims, witnesses, and certain other persons6 for any civil or criminal
proceeding.
The judicial district provides court users with the interpreter request and waiver forms
available on the Interpreter Certification Program page of the UJS website.7
We post interpreter request and waiver forms on our website.
☒
☒
2. Bilingual Staff
4 204 Pa. Code §221.
5 See also Section V(A)(1), Language Services and How to Use Them/Oral Language Services/Interpreters at 10-13, and
Section VIII(1) Qualification Requirements for Interpreters and Translators, at 33-35, respectively, of the LAP-UJS, which
are hereby incorporated by reference.
6 The District must provide an interpreter to deaf and hard of hearing court users whether parties to a case, witnesses, family
members, or spectators. Interpreters are also provided to limited English proficient fiduciaries for a party; and a parent,
guardian, or custodian of a minor or incapacitated person who is a party, victim, or witness.
7 http://www.pacourts.us/judicial-administration/court-programs/interpreter-program
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This Plan hereby incorporates by reference the Bilingual Employee Policy issued
by AOPC on September 28, 2018, and reissued as amended on December 20, 2018. The
policy became effective on January 1, 2019.
nder the policy, current employees of the UJS who are bilingual and intend to
continue to use their bilingual skills to assist limited English proficient and deaf and hard
of hearing members of the public must be tested and achieve a passing score, as defined
by the policy, by January 1, 2021. Employees hired after January 1, 2019, who intend to
use their language skills to assist LEP and deaf and hard of hearing members of the
public must be tested and achieve a passing score as defined by the policy before they can
utilize their skills to assist members of the public.
his judicial district has taken the following steps to implement the Bilingual
Employee Policy:
(a) We have incorporated testing of bilingual employees into our hiring
process for new employees who will use their bilingual skills to assist
members of the public as a part of their jobs.
(b) We have informed employees hired before January 1, 2019, who use their
bilingual skills to assist members of the public that they will need to be
tested by their judicial districts and achieve a passing score as defined by
the policy by January 1, 2021, or no longer use their bilingual skills as a
part of their job.
(c) Bilingual employees and their supervisors have viewed the AOPC-
produced training, available at
https://www.youtube.com/watch?v=yuJP7e_znOU.
We have not taken the above-listed actions, but intend to complete each step
by the following dates.
a) Testing of bilingual employees will be incorporated into our hiring process by
[December 3rd, 2019].
(b) Bilingual employees will be informed that they will need to be tested by the
judicial district and achieve a passing score as defined by the policy, or no
longer use their bilingual skills as a part of their job by [January 5th, 2020].
(c) The above-referenced AOPC-produced training video will be viewed by
bilingual employees and their supervisors by [insert date].
We do not have any bilingual employees. Therefore, we will utilize in-person
interpreters where available and will utilize telephone interpreting in
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This Plan hereby incorporates by reference the principles and translation protocol
set forth in the AOPC Translation Policy & Procedures Manual of the Unified Judicial
System.
☒ This District has reviewed the UJS Translation Policy and Procedures Manual and
follows the guidelines for high quality translation established therein.
This District plans to take the following steps explained in the Translation Manual
to prioritize further translation work within the time periods specified:
☐ Create a spreadsheet with an inventory of all district forms, documents,
orders, signs, web content, etc. by [date].
☐ Perform the two-step analysis of each writing set forth in the Translation
Policy & Procedures Manual to determine if it is a vital document, with
results listed in the spreadsheet by [date].
☐ Assign each document to a priority group for translation by [date].
☐ Create a tracking system to record translations by [date].
☐ Translated forms currently available to court users in this District include the
following (languages into which forms are translated and their location in the
courthouse or on court website are indicated next to its name in parentheses):
compliance with Section 104 of the Regulations pursuant to the Pennsylvania
Interpreter Act.8
B. Written Language Services
1. Court Forms and Documents
☐
_________________________________
_________________________________
________________________________
_________________________________
_________________________________
_________________________________
☐ Translated documents have been integrated in this judicial district's case
management system in the following fashion:
8 See 204 Pa. Code ch. 221 §104.
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The translations in the above list have been completed for the languages listed in
Section IV above (top languages for which interpreters are most frequently
requested in this judicial district) or should be completed by [date].
☒ This judicial district uses the translated forms made available to the courts by the
Administrative Office of Pennsylvania Courts (AOPC).9
2. Signage & Websites10
While acknowledging that the counties in which judicial districts are located
generally own the courthouse buildings and control signage, this judicial district has
taken the following steps towards incorporating bilingual signage into its court buildings
and has done the following to address translation of court websites:
☒ We have incorporated bilingual or multilingual signage into our existing court
buildings as follows:
We have posted Right to Interpreter Posters and I Speak Cards
in all of our buildings.
☐ We have recently renovated court buildings and taken the opportunity to incorporate
bilingual or multilingual signage into our renovated or new buildings as follows:
☐ We are planning to include bilingual or multilingual signage in our buildings in this
way by [Date]:
☐
9http://www.pacourts.us/forms/bilingual-forms
10 A checklist of considerations and suggestions regarding bi- and multilingual signage in courthouses and websites was
provided to the judicial districts on March 14, 2019.
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☒ We have reviewed our court website with an eye to translating webpages in subject
matter areas in which our judicial district experiences high LEP usage.
☐ We have translated the following pages using qualified translators:
☐ We intend to translate the following pages by (date) using qualified translators:
☒ The judicial district has contracted with Language Line to provide telephone
interpreting services, primarily for counter communication with LEP court users.11
Instructions for contacting a telephone interpreter have been posted and distributed to
all staff who interact with the public.
Language access requirements apply not only to judicial proceedings, but also to a wide
range of services, programs, and activities outside the courtroom that are administered under
the authority of the court, i.e., provided by or contracted for by the court.12
eaningful access to services outside the courtroom is a vital component of equal justice for
LEP and deaf or hard of hearing persons. Examples of court services outside the courtroom
include the following if administered under the authority of the court: services of the
domestic relations office, the juvenile and adult probation offices, pro se clinics, some
Alternative Dispute Resolution programs (ADR), family court custody education and
mediation programs, drug and alcohol evaluation and treatment, mental health evaluation and
treatment, anger management classes, domestic violence programs, safe driving classes, and
other diversionary and educational programs.
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D. Language Access to Services, Programs, and Activities Outside the Courtroom
11 See, Section IX, Training, below. Judicial district employees have been trained in the appropriate use of telephone
interpreting, and know that its best use is for brief encounters at the counter, rather than judicial proceedings, per Section 104
of the regulations pursuant to the Interpreter Act.
12 See, Guidance on Services beyond the Courtroom provided to the judicial districts on March 14, 2019.
. Use of Remote Technology
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Listed below are services provided by or contracted for by this judicial district, and the
methods through which language access is provided for these services. If other services or
programs are provided, list them with the language service information below the chart.
Check all that apply, unless not applicable (N/A) is checked:
Domestic
Relations
Office
Adult
Probation
Juvenile
ADR
Domestic
Drug &
Mental
Anger
Safe
Other
Probation
(If
Violence
Alcohol
Health
Management
Driving
Diversion/
provided/
Programs
Evaluation/
Classes
Classes
Treatment
Evaluation/
Treatment
Education
programs
managed
by the
Court)
N/A
N/A
N/A
N/A
N/A
N/A
N/A
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Type of
Language
Service
Utilized
N/A:
not a service
provided/
managed
by court
Authorized
Bilingual
Staff
Staff
Interpreter
Contracted
In-Person
Interpreter
Telephone
Interpreter
Translated
Written
Materials
Webinars
in
Languages
other than
English
X
X
X
In many judicial districts certain court programs and services are provided by private, third party
vendors under contract with or paid by the court. Judicial districts are responsible to ensure that
meaningful access is provided to LEP persons by vendors of these services and should review and seek
adjustment of contract terms accordingly.
☐ In addition, the judicial district is working with the vendors with whom it contracts to
provide programs to ensure that those vendors comply with Title VI, the Americans
with Disabilities Act, and the Rehabilitation Act of 1973.13 Specifically, the district
includes the following provisions in its contracts with vendors and has encouraged the
county to do so, as well, in its contracts with vendors that provide court programs and
services:
The judicial district has not yet worked to include language in vendor contracts
requiring compliance with Title VI, the Americans with Disabilities Act, and the
Rehabilitation Act of 1973. The district intends to accomplish this by this date:
December of 2020.
☒ In addition, the Language Access Coordinator and/or DCA for the judicial district have
advised judges that they should consider the ability of an LEP litigant to complete a
given program before ordering him or her to do so, and have advised judges that they
should not put an LEP litigant in danger of being held in contempt, charged extra fees
or costs, or subject to any other adverse consequence for failure to complete a program
that did not provide competent interpretation and translation.
ection VI. Early Identification of the Need for Language Services
13 For example, language similar to the following could be used:
Vendor will comply, and all its subcontractors will comply, with the nondiscrimination requirements of the Civil
Rights Act of 1870; Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973; Subtitle
A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972;
Regulations implementing Sections 799A and 845 of the Public Health Service Act, 45 C.F.R. Part 83; the Age
Discrimination Act of 1975; and 45 C.F.R. Parts 83, 84, 86, and 90, as well as any other applicable federal
nondiscrimination statutes and regulations. Specifically, Vendor must provide foreign language interpreters and
translated documents to limited English proficient participants in compliance with Title VI of the federal Civil Rights
Act, and sign language interpreters to deaf or hard of hearing participants in compliance with the Americans with
Disabilities Act.
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1. Advance Notice
The judicial district informs individuals of their right to a sign language interpreter and language
services using the following forms of notice and in the manner specified below:
☒ A Notice of the Right to Language Services (hereafter “NLR”) in English and in no fewer than
the five most commonly spoken languages in the judicial district, providing a phone number to
call as well as an email address where a request for an interpreter may be sent. The NLR is
provided in the following fashion:
☒ Automatic printing of the standardized AOPC-provided NLR for hearing notices and
subpoenas generated by MDJS and CPCMS.
☐ An abbreviated NLR in this judicial district's 5 top languages in addition to English,
approved by AOPC, and appearing on the back of our envelopes.
Through another method, explained below:
☐
Notice of Language Rights and the appropriate contact information for requesting an interpreter is
included on all court brochures and informational materials. N/A
☒ Our judicial district will make the forthcoming UJS language access brochure available on our
website.
☒ Notice of Language Rights and the appropriate contact information for requesting an interpreter
is posted on the court’s website at this link:
http://www.clearfieldco.org
court office staff in:
☒ AOPC Right to Interpreter posters are placed prominently and in close proximity to court or
☒ All CCP court or court office reception/information desks or kiosks
☒ MDJ courts and court offices
☒ Other locations: Prothonotary and Clerk of Courts.
Entrances to Courtrooms.
At entrance of all elevators.
Outside entrance to Public Defenders Office.
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☒ "I Speak" cards in the five most common languages spoken in the judicial district, as well as a
card in English for deaf or hard of hearing persons are placed prominently and in close proximity
to court or court office staff in:
All CCP court or court office reception/information desks or kiosks
☒ MDJ courts and court offices
☒ Other locations: Prothonotary and Clerk of Courts.
__________________________
__________________________
__________________________
n addition to the above-described methods, the judicial district intends to provide Advance Notice
in the following ways, and/or intends to do so by the dates indicated below:
. System for Receiving and Processing Requests for Language Services
☒ The judicial district has language services in place to receive and respond to requests for
language services to LEP persons who contact court staff to inform them of their need for
language services.
☒ These services are available in the following methods of communication:
☒ In person
☒ By phone
☒ Email
☒ Website
☐ Portal
☒ Mail
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ection VII. Keeping Data on the Need for and Use of Language Access Services
☒ In compliance with the LAP for the UJS, this judicial district inputs all data regarding use of
interpreters and provision of other language access services into Language Access Data
Collection ("LADC"), the statewide system for tracking this data.
☒ In addition, this judicial district utilizes the "special consideration" feature in MDJS and CPCMS
to indicate the need for an interpreter for cases in those systems.
☒ The judicial district uses the following system to mark case files and scheduling documents with
an "interpreter needed" designation, so that there is an automatic mechanism to trigger
arrangements for an interpreter throughout the life cycle of a given case. Please describe below
what system this district is using:
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Court Administration maintains a separate case tracking for all matters requiring an
interpreter and notation on the individual file maintained by Court Administration.
ection VIII. Training & Continuing Education
The judicial district will work with the AOPC to ensure that all employees are trained on appropriate
provision of language access services. Judicial district staff will attend training to assist them to: identify
and respond to LEP persons, increase awareness of the types of language services available, guide when
and how to access those services, and effectively use language services, how to handle issues such as
stress and frustration with being unable to communicate with someone who is deaf or hard of hearing,
and procedures for receiving both informal feedback and formal complaints. New employees, especially
those who will have regular contact with the public, will be required to attend language access training.
All current and new judicial district staff will attend, and county clerks will be offered, the following
training regarding language access:
☒ Taped training developed by AOPC, available at https://youtu.be/FObgm-ewIw4.
☐ For newly hired and current bilingual staff and their supervisors, the taped training developed by
AOPC, available at https://www.youtube.com/watch?v=yuJP7e_znOU.
Interpreters new to our judicial district receive an orientation to local judicial district processes and
procedures via the following means:
☒ Any questions regarding policy and procedure are answered via phone or email once an interpreter
has been reserved.
☐ We utilize the Local Court Interpreter Orientation Checklist created by AOPC.
☒ We meet with new interpreters before their first appearance in our court, and provide them with basic
information about our policies and procedures.
☐ We orient interpreters new to our courthouse in the following fashion:
n addition, this judicial district provides the following training on language access:
☒ Periodic training for new judicial district staff
☒ Periodic training for employees who have frequent contact with the public
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☐ Language Access Basic Training, online training by New Mexico Administrative Office of Courts,
available at https://www.nmcenterforlanguageaccess.org/lafund/#/.
☐ Other [please describe]: _________________________________
X. Outreach to Court Users and Communities
☒ The judicial district consulted with the following community members in creating this LAP:
☒ District Attorney Office.
☒ Public Defender Office.
☐ _________________________________
Upon AOPC approval of the LAP:
☒ The judicial district will post its LAP on its public website and/or public notification area within
the courthouse and will make copies of the LAP available upon request.
In addition, copies of the plan have been provided to all identifiable stakeholders in the LEP and
deaf/hard of hearing communities, including but not limited to: the District Attorneys’ Office,
the Public Defenders’ Office, the local legal aid office, local domestic violence or sexual assault
programs, and any local agency that serves limited English proficient or deaf or hard of hearing
individuals.
ection X. Monitoring and Evaluation of Language Access Plan: Complaint/Feedback Procedure
☒ The judicial district will review this LAP annually to assess whether it needs to be updated. The
LAP will remain in effect unless modified or updated.
The judicial district’s review shall include the following areas which may indicate a need to
update the LAP:
• Increase in number of LEP and/or deaf or hard of hearing persons requesting court interpreters
or language assistance
• Funding provided or available for languages services
• Current language needs to determine if additional services or translated materials should be
• Feedback from LEP and deaf or hard of hearing communities and stakeholders within the
provided
judicial district
• Court staff (turnover, new hires, etc.)
• Feedback from trainings provided by the judicial district or AOPC
• Viability of identified language services and resources
• Problem areas such as improper denial, delay, or poor quality language assistance and
corrective action strategies
• Updated census data
☒ The language access coordinator for this judicial district ensures this plan is followed, advises the
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court on potential updates to this plan, and coordinates provision of language access services for
the judicial district as they arise.
☒ The language access coordinator for this judicial district can be reached at fbell@clearfieldco.org.
☒ The judicial district will notify the AOPC of any changes to the language access coordinator’s
contact information, or if a new language access coordinator is named.
Any revisions to the language access plan will be communicated to all court personnel, and an
updated version of the plan will be posted on the court's website and in a public notification area
in the courthouse, as well as distributed to all relevant stakeholders.
nyone has the right to file a complaint against this judicial district when he or she believes that the
judicial district did not provide the necessary language access services.
☒ The Language Access Coordinator shall take reasonable steps to inform court users about the
availability of the UJS language access complaint form.
The Language Access Coordinator for this judicial district:
☒ Utilizes the UJS language access complaint form
☒ Has posted the complaint form on the judicial district website with this language
access plan, and made hard copies of the complaint form readily available in court
offices
All complaints regarding this LAP should be forwarded to the language access
coordinator for this judicial district.
☒ The Language Access Coordinator or his/her designee will investigate any complaints that allege
noncompliance with this LAP.
☒ If the investigation results in a finding of compliance, the Language Access Coordinator will
inform the complainant in writing of this determination, including the basis for determination.
☒ If the investigation results in a finding of noncompliance, the Language Access Coordinator will
inform the complainant of the noncompliance in a letter that outlines the steps the judicial district
will take to correct the noncompliance.
The Language Access Coordinator will complete the Language Access Complaint Tracking Log
provided by AOPC twice a year, and forward the log to the Coordinator for Court Access,
AOPC.
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ate: ___________ Language Access Coordinator Signature: ________________________________
ate: ___________ District Court Administrator Signature: __________________________________
ate: ___________ President Judge Signature: ____________________________________________
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I certify that the above information is true and correct and this plan is effective on [insert date].
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