(1) Each trial court organized under this
title and Titles 3 and 35 RCW must develop a written language
assistance plan to provide a framework for the provision of
interpreter services for non-English-speaking persons accessing
the court system in both civil and criminal legal matters. The
language assistance plan must include, at a minimum, provisions
addressing the following:
(a) Procedures to identify and assess the language needs of
non-English-speaking persons using the court system;
(b) Procedures for the appointment of interpreters as
required under RCW 2.43.030. Such procedures shall not require
the non-English-speaking person to make the arrangements for the
interpreter to appear in court;
(c) Procedures for notifying court users of the right to and
availability of interpreter services. Such information shall be
prominently displayed in the courthouse in the five foreign
languages that census data indicates are predominate in the
jurisdiction;
(d) A process for providing timely communication with
non-English speakers by all court employees who have regular
contact with the public and meaningful access to court services,
including access to services provided by the clerk's office;
(e) Procedures for evaluating the need for translation of
written materials, prioritizing those translation needs, and
translating the highest priority materials. These procedures
should take into account the frequency of use of forms by the
language group, and the cost of orally interpreting the forms;
(f) A process for requiring and providing training to
judges, court clerks, and other court staff on the requirements
of the language assistance plan and how to effectively access and
work with interpreters; and
(g) A process for ongoing evaluation of the language
assistance plan and monitoring of the implementation of the
language assistance plan.
(2) Each court, when developing its language assistance
plan, must consult with judges, court administrators and court
clerks, interpreters, and members of the community, such as
domestic violence organizations, pro bono programs, courthouse
facilitators, legal services programs, and/or other community
groups whose members speak a language other than English.
(3) Each court must provide a copy of its language
assistance plan to the interpreter commission established by
supreme court rule for approval prior to receiving state
reimbursement for interpreter costs under this chapter.
(4) Each court receiving reimbursement for interpreter costs
under RCW 2.42.120 or 2.43.040 must provide to the administrative
office of the courts by November 15, 2009, a report detailing an
assessment of the need for interpreter services for non-English
speakers in court-mandated classes or programs, the extent to
which interpreter services are currently available for
court-mandated classes or programs, and the resources that would
be required to ensure that interpreters are provided to
non-English speakers in court-mandated classes or programs. The
report shall also include the amounts spent annually on
interpreter services for fiscal years 2005, 2006, 2007, 2008, and
2009. The administrative office of the courts shall compile
these reports and provide them along with the specific
reimbursements provided, by court and fiscal year, to the
appropriate committees of the legislature by December 15, 2009.
[2008 c 291 § 1.]