TENTH JUDICIAL CIRCUIT COURT OF ILLINOISLANGUAGE ACCESS PLAN

I. LEGALBASIS AND PURPOSE

II. DEMOGRAPHIC INFORMATION AND LANGUAGE ACCESS DATACOLLECTION

The Tenth Circuit Court will make every efforl to provide services to all LEP persons. Thefollowing list includes the foreign languages that are most frequently used in this circuit'sgeographic area:

l. Spanish2. Sign3. Arabic

This information is based on data collected and maintained by each county within the circuit bythe following: Stefanie M. Dwyer, Peoria County Administmtive Assistant; Lori Shelton,Tazewell County Administrative Assistant; Gina M. Noe, Marshall County Circuit Clerk; CarlyNeubaum, Putnam County Circuit Clerk; and Julie Kenney, Stark County Circuit Clerk andreviewcd by Hon. Kathcrine S. Gorman, Tcnth Judicial Circuit Chief Judge, and Rena'K. Parker,Tenth Judicial Circuit Court Administrator.

The Tenth Circuit Court complies with the Administrative Office of the Illinois Courts (AOIC)language access data collection requirements. The Tenth Circuit Court collects the following data

and submits a report to the AOIC on a quarterly basis:o The number ofcourt events and non-court events that included a limited English proficient

party by case type and the language interpreted; and

. The type of interpreter used in court events and non-court events: certified or registeredforeign language interpreter listed on the AOIC interpreter registry; a sign languageinterpreter listed on the AOIC interpreter registry; an unregistered interpreter; interpreterpresent via phone conference; or interpreter present via video conference.

The methods utilized to collect the individual case and party data required for compilation and

completion ofthe report are the following:

Each county within the Tenth Circuit maintains a detailed daily spreadsheet indicating the datginterpreter's name, specifying the language requested, case number, whether it is for a court or

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This documentshall serve as the Language Access Plan (LAP) forthe Tenth Judicial Circuit Couftto providc services to limitcd English proficient (LEP) individuals, as rcquired under Title VI ofthe Civil Rights AcI of 1964.45 C.F.R. $80 et seq; and 28 C.F.R. 542 et seq. The purpose of thisLAP is to provide a framework for the provision of timely and reasonable language assistance toLEP pcrsons who comc in contact with thc Tcnth Judicial Circuit Court of lllinois, and ensure thatLEP individuals within the jurisdiction of the Tenth Circuit are provided with meaningful andequal access not only to the courts themselves, but also to court services and court-annexedprograms. This LAPhas been prepared tohighlight the language access services needs and servicesavailable in 2021

non-court cvcnt, whcthcr thc interpreter appeared in person or remotely and the amount paid forall requests rnade during each calendar year. These reports are submitted to the CourtAdministrator on a quarterly basis.

LANGUAGE ASSISTANCE RESOI]RCESA. Interpreters in the Courtrooms

l Determining When an Interpreter is Needed

The Tcnth Circuit Court strivcs to utilizc thrcc primary methods for asccrtaining thc ncccssity ofan interpreter ina procccding.

First, the LEP individual may proactively request an interpreter, whether through counselor pro se, to provide language assistance. Signs should be displayed at locations throughor:tevery courthouse that refer litigants to where they can request assistance if LEP litigants requirean interpreter. The notice will be displayed at the entrance to the courthouse, the front desk of theCircuit Clcrk's office, thc Sclf-Rcprcscntation Hclp Dcsk location, on thc County's website.

The Tenth Circuit Court has displayed signage at all locations prescribed above in each of thecourthouses located in Peoria, Tazewell, Marshall, Stark and Putnam counties.

Second, a judge or other court employee may determine that an interpreter is appropriatefor a certain proceeding. Where it appears that an individual is incapable, due to limited Englishproficiency, ofundcrstanding and communicating at the level required in a proceeding, thejudgeor other court personnel should offer the appointment of an interpreter. Many individuals whocome into contact with the court system are unaware ofthe availability of interpreters and similarlyIack knowledge of the level of English proficiency required to meaningfully participate in courtproceedings, and as such, it is imperative that judges and court personnel play an active role inidentifying LEP individuals. The AOIC distributed a bench card to all circuit judges with samplequestions to assist with determining whether an individual is LEP.

Judges cunently communicate with the parties to determine if an interpreter is needed. When aninterpreter is requested at any stage in a criminal proceeding. the Court provides one at no cosl tothe defendants.

The Tenth Circuit has provided all courtrooms within the circuit with a copy ofthe bench card forthe judges and courtroom staff.

Third, in certain types of cases, other stakeholders in the court system should be able tonotify the court that an interpreter rvill be needed for an upcoming proceeding. For example,an attomey involved in thc case; a social worker; court services supervisor from the Center ofPrevention ofAbuse; a probation officer; or an official from a correctional facility might contactthe court on behalf of an LEP individual.

In all counties within the Tenth Circuit, the Circuit Clerk's office, State's Attomey's office andPublic Defender's office commonly notify the Court if an interpreter is needed. Occassionally theSheriff s Office or Probation Officer will notify the court of their need for an interpreter. Uponnotification, every effort is made to provide an interpreter for any scheduled proceeding.

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2. CourtlntcrpretcrQualifications

In the Forcign Languagc Court Interpreter Act, the Supreme Court was given the authority toestablish and administer a program oftesting and certification for foreign language interpretemthrough its AOIC. 705 ILCS 78. Pursuant to its statutory authority, the AOIC has created a

statewide certification program. In order to receive certified status in Illinois, an interpreter has topass rigorous written and oral examinations that test for skills, vocabulary, ethics and courtprocedural knowledge. The AOIC maintains a statewide registry of interpreters that is distributedto the circuit courts and contains contact information for interpreters in several languages. Afterthe AOIC receives results from thc ccrtification cxams, the registry will indicate which interpretershave achieved "certified" or "registered" status.

In accordance with the Illinois Supreme Court Language Access Policy, the decision to provide aninterpreter forany legal procecding is left to the discretion ofthejudge, who must decidc whcthera party or witness has a limited abrlity to speak and understand English. Pursuant to Supreme CourtPolicy, the Tenth Judicial Circuit Court will make reasonable efforts to appoint a "certified"interpreter if available, recognizing that thc availability ofcertified interpreters may be limited inthe initial phases of implementing the certification program. If a certified interpreter is notavailable, the Tenth Circuit Court then seeks a "registered" court interpreter that has met therequirements to be on the statewide interpreter registry. Thc Tenth Circuit appoints an unregisteredinterpreter only when certified and registered interpreters are unavailable. Whenever anunregistered interpreter is used in the courtroom, judges are encouraged to inquire into theinterpreteas qualifications, skills, and potential conflicts of interest. The judicial bench carddistributed to all judges in thc Tcnth Circuit provides guidance for determining the qualificationsof an unregistered interpreter.

The Tenth Circuit utilizcs inlingo Interprcting Services which is provided and approved by AOICfor all tclephonic and vidco intcrprcting.

Providing Interpreters for the Courta. For Felony, Misdemeanor, Traflic and Juvenile Matters

Pursuant to the lllinois Criminal Proceeding Interpreters' Act, an interpreter must be provided, atno cost to the accused, to all defendants charged with misdemeanors or felonies, who, due tolimited English proficiency, are unable to understand the proceedings or express themselves in a

manner that is clearly understood by counsel, court, andjury. 725 ILCS 14011.

The Tenth Circuit Court complies with the Illinois Criminal Proceeding Interpreters' Act andprovides interpreters if needed for misdemeanor and felony proceedings. Ifan interpreter is neededbut one is not available, thc judge stays the proceeding until an interpreter is available.Should interpreting services be needed at any stage of a criminal proceeding, the Court arrangesforan interpreter or other interpreting services. For language requests otherthan Spanish, countiesin the Tenth Circuit make arrangements with local interpreters, refer to the lllinois LanguageInterpreter Registry or make arrangcmcnts with ilingo interpreting services.

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These policies and procedures arr: established in all counties within the Tenth Circuit Court

b. For Civil and Family Matters

Thc Illinois Suprcme Court Policy provides that courts should appoint an interpreter for any legalproceeding, including civil cases and court-annexed proceedings. Recognizing the limitedresources for language access, fund ing priority should be given to providing interpreter servicesto low- and moderate-income persons.

Language access has also been incorporated into Supreme Court rules in mediation settings.Illinois law requires that, where a judicial circuit chooses to implement a mortgage foreclosuremediation program, it must provide resources for "mcaningful language access for programparticipants." Ill. Supr. Ct. R. 99.1 (d) (iv). Illinois law also requires that, "where a litigant canonly communicate in a language other than English, the court will make a good-faith effort toprovide a mediator, and a pro bono attomcy whcre applicable, and/or an interpreter who speaksthe languagc of the litigant who needs English assistance." Ill. Supr. Ct. R. 905.

All counties within the Tenth Cfucuit Court provide interpreters for all civil and family matterswhen the requests are made or determined by the judge.

B. Bcyond the Courtroom: Scrvices for LEP Individuals

The Tenth Circuit Court is also responsible for taking reasonable steps to ensure that LEP personshave meaningful access to services outside of the coudroom. LEP individuals might never makeit to the courtroom in the first instancc without the assistancc of court staff and other pcnonnel.This presents challenges for court employees that are not bilingual and must assist LEP personswithout an interpreter.

Peoria County's Self-Help Center has all the prose forms available in Spanish along withinstructions written in Spanish to assist any LEP penon. In 201 8 the Tenth Circuit Court assistedthe four other counties with providing the same services for any LEP person that requestsassistance.

TRAINING OF COURT STAFF

The Tenth Circuit Court is committed to the training ofcou( staffand to increasing awareness ofLEP issues and responsibilities among court staffand other professionals who regularly come intocontact with the courts. One critical componcnt of language acccss is the identification ofan LEPperson who needs language assistance, whether the situation is presented during a courtroomproceeding or other court-related activity or function. Education and training conceming the rightsof, and procedures regarding, LEP individuals should be provided on a regular basis for allcourthouse personnel, including courtroom clerks, deputies, and all filing and records staff. Allpersonnel should be reasonably capable of identifying an LEP individual in need of languageassistance and of directing that individual to the appropriate resources (e.g., interpreter services,help desks, translated forms and brochurcs).

The AOIC, in coordination with the Illinois Supreme Court Commission on Access to Justice andthe Illinois Judicial Conference Committee on Education, will be responsible for ensuring that

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judgcs and other personnel of the court are providcd with quality ongoing training about theprovision of services to the LEP population.

This includes providing all judgcs, court personnel, and court-appointed professionals withtraining on the following: legal requirements for language access; court policies and rules;language services provider qualifications; ethics; effective techniques for working with languageserviccs providers; appropriate usc oftranslated materials; and cultural competency.

The Tenth Ctcuit will work in collaboration with the AOIC to ensure that all judges and courtpersonncl rcceive relevant languagc access trainings and have the adequate support to providelanguage access serviccs as needed.

Ill. PUBLIC n-O'l'lI ICATIO\ AND ONGOING PL.{,r- [,\A LUATI0\

A. LAPApproval and Publication

The Plan will be reviewcd by the ChiefJudge ofthc Tenth Judicial Circuit. Upon approval by thcChief Judge, the Plan will be submitted to the AOIC. The Language Access Plan of the TenthCircuit is subject to review and approval by the AOIC Language Access Services Specialist. ThePlans will be available to the public via thc AOIC and each Chief Circuit Judge. Any revisions tothe plan must be submitted to the Language Access Services Specialist of the AdministrativeOffice of the Illinois Courts.

B. Ongoing LAP Evaluation

The AOIC will review each county's LAP on an annual basis to ensure that it reflects both thestatus of services available to LEP individuals as well as the need for such services. During theprocess of evaluation, the following will be among the considerations: (l) the demand forinterpretation services throughout the state by language; (2) the need for documents or otherserviccs in languages other than English; (3) the lcvel of awareness and understanding of LEPpolicies among court pcrsonnel; and (4) feedback from the various LEP communities served bythe circuit courts. The evaluation will be meant to identify both strengths and weaknesses in thePlan and its implementation as well as to determine strategies for strengthening identified areas.An annually revised version of these LAPS will be madc available through the AOIC's LanguageAccess Services Specialist.

IV. STATEWIDEGOALSANDBESTPRACTICES

Ultimately, as identified by the Illinois Supreme Court Language Access Policy, it is the goal ofthe Illinois Supreme Court that every LEP individual in the state will have meaningful access tothe justice system. As such, all courts in this State, including all courts in the Tenth Circuit willstrive to ensure that:

Signs pointing LEP persons to language assistance will be posted in at least one keyspot in every courthouse in Illinois.

Court personnel in every courthouse in Illinois will know how to identify an LEPindividual and will have access to a language identification flashcard (or other relevantresources) in orderto help the LEP individual to obtain assistance; and then, will knowwherc to direct that LEP party to get additional assistance.

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Certified, registered, or otherwise qualified interpretcrs arc provided, at no cost to thelitigant, in both criminal and civil matters any time an individual is unable to understandand communicate effectively in a court proceeding due to limited English proficiency.

A statewide list ofcertified interpreters is available to the administrative staffofeverycircuit throughout thc state.

All interpreters who are listed as certified have, at a minimum, passed a writtanexamination tcsting their English proficicncy, ethics, and court proceduml knowledgeand an oral cxamination tcsting their interpreting skills.

A statewide court interprcter certification program is crcated, including scrccning and

a test of their interpreting skills in a legal setting, which uses the National Center forState Court (NCSC)'s written and oral exams.

Avenues of communication are in place between law enforcement officials and courtpersonnel so that an individual's status as an LEP individual is identified and notedprior to his or her first appearance in court, thereby reducing the likelihood ofdelay.

A system is implementcd whereby a person's status as LEP is noted within all civilcase files, thereby reducing the likelihood ofexcessive delays.

Official court documents are available in the languages most commonly understood byLEP persons.

LEP persons are able to meaningfully participate in court-annexed programs, and thatLEP services are available for all court, clerk and court-annexed programs.

Each circuit develops and implements a comprehensive LAP that outlines the rights ofLEP individuals as well as the ways in which LEP individuals within that circuit canobtain meaningful access to the courts and their ancillary services.

LAPs for the Illinois courts are reviewed rcgularly to ensure that they accurately reflectand address the needs ofthe LEP populations they serve.

V. CIRCUIT COURT GOALS AND ACTION STEPS

The Tenth Circuit Coun will strive to accomplish the following action steps in the coming year

to address language access:

l. Provide telephonic and video interpreting through inlingo for as long as AOIC is able tocover this expcnse. We will continue to monitor all available options through differentvendors;

2. Continue to revieu, and establish a policy in all Peoria County courts to coordinate blocksettings for designated Spanish language days and assist thc four other countics withinthe Tenth Circuit in establishing a similar policy if needed;

3. I ncrease use ofcase management system to schedule interpreters and automate datacollection;

4. Ensure that thc Tenth Circuit is rn compliancc with all standards promulgated by theAdministrative Office of the Illinois Courts.

5. The Tenth Circuit has translated the following court forms from English to Spanish:- Order of Protection Plenary Orders (Spanish)- Order of Protection Emcrgency Ordcrs (Spanish)

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Traffic court date reminder slip (Spanish)- Traffic Plea of Guilty (Spanish)- Defendant's notice of rights (Spanish)- Defendant's noticc of rights (Russian)- Defendant's notice of rights (Polish)- Defendant's notice of rights (Korean)- Defendant's notice of rights (Chinese)- Defendants notice ofrights (Arabic)- Wedding Ceremony (Spanish)

6. Continue attending training on ho\,r' to manage LEP litigants and/or interpreters

VI. CONTACTINFORMATION

LAP Approval Conducted by:Hon. Katherine S. GormanChicf JudgePeoria County Courthouse, 324 Main Street, Rm. 215, Peoria, lL 61602Office: (309) 672-6047, Fax: (309) 672-6057

AOIC Language Access Services Specialist:Noor Alawawda Program Coordinator, LanguageAccess Administrative Office of the Illinois Courts222 N. Lasalle St., 13th FloorChicago, IL 60601(312) 793-6181 (phone)(3 l2) 793-l 33s (fax)nalawawd a@illinoiscourts. gov

VII. EFFECTIVEDATE

This LAP shall be effective as of January l, 2021

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LAP Contact:Rena K. Parker, Trial Court AdministratorPeoria County Courthouse, 324 Main Street, Rm. 215, Peoria, IL 61,602Office: (309) 672-6054, Fax: (309) 672-6057rparker@peoriacounty.org