Loading...
HomeMy WebLinkAboutLAP_2026_2027_FinalLANGUAGE ACCESS PLAN This language access plan (LAP) provides a framework for the provision of timely language access services that ensure access for all limited English proficient (LEP), deaf, hard of hearing, and deaf -blind (D/HH/DB) individuals who come in contact with Bainbridge Island, Bremerton, Port Orchard and Poulsbo Municipal Court services and programs. Language access services include both interpretation and translation services for LEP and D/HH/DB individuals. •l llsl! Under Washington state law (chapters 2.42 and 2.43 RCW), Title VI of the Civil Rights Act of 1964 (Title VI), the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act), the Americans with Disabilities Act (ADA), and the regulations implementing these federal laws, Washington courts are required to provide language access services to all LEP and D/HH/DB individuals in civil and criminal court proceedings and in all court -managed services and programs and to develop a written language access plan pursuant to RCW 2.43.090. It is the policy of Bainbridge Island, Bremerton, Port Orchard and Poulsbo Municipal Court to provide interpreter services at no cost to limited English -proficient (LEP) parties, witnesses, victims, and others with an interest (e.g., parents, legal guardians, custodians) in all court proceedings and operations, both civil and criminal, other than when it is the responsibility of other government bodies pursuant to state law. It is also the policy of this court to provide sign language interpreting services at no cost to persons who are D/HH/DB as required under applicable state and federal statutes and regulations. The court will provide accessible information to LEP and D/HH/DB persons on how to request these language assistance services and vital documents as part of its notice to the public about its language access services. Although D/HH/DB individuals are covered under the ADA and chapter 2.42 RCW rather than Title VI and the Safe Streets Act, this plan covers the appointment and provision of interpreters for both D/HH/DB and LEP individuals. 3.1 COMPILATION AND REVIEW OF LANGUAGE DATA FROM REPUTABLE SOURCES As appropriate, the court will compile or review demographic data regarding the anticipated language needs of its service area. Reputable sources that the court will consult or has consulted include the following: • The Language Interpretation Needs Dashboard, available through the AOC website 1 • Most recent decennial US Census • Language Access and Interpreter Reimbursement Program, specifically data from the following year(s): 2023, 2024, 2025. Other, local sources of reputable data that have been consulted include: • County health department • Public Defender's Office/Office of Assigned Counsel • Prosecuting Attorney's Office This data will be reviewed according to the schedule indicated in Section VII of this plan to help the court analyze its allocation of language access resources, and make adjustments as needed. Currently, the following spoken or signed languages other than English indicated by reputable sources as likely the most commonly used by persons in the court's service area, in rank order 1. Spanish 2. Mam 3. Tagalog 4. Chuukese 1 Language Interpretation Dashboard 2 3.2 TRACKING AND MONITORING LANGUAGE ACCESS DATA In order to help plan for future provision of language access services, and to make the most efficient use of court resources, the court will track the following information for cases involving language access: • Language • Case type (e.g. family law, criminal, guardianship, etc.) • Proceeding (e.g. trial, arraignment, initial appearance, etc.) • Location of service request (e.g. court hearing, ADR, clerk's office, etc.) • Whether the language access service requested was granted or denied Tools or methods used to track data are as follows: • Spreadsheet • Case Management System 4.1 NOTICE OF AVAILABILITY AT POINTS OF ACCESS In order to help facilitate communication with LEP and D/HH/DB court users, the court has identified or will identify procedures to alert court users of available language access services. The court has done this or will do this in the following ways: 4.1.1 WEBSITE As indicated in Section V of this plan and consistent with RCW 2.43.090, the court will make available on its website translated information to inform the public of how to access the court's language access services. The court will provide this information in five or more languages other than English that reputable data demonstrates are the most commonly used in the court's service area. 14.1.2 TELEPHONE: 3 The court: • Uses telephonic interpretation services, which allows court staff to access interpreters in many languages through a conference call service. 4.1.3 IN -PERSON: • The court uses the multilingual poster with the heading "Your Right to an Interpreter" which includes directions translated into 24 languages other than English, informing the public of the services available. • The court uses "I -Speak" Cards, which serve as a complement to the multilingual poster, and allow an LEP court user to identify their language. • The court uses PocketTalk once the language has been identified. As indicated in Section V1 of this plan, court staff are provided orientation/training on the availability and use of these materials. 4.2 POINTS OF ACCESS The court considers telephonic, online, and in -person interactions as points of access to the court and its services. The physical points of access include: Information desk or kiosk • Front counter • Security screening at facility entrances • Clerks' Offices • Cashier Offices • Courtrooms Coordination with Justice Partners To ensure the earliest possible identification of the need for language access services, the court has established internal protocols with the various justice partners which routinely interact with this court in order for these partners to communicate to the appropriate court staff the needs of LEP or D/HH/DB participants who will be coming into contact with the court. While justice partners themselves may be under a separate legal obligation to provide language access services to their clients, the court will be notified of any services that fall under the responsibility of the court as early as possible so services may be provided in a timely and efficient manner. Examples of justice partners to be notified include 4 • Jail staff • Domestic violence victim's advocate • Attorney/public defender • Court facilitator • Law enforcement Guiding Principle in Identifying Language Needs: When it appears that an individual has difficulty communicating due to a language barrier, court staff will inform the LEP or D/HH/DB person of his or her right to have language access services provided by the courts at no cost to them, even if the LEP or D/HH/DB person has not made a request for the language access services. LANGUAGE ACCESS SERVICES J A designated person or office is indicated as the central point of contact for language access services. These consist primarily of interpretation and translation services. In some cases, services can be provided directly in a language other than English, generally through communication with bilingual court personnel. Interpretation can be provided in spoken languages or in sign languages. These services are provided, as appropriate, for situations within the courtroom setting and outside of the courtroom setting, as indicated below. The provision of these language access services is realized through the appointment of interpreters in ways consistent with best practices in the field of court interpretation and with existing federal and state policies. These practices help assure that steps are taken to appoint appropriately credentialed or vetted interpreters, to do so in as efficient a manner as possible, and in ways that take into account the availability of interpreters. 5.1 DESIGNATED LANGUAGE ACCESS CONTACT The court has designated: Bainbridge Island Municipal Court Jennifer Smith Court Administrator 8804 Madison Ave N, Ste 200 Bainbridge Island, WA 98110 206-842-5641 / court@bainbridgewa.gov 5 Bremerton Municipal Court MiHa Kapaki Court Administrator 550 Park Ave, Bremerton, WA 98337 360-473-5260 / Miha.kapaki@ci.bremerton.wa.us Port Orchard Municipal Sharon Ells Court Administrator 216 Prospect St. Port Orchard, WA 98366 360-876-1701 / Court@portorchardwa.gov Poulsbo Municipal Amy Knutsen Court Administrator 200 NE Moe Street, Poulsbo, WA 98370 360-779-9846 / aknutsen@cityofpoulsbo.com to oversee the coordination of language access services and to manage requests for interpreters and other language access services. This designated person or office oversees the following: • Developing lists of interpreters and securing interpreter services • Receiving and tracking language assistance requests • Addressing gaps in interpreter services by conducting outreach as needed • Providing information to assist LEP and D/HH/DB individuals to secure language access services • Assisting or providing referrals to attorneys, justice partners, and other relevant persons to secure language access services for their clients and constituents • Assisting court staff with securing language access services • Answering questions from LEP and D/HH/DB individuals, and the public at large, regarding the court's available language access services LEP and D/HH/DB individuals, attorneys, justice partners, government agencies, and any other entities in need of language access services for court programs or activities or to acquire such services or information for themselves or their clients, may contact: Name of Office or Bainbridge Island Municipal —Jennifer Smith Person: Email: court@bainbridgewa.gov Phone Number: 206-842-5641 Name of Office or Bremerton Municipal — MiHa Kapaki Person: Email: Miha.kapaki@ci.bremerton.wa.us Phone Number: 360-473-5260 Name of Office or Port Orchard Municipal — Sharon Ells Person: Email: Court@portorchardwa.gov Phone Number: 360-876-1701 Name of Office or Poulsbo Municipal — Amy Knutsen Person: Email: poulsbocourt@cityofpoulsbo.com Phone Number: 360-779-9846 5.2 APPOINTMENT OF INTERPRETERS FOR IN -COURT PROCEEDINGS When a determination has been made that a court user requires the services of an interpreter, court personnel will follow the following guidelines when meeting the need for an interpreter. 5.2.1 CREDENTIALED INTERPRETERS: This court appoints court-credentialed spoken language or court-credentialed sign language interpreters whenever such persons are available. To secure appropriate interpretation, the court uses the following: • Independent contractor interpreters, using AOC's registry of credentialed spoken language interpreters • Independent contractors sign language interpreters, using DSHS' Office of Deaf and Hard of Hearing (ODHH) website 5.2.2 NON-CREDENTIALED INTERPRETERS: When credentialed interpreters are not available, or for languages for which interpreters are not credentialed, the court takes steps to locate those interpreters who might still be able to provide acceptable services. With a finding of good cause, the court may appoint a non-credentialed interpreter, first making a determination that the interpreter is able to interpret accurately all communications to and from LEP or D/HH/DB persons in that particular proceeding. Good cause is found when: 7 (i) Given the totality of the circumstances, including the nature of the proceeding and the potential penalty or consequences involved, the services of an in -person credentialed interpreter are not reasonably available to the appointing authority; or (ii) The current list of credentialed interpreters maintained by the Administrative Office of the Courts does not include an interpreter in the language spoken by the LEP. Consistent with policy, once good cause is established on the record, the court will take steps to help assure the proposed interpreter has the ability to interpret accurately. The appointing authority shall satisfy itself on the record that the proposed interpreter: Is capable of communicating effectively with the court or agency and the person for who the interpreter would interpret; and Has read, understands, and will abide by the code of ethics for language interpreters established by court rules, as established in GR 11.2 The court will follow standard practices for determining the proposed non-credentialed interpreter's ability to interpret accurately, referring as needed to Page 3 of the Bench Card for Spoken Language Courtroom Interpreting 2, last updated by the Interpreter Commission in July, 2025. In the case of signed language interpreters, the court will refer as needed to the Bench Card for Hearings with Sign Language Interpreters, last updated in 2021.3 Guiding Principle: The court will not appoint as interpreters those persons determined to have a potential conflict of interest in the proceeding or those determined to not have the ability to interpreter accurately, including the following: minors; friends and family of the LEP or D/HH/DB person; advocates and attorneys; justice partner bilingual staff; or anyone deemed unqualified after colloquy by the court. 5.3 LANGUAGE SERVICES OUTSIDE THE COURTROOM The court is responsible for taking reasonable steps to ensure that LEP and D/HH/DB persons impaired have meaningful access to services outside the courtroom. It is the practice of the court to provide interpreters for court -managed services, programs and operations consistent with state and federal language access mandates. In compliance with such mandates, the court shall provide language access services at: Alternative dispute resolution programs • Anger management class Z AOC Bench Card for Courtroom Interpreting 3Ibid • Cashiers • Criminal diversion programs • Electronic home monitoring • Information counters • Parenting classes • Probation offices 5.4 THE PROVISION OF INTERPRETATION SERVICES The court has adopted practices, procedures, and systems for the provision of interpretation services, including the use of appropriate modalities of interpreting, accounting for longer interpreted sessions, and calendaring/scheduling. Regardless of the modality used to provide interpretation court proceedings, the court will provide interpreter consist with RCW 2.43 and the processes outline in section "Appointment of Interpreters for Court Proceedings." 5.4.1 INTERPRETING MODALITY In -person Interpretation; Video Remote Interpretation (VRI); Telephonic Interpretation ......................................................................................................................................................................................................................................................................................................................................... 5.4.1.1 IN -PERSON INTERPRETATION The court uses in -person interpreters as indicated: • The court uses in -person interpreters whenever possible, and uses Video Remote Interpreting (VRI) as an alternative as needed 5.4.1.2 VIDEO REMOTE INTERPRETATION When the court makes use of the modality of Video Remote Interpretation (VRI), it does so in a manner consistent with GR 11..3 and in a manner that meets requirements for providing effective communication, including: • Real-time, full -motion video and audio; • A clear, large image; • A clear transmission of voices; • Adequate training of staff in utilizing the equipment; and • Use of Certified interpreters with legal training • While providing appropriate VRI services is a viable means of meeting language access needs, doing so successfully requires dedicated equipment and familiarity with E processes. The court uses VRI in ways consistent with these requirements in order to assure appropriate access. • The court has established procedures, has secured the requisite equipment, and has court staff with training on providing VRI. The court uses VRI as a regular component of providing interpreter services. • The court uses VRI as a last resort for non -evidentiary proceedings ......................................................................................................................................................................................................................................................................................................................................... 5.4.1.3 TELEPHONIC INTERPRETATION The court makes use of telephonic interpretation for interactions with persons with Limited English Proficiency (LEP) that are relatively short in nature and generally not of a legal nature. These interactions typically take place at points of contact such as court clerk's office, cashier's office, front counter, and other such places. The court has the following arrangement for telephonic interpretation services: • Contract or agreement with a telephonic service provider 5.4.2 TEAM INTERPRETING: The court will take into account the anticipated length of interpreted proceedings to determine appropriate interpreter scheduling. Such consideration is generally applicable in longer hearings. The assignment of multiple interpreters is a quality assurance provision to help ensure accuracy. Consistent with GR 11.4, the court will assign interpreters as indicated below: Spoken language More than 1 hr. Simultaneous More than 2 hr. Consecutive Signed Language Assign More than 1 hr. 1 2 interpreters n/a 2 interpreters When a team of interpreters is not readily available and good cause is found on the record to proceed with one interpreter, the interpreter is to be provided a 10 minute break after every 20 minutes of interpreting. 5.4.3 CALENDARING AND SCHEDULING OF INTERPRETERS 10 In order to schedule interpreters in a manner that serves the needs of LEP and D/HH/DB court users while doing so as efficiently and effectively as possible, the court has adopted or will adopt the following practices: • Contracting with agency or independent interpreters for half -day or full -day blocks, during which the interpreters are available for a range of interpretation needs • Maximizing the contracted time of interpreters so that when an interpreter is not occupied in a courtroom proceeding, he or she may be assigned to assist in other court - managed services, such as clerk's offices, pro se clinics, Courthouse Facilitator meetings, or others 5.4.4 ADDITIONAL CONSIDERATIONS IN THE APPOINTMENT AND USE OF INTERPRETERS • In appointing interpreters, court staff will ensure that the interpreter and the LEP or D/HH/DB participant can effectively communicate. It is also the practice of the court to: • Only allow an LEP or D/HH/DB person to waive his or her right to the assistance of an interpreter if the waiver is knowing, voluntary, and on the record. The waiver of an interpreter may be rejected by the court or later revoked by the person. • Require interpreters to provide sight translations for documents related to the court proceedings. • Prohibit interpreters from assisting LEP or D/HH/DB with entering information on court forms without the involvement of court staff in the completion of such forms. • Provide sign language interpreters for jurors who are D/HH/DB when such persons are called and selected for jury service • As noted in the policy interpretation section earlier, chapter 2.42 RCW requires that courts provide interpreters for persons who are D/HH/DB when they are required to attend court ordered -programs or services. • In addition to the provision of qualified interpreters in all proceedings where required, court's bilingual staff may assist with language needs outside of court proceedings. Bilingual staff shall be trained to understand their role, how it differs from the role of an interpreter, and that staff are only used for basic communications. 5.5 TRANSLATED FORMS AND DOCUMENTS 5.5.1 STATE TRANSLATED CONTENT In order to help facilitate communication between the court and LEP and D/HH/DB individuals, and to facilitate the disposition of cases, the court will take steps to evaluate the need for 11 translated materials and to provide those materials. The court refers to the court forms translated into the following languages, and available on the AOC website4, and makes these forms available as appropriate: • Korean • Russian • Spanish • Vietnamese • Tagalog • Chinese (Simplified) In addition to these court forms, a number of guides or introductions to courts and court processes are available in Spanish, covering these topics: A guide to the court systems Informational one- and two -pagers on self -representation in Municipal, District, and Superior Courts and an introduction to Small Claims Courts6 5.5.2 WEBSITE NOTICE Consistent with changes in 2025 to RCW 2.43, the court will take steps to make available on its website translated information that informs the public of procedures necessary to access a court's language access services and programs. The information shall be provided in five or more languages other than English that reputable data indicates are predominate in the court's jurisdiction. In order to achieve this, the court will consider adopting such notice when provided by the AOC, or will prepare its own statement and secure translation. 5.5.3 TRANSLATION ALTERNATIVES In the absence of written translations of documents in languages other than English, the court will provide alternative forms of access to the content of important English -language written content, such as providing a sight translation. "Sight translation" refers to rendering written content in one language orally into another language. Washington court -certified interpreters are judged competent in providing accurate sight translation. 4 AOC Court Forms 5 Guia 6 Pro se litigants 12 5.5.4 TRANSLATED CONTENT The court has translated content based on language needs. The items translated are listed in an appendix or are available through the court's website. Sight -translation on the record should be limited and will not be used as a replacement of written translations of documents offered in an evidentiary hearing. 5.6 PROVIDING EMERGENCY INFORMATION TO LEP COURT CUSTOMERS The court taking reasonable steps to ensure that LEP and D/HH/DB individuals have meaningful access to emergency information should an emergency situation arise. The court provides such information in the following ways: • There are universally understood emergency signs located in the strategic places throughout the courthouse building; • There are emergency signs in English and Spanish at Bremerton Municipal • Evacuation map(s) are located in visible public area points with an indication using the most common non-English language (in addition to English) spoken in the area to designate the evacuation map(s). In order to continue to integrate the provision of language access services into the commonplace operations of the court, and to sustain those services in a viable and robust manner, the court will provide staff training based on the content in this Language Access Plan. 6.1 TRAINING TOPICS Key areas of focus are the following: • Initial general language access training and orientation for new staff employees as part of their initial training. • Identifying language access needs at points of access • Providing notice in accessible manners about the availability of language access services and how to request or access those services • Proper appointment and scheduling of interpreters for all court proceedings and court - managed programs and services 13 • How to qualify a non-credentialed court interpreter • Role of an interpreter, modes of interpreting, and interpreter ethics and professional standards • Courtroom management when interpreters are used • Use of remote technologies for interpreting • Cultural competence 6.1.1 6.2 MEANS OF PROVIDING TRAINING In order to best meet these training and orientation needs, the court has adopted or will adopt a targeted approach, and the court's judicial officers and staff will have access to the following training opportunities, as appropriate. Instructional Format Live or recorded in -person or remote sessions Instructional Modules Written Content 7.1 PUBLIC NOTIFICATION Item/Topic/Session • Judicial Conferences with language access presentations • Judicial College (new judicial officers) • 2025 AOC Language Access Webinar Series sessions • Language Access Basic Training (LABT) modules • RCW changes, 2025 2 -Pager • Bench Card for Spoken Language and Sign Language Interpreters Audience, as applicable ° New Judicial Officers or those new to WA ° Court Administrators ° Court Clerks ° Interpreter Coordinators ° New employees ° New to point -of -access role (front counter, etc.) ° Court Administrators ° Judicial Officers 14 Consistent with RCW 2.43, this LAP is a publicly available document. Members of the public may access a copy of this plan by: • Accessing it on the court's website at: • Requesting a copy, which can be provided in digital or written form, at the court's discretion 7.2 FILING A COMPLAINT LEP and D/HH/DB individuals have an option to file a complaint with the local court using local court customer complaint filing procedures. The local court complaint rules/processes are as follows: 1. The complaint is submitted to the Court Administrator or Interpreter Coordinator in person or in writing in LEP person's language for consideration in accordance with local court complaint process. 2. The Court will respond to the complaint within 5 business days 3. Complaints may also be filed with the Interpreter Commission should be sent to: Washington State Interpreter Commission c/o Interpreter Commission Staff Administrative Office of the Courts PO Box 41170 Olympia, WA 98504-1170 7.3 DISSEMINATING THE LAP In an effort to further disseminate knowledge about this plan, the court will provide notification of its update in the following manners: • Collaborating with local bar associations, justice partners and other relevant organizations to ensure distribution of information. • Translating vital outreach materials into frequently used languages other than English: Spanish will be the primary language for which documents will be translated. • Establishing mechanisms for obtaining feedback from the public, attorneys and justice partners regarding the implementation and effectiveness of the administrative protocol and take this feedback into account at the yearly evaluation of the protocol. 15 7.4 PERIODIC EVALUATION OF THE LAP The court will review this LAP to determine updates and revisions that might be needed, according to the following schedule: • Annually, as part of the court's regular established review schedule • In preparation for the biennial requirement to submit an updated plan to AOC by Jan 1 of every even -numbered calendar year. In order to prepare for the biennial submission of an updated plan, the court will review this plan according to this schedule: This periodic evaluation will include an analysis of the number of interpreter requests by language, including signed language, comparing that usage to anticipated usage for the region served by the court based on reputable data sources indicated in Section III of this plan. This analysis will serve to achieve the following: • Assessment of current language needs to determine if additional services or translated materials should be provided • Assessment of whether staff members have received adequate support and training, and determining other appropriate supports • Identification of challenges or trends the court is experiencing with providing language access services. Consistent with RCW 2.43, the court will submit its next current Language Access Plan to the AOC by January 1, 2028. 7.5 AREAS OF FOCUS FOR CONTINUED IMPROVEMENTS TO LANGUAGE ACCESS As a living document, this LAP will be updated to reflect changes in the provision of services. These changes can reflect the demographics of the court's service area, changes in the availability of interpreters, or efforts to bolster the provision of language access services. Areas of focus for the court include the following: • Better identifying forms to prioritize for translation consideration. The court will look at the frequency of need to sight translate specific documents, and will highlight those documents and languages for translation consideration • Referring to the statewide translations of court forms available on the AOC website, and making use of those forms whenever possible • Consideration of the technical and infrastructure requirements to provide remote interpretation, as a possible means to avoid delays while providing language access 16 7.6 COURT REVIEW AND APPROVAL: This Plan has been reviewed by the following person(s) at the court, and is approved to be submitted to the AOC, as indicated in RCW 2.43.090: Jennifer Smith Court Administrator Name Title MiHa Kapaki Court Administrator Name Title Sharon Ells Court Administrator Name Title Amy Knutsen Court Administrator Name Title January 29, 2026 Date 206-842-5641 / court@bainbrideewa.L-ov Contact Information 360-473-5260 / miha.kapaki@ci.bremerton.wa.us Contact Information 360-876-1701 / court@portorchardwa.gov Contact Information 360-779-9846 / poulsbocourt@cityofpoulsbo.com Contact Information 17