Language Access Issues
In late 2006, Act 172 was passed, expanding and standardizing language interpreter services in Pennsylvania. Under this law, interpreter services must be provided for litigants with limited English proficiency in all court proceedings and most administrative proceedings. The law applies to all state and county court proceedings, both criminal and civil. In all criminal cases and in civil where the parties are indigent, the court bears the cost of the interpreter services. In those civil cases where the parties can afford the costs, the court may include the costs of the interpreter services in court fees assessed against the parties.
Court interpreters will be officially appointed by the court , and the use of informal interpreters (such as a relative or friend of one of the parties) will be generally prohibited. Certified interpreters must be used first whenever available. They have to pass oral and written tests of language ability, interpreting skill and ethics. Otherwise qualified interpreters may be appointed if a certified interpreter is not available. These interpreters are registered, screened and at least partially tested but have either failed the oral exam or no exam is available in the needed language. A special office of the Administrative Office of Pennsylvania Courts (AOPC) administers the training, testing and certification process.
Jury Diversity
Jury Source Lists
Legislation was enacted in the summer of 2007 to increase and expand lists available to counties for use in summonsing citizens to jury duty in order to increase diversity of jury pools. This legislation tackles one of the persistent difficulties facing the jury system: finding jurors who reflect the diversity of the communities in which the incidents leading to the cases they will hear have occurred. Under the new law, counties will be able to use new lists, in addition to voter registration rolls and motor vehicle registration rolls, to create their jury lists. This will help increase the numbers of community members whose names may not be included on the current source lists.
Best Practices for Jury Selection
The Jury Service Committee of the Interbranch Commission on Gender, Racial and Ethnic Fairness, in coordination with the Jury Service Committee of the Commission on Justice Initiatives, have been focusing on developing best practices related to jury selection. In response to a specific request from Chief Justice Ralph Cappy, the Committees, under the direction of PMC Executive Director Lynn Marks, are preparing a comprehensive report recommending standardized procedures for Pennsylvania counties to follow to govern the entire jury selection process, from the summonsing process to voir dire through actual service. The goal is to develop a standardized process that will improve juror turnout, enhance the juror experience, and increase jury diversity.
In addition, the Jury Service Committee has been holding a series of training sessions for county jury officials. The goal of the trainings is to promote dialogue regarding best practices in the administration of the state’s jury system.
