In 1964, Title XI of the Civil Rights Act prohibited discrimination based on race, color, or national origin (limited English proficiency (LEP)). In 1990, the Americans with Disabilities Act was enacted. Their purpose is to ensure equal access by individuals who are protected by these laws. Agencies who receive federal funding must overcome the physical and linguistic barriers to comply. However, the price tag of fulfillment is the white elephant in the room no one wants to discuss.
In March of 2020, due to the coronavirus pandemic, state courthouses all over America shuttered. Methods to ensure due process had to be discovered and implemented quickly. In the previous decade, a few state courthouses had been developing video remote interpretation to better serve LEP, deaf, and hearing-impaired people. Nevertheless, the great majority did not have any infrastructure. Last year, many were flying by the seat of their pants to join the 21st century videoconferencing.
As courts swiftly moved to virtual hearings, judges, lawyers, interpreters, social workers, victim advocates, and lay people fumbled often while learning different remote technologies. Although almost everyone has a mobile phone, not all individuals can download and operate certain applications. Some, but not all apps have language options built into them so the LEP person can operate them. Additionally, Internet connections are not equal in all places, even within the United States.
What are the benefits of virtual proceedings?
- Elimination of travel time and parking
- Elimination of taxi costs
- Access to a greater number of spoken or sign interpreter practitioners
- Increased participation of plaintiff/petitioner and defendant/respondent
- Practice safety measures due to COVID-19
What are the disadvantages of virtual proceedings?
- Problems for technologically challenged people
- Tricky to confirm if individual is alone
- Internet connectivity issues
- Increased difficulty in assessing witness credibility, coaching, and note usage
- Inappropriate for long hearings
- Poor audio quality
- No separate channel available for simultaneous interpretation
- Limited/no access to speaker’s visual cues intensifies interpreters’ cognitive load
- Spoken interpreters juggling devices
Whatever your view, hybrid court hearings are the new norm. Providers like KUDO, Zoom, and others have products that include the interpreting function and closed caption for the hearing impaired. I’m gratified that the South Carolina Judicial Branch requested $7.6 million to collaborate with Cisco to create a virtual courtroom solution to enable simultaneous interpretation. This solution will ensure due process for LEP, hearing-impaired, and deaf individuals who come before the South Carolina courts.
