Requires certain court documents to be translated into languages other than English.

A2186

ASSEMBLY, No. 2186

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Assemblywoman ELIANA PINTOR MARIN

District 29 (Essex and Hudson)

Co-Sponsored by:

Assemblywoman Morales and Assemblyman Kearney

SYNOPSIS

���� Requires certain court documents to be translated
into languages other than English.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning certain court documents being made available
in languages in addition to English and supplementing Title 2B of the New
Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.� The Administrative
Office of the Courts shall develop policies which require that indictment
pleadings, plea agreements, motions, and other pertinent court documents that
are presented pretrial or in court during a criminal proceeding be translated into
the primary language of the criminal defendant, a witness, or a person with
legal decision-making authority for a defendant including, but not limited to,
a legal guardian.� The courts shall facilitate access by providing written
materials in translated form for those with limited English proficiency.�
Interpreters, as provided under N.J.S.2B:8-1, may assist in the written
translation of the documents when practicable.� The Administrative Office of
the Courts shall determine and identify which documents are to be translated
for purposes of promoting language access services that are suited to the needs
of the communities of New Jersey.�

���� b.��� The Administrative
Office of the Courts shall develop policies which implement translation
services for languages including, but not limited to, the following:

���� (1)�� Spanish;

���� (2)�� Chinese;

���� (3)�� Portuguese;

���� (4)�� Italian;

���� (5)�� Korean;

���� (6)�� Hindi;

���� (7)�� Arabic;

���� (8)�� Haitian Creole; and

���� (9)�� French.

���� 2.��� The Administrative
Office of the Courts shall develop policies that ensure courthouses post and
maintain signs in heavily trafficked areas including, but not limited to,
waiting rooms, reception areas, and points of entry, informing the public of
the right to have court documents in their primary language as required in
section 1 of this act.

���� The signs shall be conspicuous
and include brief information including, but not limited to, availability of
language assistance services such as translation and interpretation.� The signs
shall invite persons with limited English proficiency to identify themselves as
persons requiring language access services.

���� The signs shall be presented
in English, Spanish, and any other language the Administrative Office of the
Courts deems necessary to effectuate this act.

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� This bill requires the
Administrative Office of the Courts (AOC) to develop and implement policies
that will provide translations of pertinent court documents in the primary
language of defendants, witnesses, or persons with decision-making authority.�
The policies established are intended to help those with limited English
proficiency (LEP) knowingly and intelligently participate in the proceeding
before the court.� The bill requires the AOC to develop policies for the
translation of nine languages that are widely spoken in New Jersey.� These
include Spanish, Chinese, Portuguese, Italian, Korean, Hindi, Arabic, Haitian
Creole, and French.� Further, the bill requires the AOC to develop policies
that require courthouses to post signs notifying LEP individuals of language
services, including translation and interpretation.

���� It is the intent of the
sponsor to provide assistance to certain litigants when English is not their
primary language to ensure the judicial system upholds litigants� civil
rights.� Finding ways to effectively bridge language barriers is necessary to
preserve the integrity of the legal system. There is agreement among federal
and state courts that in criminal proceedings, LEP defendants are entitled to
the assistance of an interpreter under the U.S. Constitution.

����
Access to courts and
administrative proceedings is critically important.� Whether cases involve
child custody, domestic violence, eviction, foreclosure, wage claims or
criminal prosecution, the stakes are too high for individuals to be effectively
excluded from courtroom participation because of their English proficiency.�
LEP individuals should not lose custody of their children because of their
English ability, nor should LEP victims of domestic abuse have to rely on
family, friends, or abusers to interpret in the courtroom, and lastly, LEP
defendants should not be interpreted by prosecutors.

���� Regardless of English
proficiency, individuals need to understand and have access to judicial
proceedings and court operations.� Citizens of this country are all considered
equal under the law and ensuring equal treatment and access in the judicial
system are priorities of the Justice Department�s Civil Rights Division. There
are over 25 million people in the United States who are considered limited
English proficient individuals, a population that has almost doubled since
1990.� Our justice system is a cornerstone of our democracy and our
constitutional right to due process.�

���� Meaningful language access is
not just necessary to ensure the proper functioning of our judicial system; it
is required by law.� Under Title VI of the Civil Rights Act of 1964, entities
that receive federal financial assistance cannot discriminate on the basis of
national origin, and failing to provide language access in courts violates
Title VI.

����
Posting and maintaining signs
as required by this bill in areas such as waiting rooms, reception areas, and
other initial points of entry will inform applicants and beneficiaries of their
right to free language assistance services.� The signage is required to invite
LEP individuals to identify themselves as persons needing such services.� It is
critically important during court proceedings that plaintiffs and defendants
receive court documents in the language they speak.