Language Barriers to Justice in California, California Commission on Access to Justice, September 13, 2005 [concluding there is a "dire and unmet need for language assistance" in California civil courts, and arging that many people cannot effectively defend themselves or assert their rights under the present English-only system]. Excerpt:

California is home to one of the most ethnically and racially diverse populations in the world. Of the state's 34 million people, about 26 percent (roughly 8.8 million people) are foreign born. Californians speak more than 220 languages, and 40 percent of the state's population speaks a language other than English in the home.1 This extraordinary diversity is among the state's greatest assets — a cross-pollination of ideas, traditions, backgrounds and cultures that has helped make California an international leader in business, the arts, entertainment, engineering, medicine, and a host of other fields.

The state's diversity also poses unique challenges for the delivery of government services — particularly for the courts. For Californians not proficient in English, the prospect of navigating the legal system is daunting, especially for the growing number of litigants who have no choice but to represent themselves in court and therefore cannot rely on an attorney to ensure they understand the proceedings. Nearly seven million Californians cannot access the courts without significant language assistance, cannot understand pleadings, forms or other legal documents, and cannot participate meaningfully in court proceedings without a qualified interpreter.

The right to have a state-funded interpreter in a criminal proceeding has long been recognized by the courts; however, in most civil proceedings — even those affecting fundamental rights — California does not recognize the right to an interpreter, and there are not adequate funds to pay for interpreters. An overwhelming number of Californians believe that interpreters should be made available to assist non-English speakers in all court proceedings and that interpreters should be provided free of charge to low-income non-English speakers. The California Legislature has acknowledged the need for language services in the courts in order to provide equal access to justice for all.

Read the full text of the report [PDF]. Reported in JURIST's Paper Chase here.