“The shortage of qualified interpreters has become a national problem, and it has serious consequences,” Kohl said. “When interpreters are unqualified, or untrained, mistakes are made.  The result is that the fundamental right to due process is too often lost in translation, and because the lawyers and judges are not interpreters, these mistakes often go unnoticed.” 

Senator Kohl’s legislation addresses the shortage of qualified court interpreters by authorizing $15 million per year, over five years, for a State Court Interpreter Grant Program.  This program would provide much needed assistance to states to develop, implement and improve state court interpreter certification programs in order to ensure fair trials for individuals with limited English proficiency. Those states that apply would be eligible for a $100,000 base grant allotment.  In addition, $5 million would be set aside for states that demonstrate extraordinary need.  The remainder of the money would be distributed on a formula basis, determined by the percentage of persons in that state over the age of five who speak a language other than English at home. 

A lack of qualified interpreters can create serious problems in the justice system.  For example, a poorly interpreted trial may be appealed on the grounds that justice was not administered fairly.  Those appeals clog up the courts.  In addition, where there are inadequate resources available, interpreters may not be able to keep up with the caseload and trials may be delayed unreasonably and in violation of a defendant’s right to a speedy trial.   By increasing the pool of trained and qualified interpreters, local and federal agencies, in addition to the courts, will be able to better provide interpreter services in law enforcement, national emergency preparedness and response, immigration proceedings, human trafficking investigations, and more.

When Wisconsin’s launched its state court interpreter program in 2004, using state money and a $250,000 federal grant, certified interpreters were scarce.  Since then, using that grant money, the state now has 48 certified interpreters.  Most of those are certified, Spanish-language interpreters, where the greatest need exists.  However, the state also has interpreters certified in sign language and German.  The list of provisional interpreters – those who have received training and passed written tests – is much longer and includes individuals trained in Arabic, Hmong, Korean, Portuguese, Polish, French and Somali, among other languages.

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