Eliminating Barriers to Justice III: Language Access, the Americans with Disabilities Act and Georgia’s Criminal and Civil Justice Systems
Conference Highlights included:
- Access to Justice & the American with Disabilities Act (ADA) – An introductory discussion of professionalism issues within the contexts of a court’s legal responsibility to provide auxiliary aids, services, and other reasonable accommodations to persons with disabilities (including and beyond interpretation services) involved in civil and criminal legal proceedings. This module also included a discussion of Georgia’s ADA Handbook for Georgia courts currently under revision.
- Access to Justice and the Criminal Justice System – A discussion of the importance of the use of qualified interpreters in criminal matters and the risk of reversible error on appeal when the use of an unqualified or no interpreter occurs, as established by Supreme Court of Georgia precedent. This module discussed possible ethical implications for attorneys (including those working in District Attorney, Solicitor General, and Public Defender offices) and judges when criminal litigants, witnesses or other court participants, particularly those who are LEP/DHH, are not provided with meaningful access to the justice system.
- Judicial Roundtable – “The Essence of Due Process is the Opportunity to Be Heard” featuring Hon. Keith Blackwell, Justice, Supreme Court of Georgia; Hon. Harold Melton, then Justice, Supreme Court of Georgia; Hon. Sara Doyle, former Chief Justice, Georgia Court of Appeals; Hon. Horace Johnson, Judge, Superior Court (Alcovy Circuit); Hon. Kristina Hammer Blum, Chief Magistrate Judge, Gwinnett County Magistrate Court.
Module 1 – Access to Justice & the Americans with Disabilities Act
Title II of the ADA: Access to Courts
Ensuring Access to Justice: Representing People with Disabilities (Galifianakis & Peace)
Language Access in State Courts (Stoneman, USDOJ)
Supplemental Material – Module 1: The ADA
Article – “Is It Reversible Error?,” Georgia Courts Journal (March 2015)
Article – “Often Seen But Unheard,” Clearinghouse Review (Nov./Dec. 2012)
Article -“Justice Melton in Q& A on Language as a Barrier to Access,” Daily Report (February 2014)
Module II – Access to Justice and the Criminal Justice System
How to Provide Effective Assistance of Counsel to LEP and DHH Clients
State v. Tunkara, 298 Ga. 488, 782 S.E.2d 278, 2016 Ga. LEXIS 170, (2016)
Legal Help for Speakers of Other Languages: Three Ethical Traps, Cornerstone (May-August 2007)
Supplemental Materials – Module 2: Access to Justice and the Criminal Justice System
Uniform Translation of Miranda Warnings (August 2016) – Unavailable
Module III – Judicial Roundtable
Supplemental Materials – Module 3: Judicial Roundtable
Supreme Court of Georgia Commission on Interpreters LEP Benchcard (February 2016)
Supreme Court of Georgia Commission on Interpreters DHH Benchcard (August 2015)
Language Access in Federal Court, Duke University Law Review (May 2013).
Ramos v. Terry, 279 Ga. 889 (622 SE2d 339) (2005)
Ling v. State, 288 Ga. 299 (702 SE2d 88)(2010) Language Access