Language Barriers for Spanish-speaking Latinos: Port Wentworth, GA Appoints First Bilingual Chief Judge
The language barriers that Spanish-speaking Latino immigrants face whenever they enter a school hospital or courtroom, particularly in the South, is concerning. Very often, there are no interpreters present to answer questions or to respond when these individuals need to communicate with a teacher, a doctor or a judge, leaving them vulnerable and at the mercy of those individuals with whom they need to communicate.
The Southern Poverty Law Center confirms this, stating that in 2009, as many as 46 percent of Latinos surveyed said that they had no interpreter when reporting to court. This is the case despite the fact that those with limited English abilities are supposed to be protected by Title VI, because to deny proper services to non-English speakers would be seen as discrimination and a civil rights violation.
Nonetheless, things may be changing in one small city in Chatham County, Georgia.
Thomas L. Cole was sworn in by Mayor Glenn Jones, last month, progressing from his position as an attorney to the new Chief Judge for Port Wentworth, Ga. While also acting as the municipal court judge for Thunderbolt, Ga., as well as the Judge Pro-Tempore in Savannah's Recorder's Court. But, beyond his title and his parade of commitments, Cole is the first Spanish-speaking judge to serve on the Port Wentworth bench, providing an essential service to the small community.
"In my private practice I represent many Latin American clients," Cole said. "As a Judge, my fluency in Spanish and my familiarity with the culture helps me explain the law and consequences to any Latinos appearing in my Court."
This welcome change means that at least this community doesn't have to resort to absurd measures when they are in need of someone to interpret and communicate on behalf of the Latino court-goer.
"[Often] they go down to the local Mexican restaurant and bring someone in, literally, to interpret," said Marty Kaufman, a registered interpreter in Georgia, who responded to the result of the 2009 survey that stated that nearly half of Latinos had no interpreter in court.
Kaufman, in addition to being a registered interpreter, has a certification to ensure that interpreters are qualified for the job, though many courts continue to use unregistered individuals, particularly in rural areas where they are "unable" to provide suitable and qualified interpreters.
There are also many cases in the South were attorneys communicated with their clients through the client's children, addressing subjects like traffic violation, innocence and guilt, and domestic violence. In one Alabama court, Latinos were asked to mark one hand with an 'X' and the other with an 'O;' one indicating guilt and the other indicating innocence. None of the aforementioned methods being accurate or fair ways to determine someone's innocence, and would never be admissible if prescribed to a white person in the United States.
"That's not justice. It's awful," said Isabel Rubio, director of the Hispanic Interest Coalition of Alabama.
As previously stated, parents also feel the difficultly of not being about to communicate. Especially when dealing with educators.
"Parents, for example, find themselves unable to be involved in their children's education because their school has no ability to interact with a Spanish-speaking parent. Other times, individuals are turned away from medical treatment and told to return with their own interpreter," said the SPL Center website.
On average, according to a survey, foreign-born Latinos believe they and their children would benefit from learning English, voiding criticisms that Latino immigrants refuse to learn English because they don't want to assimilate. A more accurate assessment would be that learning English after a certain age is difficult, in general. And, it is difficult for Latino adults to spend time and energy learning a new language when a majority of their time is invested in providing for their families.
The lack of formal interpreters has been attributed to the difficulty of the "phenomenal" tests. Only 77 of 459 candidates passed the Federal Court Interpreter Certification Examination in 2007, and percentage of those who past has stayed relatively the same. The difficult exams test for the ability to interpret a number of languages - including Spanish and its many South American dialects.
The number of non-English-Spanish speakers grew 60 percent in six states between 1990 and 2000, according to census data, and has certainly grown since that was recorded.
The Federal US Court Government page indicates how crucial interpreters are to the judicial system, even though many courts continue to function without these assets.
"The use of competent federal court interpreters in proceedings involving speakers of languages other than English is critical to ensure that justice is carried out fairly for defendants and other stakeholders," said the United States Courts website.
Also, another first in Port Wentworth, Judge Cole selected African-American attorney Derek White to serve with him, stating, "My first decision as Chief Judge was to select Derek White as the Port Wentworth's Judge Pro-Tempore. Judge White is the first African-American Judge to serve in this city and I have been impressed with his knowledge of the law and his judicial demeanor."
According to the United States Census Bureau, the racial makeup of Port Wentworth as of 2009 was 73.8 percent White, 22.7 percent Black, 1.2 percent Asian, and 1.1 percent Hispanic. And, of total residents, 1.5 percent of the population speaks Spanish at home, and of all those individuals, only 15 percent of those individuals speak English "less than very well."
So, it speaks volumes that a community that lacks in a Hispanic population has still made an inclusive effort by placing a bilingual person in the Chief Judge position. This will mean that justice will be provided more evenly among those in the community who are non-English Spanish speakers.
The need for adequate Spanish-speaking interpreters and judges becomes even more pressing as non-English Spanish speaking Latinos encounter law enforcement agents in certain bigoted parts of the country, or as they are forced to defend themselves against the Immigration and Customs Enforcement department.
Failure to be provided with an interpreter or translator could mean that they are separated from their children, and reunited with economic crises that they faced in their home countries.
So, it could be suggest that if the exams for interpreting services are so difficult, then more money and time should be invested in preparing people for these exams, so that needy parties, Latinos and other non-English speakers, won't be persecuted simply because they do not have the language to say, "I'm not guilty." Or, more bilingual judges like Thomas L. Cole should be appointed.