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Advocates press Michigan Supreme Court to extend free foreign-language interpretation to civil cases
Summary
Michigan Legal Help and the Michigan Immigrant Rights Center urged the Court to expand the rule that eliminated interpreter fees in criminal cases to civil proceedings, citing due-process concerns for limited-English-proficiency litigants and noting more than 30 states already provide free civil interpreting.
Kim Kramer, an attorney with Michigan Legal Help, told the Court that meaningful participation in court should not depend on a litigant’s ability to pay for language access and urged extending the criminal-rule change to civil cases. Kramer said interpreter fees create unpredictable liabilities for self-represented litigants and undermine reliable records and enforceable orders.
Elizabeth Santana of the Michigan Immigrant Rights Center described seeing clients receive bills for interpretation without a prior ability-to-pay finding and called the existing rule’s inconsistent application ‘‘a real hardship’’ that discourages LEP individuals from engaging with the courts. Santana said administrative burdens of billing and disputes also weigh on overwhelmed court staff and noted that since the 2013 rule courts have seen language access improve overall efficiency and fairness.
Both advocates urged the Court to adopt the proposed revision to MCR 1.111 to provide free foreign-language interpretation in civil cases. The Court did not act during the hearing and will consider the public comments in its rulemaking record.
