§ 391 — Limited English proficient litigants' data

§ 391. Limited English proficient litigants' data. 1. For the purposes\nof this section, the following terms shall have the following meanings:\n (a) "primary language" means the dominant language a litigant speaks\nin everyday situations, including but not limited to their home, work,\nschool, and community environments;\n (b) "limited English proficient (LEP) litigant" means a participant in\na legal proceeding, whose limited ability to speak or understand the\nEnglish language, has created a communications barrier to understanding\nhis or her legal rights or impairs his or her ability to participate\nfully in court programs or services; and\n (c) "language assistance services" means oral and written services\nneeded to assist LEP litigants to communicate effectively with court\npersonnel and to provide LEP litigants with meaningful access to, and an\nequal opportunity to participate fully in, court programs or services,\nso that LEP litigants are placed in the same position as similarly\nsituated persons for whom there is no such barrier.\n 2. The office of court administration shall collect and maintain data\non all limited English proficient litigants in all courts within this\nstate; provided, however, that such data shall not be collected from\nthose courts designated as town or village courts. At a minimum, the\noffice of court administration shall collect and maintain data on the\nfollowing:\n (a) the number of limited English proficient litigants who are\nlitigants in courts within this state, disaggregated by court and\ncounty, and the primary language of such litigants;\n (b) the number of such limited English proficient litigants served,\ndisaggregated by court and county, the type of language assistance\nservices provided and the primary language of the litigant served; and\n (c) the number of interpreter personnel employed by the courts,\ndisaggregated by court and county and the language translated or\ninterpreted by such personnel.\n 3. The office of court administration shall make the data required by\nthis section publicly available on its website, provided, however, that\nsuch data shall not include identifying information and nothing in this\nsection shall be construed to permit the office of court administration\nto use, disseminate, or publish any identifying information, including a\nlitigant's name, date of birth, social security number, docket number,\nor other unique identifier.\n