U.S. Attorney’s Office and Department of Justice’s Civil Rights Division Reach Agreement with New Jersey Judiciary to Resolve Language Access and Retaliation Investigation

NEWARK - The U.S. Attorney's Office for the District of New Jersey and the Department of Justice's Civil Rights Division, together with the New Jersey Judiciary, have reached agreement to improve access to court services for people with limited English proficiency (LEP).

This agreement resolves an investigation by the U.S. Attorney's Office for the District of New Jersey and the Justice Department's Civil Rights Division and into allegations that Monmouth Vicinage Courts (MVC), part of the New Jersey Judiciary, discriminated against court users with LEP based on their national origin and retaliated against a court employee who complained to the department about this alleged discrimination, in violation of Title VI of the Civil Rights Act of 1964 (Title VI).

"Dispensing justice fairly and equitably is a cornerstone of our democratic system. We remain committed to ensuring that all litigants in New Jersey have equal access to New Jersey's court system regardless of language barriers. This agreement will ensure that limited English court users will have equal access to the New Jersey state courts in Monmouth County."

"People with limited English proficiency can lose their children, homes and fundamental rights when they face language barriers in our court systems," said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. "The Civil Rights Division will continue fighting to ensure that courts remove language barriers for the public."

Title VI prohibits race, color or national origin discrimination by recipients of federal financial assistance, such as the New Jersey Judiciary. This investigation uncovered language barriers that impeded access to the court system for people with LEP. These barriers included refusing to provide an interpreter for assistance with forms, failing to translate or explain vital documents to court users with LEP and failing to adequately inform staff of language access policies and procedures.

Under the agreement, the New Jersey Judiciary will translate vital court forms and materials and make them available for distribution at courthouses. The New Jersey Judiciary will also review its language access plan over the next year, develop mandatory language access training for its courts, provide Title VI retaliation training and issue public notices that explain the Title VI nonretaliation policy and Title VI complaint process in non-English languages. The U.S. Attorney's Office and the Department of Justice's Civil Rights Division will monitor these and other requirements for two years. The New Jersey Judiciary also agreed to pay damages in the amount of $89,718 to the individual who alleged retaliation.

The enforcement of Title VI is a top priority of the U.S. Attorney's Office for the District of New Jersey and the Department of Justice's Civil Rights Division, and both are committed to ensuring that individuals can complain or cooperate with investigations free from retaliation. Additional information about civil rights enforcement at the U.S. Attorney's Office for the District of New Jersey, including the Office's Civil Rights Division, is available at www.justice.gov/usao-nj/civil-rights-enforcement.

Additional information about the Department of Justice's Civil Rights Division is available on its website at www.justice.gov/crt, and information about limited English proficiency and Title VI is available at www.lep.gov. The Department of Justice's Civil Rights Division provides information about courts language access at www.lep.gov/state-courts. Members of the public may report possible civil rights violations at civilrights.justice.gov/report/.

The government is represented by Assistant U.S. Attorney Kelly Horan Florio, Senior Civil Rights Counsel in the U.S. Attorney's Office's Civil Rights Division, and Attorney Advisor Linda Quash, U.S. Department of Justice, Civil Rights Division, Federal Coordination and Compliance Section.

Spanish translation:

https://www.justice.gov/es/opa/pr/el-departamento-de-justicia-llega-un-acuerdo-con-la-judicatura-de-nueva-jersey-para-resolver