Latino and Hispanic Youth in the Juvenile Justice System

youth as early as possible and prior to any court appearances and assess his or her ability to
communicate in English. 29 If there is difficulty determining if an interpreter is needed, ask
the youth to restate simple biographical information in order to assess his or her English
proficiency. 30 Also, consider utilizing an English proficiency questionnaire similar to the
questionnaire created by Washoe County Juvenile Services “Limited English Proficiency
Questionnaire” to assist with making a final determination. 31
• If all that is communicated in English is not fully understood by the youth, counsel
should utilize the services of a state or federally certified court interpreter to ensure the
interpreter has proven language and interpreting skills proficiency. 32 Defense counsel
should be aware that only interpreters from the Administrative Office of the Courts
(AOC) Spanish Foreign Language Registry, preferably a Level A (certified) court
interpreter are eligible to provide interpreting services in juvenile matters at state
expense. 33 Defense counsel should contact interpreters to arrange for out of court
meetings with their clients. 34
• There should not be any communication directly between the juvenile and the interpreter
except for the interpreter to evaluate whether the youth has any speech impairment that
would affect the interpreter's ability to understand and interpret for the youth, and to
ensure the language is indeed Spanish rather than an indigenous language of the youth's
country of origin. 35 Once it has been established that the interpreter and youth can
understand each other, there should be no direct communication between the youth and
the interpreter. 36 If defense counsel observes any such communication, he or she should
ensure that communication is ceased. 37
29 Deborah M. Weissman, Between Principles and Practice: The Need for Certified Court Interpreters in North
Carolina, 78 N.C.L. Rev. 1899, 1958 (2000).
30 Id. at 1961.
31 MARIA F. RAMIU AND DANA SHOENBERG, DMC TECHNICAL ASSISTANCE MANUAL, CHAPTER 7: STRATEGIES
FOR SERVING HISPANIC YOUTH (4 TH ED.), available at http://www.ncjrs.gov/html/ojjdp/dmc_ta_manual/dmcch7.pdf
(last visited November 23, 2011). See Appendix in this guide for a copy of the questionnaire utilized in Washoe
County.
32 See Deborah M. Weissman , supra note 29, at 1958. Email from Brooke Bogue, North Carolina Administrative
Office of the Courts, Court Programs and Management Services, Interpreting Services Program Manager, to Brandi
Clemmons, Assistant Juvenile Defender, Office of the Juvenile Defender, November 21, 2011, (on file with the
Office of the Juvenile Defender). See NORTH CAROLINA ADMINISTRATIVE OFFICE OF THE COURTS, POLICIES AND
BEST PRACTICES FOR THE USE OF FOREIGN LANGUAGE INTERPRETING SERVICES IN THE NORTH CAROLINA SYSTEM,
8 (2007), available at http://www.nccourts.org/Citizens/CPrograms/Foreign/Documents/guidelines.pdf (last visited
November 23, 2011). See NC ADMINISTRATIVE OFFICE OF THE COURTS, THE SPANISH FOREIGN LANGUAGE
REGISTRY, available at
http://www.nccourts.org/Citizens/CPrograms/Foreign/Documents/SpanishForeignLanguageRegistry.pdf (last visited
November 23, 2011). The Registry is updated monthly and listed by district to allow attorneys to choose an
interpreter with the highest proficiency level and within the closest proximity.
33 See NORTH CAROLINA ADMINISTRATIVE OFFICE OF THE COURTS, THE SPANISH FOREIGN LANGUAGE REGISTRY,
supra note 32.
34 NORTH CAROLINA ADMINISTRATIVE OFFICE OF THE COURTS, POLICIES AND BEST PRACTICES FOR THE USE OF
FOREIGN LANGUAGE INTERPRETING SERVICES IN THE NORTH CAROLINA SYSTEM, supra note 32, at 16.
35 Id. at 18.
36 Id. at 13, 18.
37 Id. at 18.
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