USDOJ's August 16 2010 letter to state courts about Title VI compliance:
http://www.lep.gov/final_courts_ltr_081610.pdf

It is a very strong letter and provides important insight into DOJ's thinking about Title VI and language assistance. As with everything DOJ puts out, this letter should be viewed as instructive of how the feds will be dealing with Title VI compliance. As you know, federal law empowers DOJ to set Title VI policy for all federal agencies.

One of the letter's most significant admonitions follows:
"DOJ acknowledges that it takes time to create systems that ensure competent interpretation in all court proceedings and to build a qualified interpreter corps. Yet nearly a decade has passed since the issuance of Executive Order 13166 and publication of initial general guidance clarifying language access requirements for recipients. Reasonable efforts by now should have resulted in significant and continuing improvements for all recipients. With this passage of time, the need to show progress in providing all LEP persons with meaningful access has increased. DOJ expects that courts that have done well will continue to make progress toward full compliance in policy and practice. At the same time, we expect that court recipients that are furthest behind will take significant steps in order to move promptly toward compliance."

The message is clear - The time is NOW for Title VI compliance. DOJ will likely no longer be as tolerant of non-compliance as previously.

Bruce L. Adelson, Esq. - Federal Compliance Consulting LLC - 11808 Becket Street Potomac, MD 20854 - 301-762-5272 & 240-536-9192 fax