IAALS Launches Allied Legal Professionals in an Effort to Increase Access to Quality Legal Services and Help Reduce Barriers to Representation

IAALS, the Institute for the Advancement of the American Legal System at the University of Denver, announced today that it is launching Allied Legal Professionals. With generous support from the Sturm Family Foundation, this project seeks to help standardize a new tier of legal professionals nationally—to increase the options for accessible and affordable legal help for the public.  

Up and down the income scale, the legal needs of people in this country are going unmet. The inability to afford a lawyer, among other factors, has led to ballooning rates of self-representation in our justice system, with over 70 percent of civil and family cases including a party without a lawyer. People in these situations are not only facing life-altering challenges such as child custody hearings or landlord/tenant issues alone—they also face disproportionately bad outcomes in their cases. 

Allied legal professionals hold a key to bringing more accessible and affordable legal help where it is needed most. Like data we have on nurse practitioners, research on allied legal professionals is beginning to show great potential for excellent public service. While this new tier of providers is a fairly nascent development, these programs are spreading quickly across the country. The limited research we have shows that these licensed and regulated professionals—who are not lawyers—can nevertheless represent clients as well as or better than lawyers in the limited matters they handle.

IAALS’ Allied Legal Professionals project will establish national best-practice thinking around allied legal professional programs by:

  • Analyzing existing and proposed programs, the limited empirical research available, and similar experiences and programs from other countries and other professions (like nurse practitioners);
  • Creating a framework for evaluating the relative advantages and challenges in the different models that exist;
  • Convening diverse leaders and stakeholders to review the data and experiences, and establish recommendations and best practices; and
  • Building a model for states to follow when considering and establishing allied legal professional programs in the future.

To read the full report from IAALS, please visit: IAALS Launches Allied Legal Professionals in an Effort to Increase Access to Quality Legal Services and Help Reduce Barriers to Representation | IAALS

District of Columbia Courts – Language Access Project

The State Justice Institute awarded a key grant to the District of Columbia Courts’ Office of Court Interpreting Services to launch the Courts’ Interpreter Registry and the first-ever Amharic Court Interpreter Certification Examination.  These initiatives demonstrate the Courts’ commitment to increase access for Limited English Proficient (LEP) and deaf or hard-of-hearing individuals to the judicial process and court services.


Interpreter Registry Demonstrates Quality and Excellence

The D.C. Courts Interpreter Registry launched on October 1, 2019.  It is a formal court interpreter testing and training program designed to improve the quality of interpretation services at the Court by standardizing interpreter testing, training, responsibilities, and scheduling.  

The registry includes over 160 freelance interpreters who typically provide interpretation services in over 40 spoken languages and American Sign Language in any given year. The Office of Court Interpreting Services (OCIS) manages the registry and coordinates the activities of the freelance interpreters, along with a federally certified Spanish staff interpreter and a nationally certified ASL staff interpreter to fulfill the Courts’ daily need for interpreters.   

Interpreter Services by the Numbers

In calendar year 2019, the Courts provided 8,162 spoken and sign language interpreters for 6,506 court events and services. In 2020 and 2021—the COVID-19 public health emergency years—cases decreased dramatically. However, 2022 sees a significant uptick in activity. The most frequent language requests for court interpreters are:

  • Spanish – 70%
  • ASL – 9%
  • Amharic – 8%

Interpreters assist in-person and online due to the increasing number of ways the Courts now deliver their services and manage hearings.

New Exam Signals Inclusion of Amharic Speakers

All Spanish and ASL interpreters on the Interpreter Registry are certified.  The Courts have approximately nine Amharic interpreters who are qualified to provide interpreting services. None, however, are certified because, before the development of the Amharic Court Interpreter Certification exam in 2021, there was no certification standard that existed for the language.  It was essential to develop an Amharic court interpreter certification examination to provide the Courts’ third most requested language interpreters a path towards certification.  A certification exam ensures the Courts provide the best possible service to our growing Amharic-speaking public, and establishes a standard of excellence for Amharic interpreters consistent with those set by the National Center for State Courts (NCSC) and other interpreter testing authorities.

The Courts contracted the NCSC to design all the sections of the comprehensive court interpreter certification exam. The NCSC also developed an Amharic legal glossary and recruited Amharic subject matter experts to rate the exam. The exam took approximately one year to develop and was first offered in June 2021. The Courts plan to give the next exam in June 2022.

To support the Amharic interpreters’ path toward certification, the OCIS developed an Amharic skills building workshop. The workshop provides the interpreters with instruction, materials, and practice exercises, and helps deepen their understanding of interpretation methodology, hone their court interpreting skills, and discuss legal terminology and concepts. The annual workshop will help the interpreters better prepare for the certification exam and improve their overall skills.

New Exam’s Nationwide Impact

The Courts donated the exam to the NCSC to make the exam available for use across the country. The Amharic-speaking Ethiopian diaspora is not limited to the District of Columbia—large populations in California, Minnesota, New York, and other areas of the country also speak Amharic.

The exam establishes a standard of excellence in Amharic court interpretation, creates a path toward certification for Amharic interpreters, and assures the public and the Courts throughout the country that the Amharic interpreters working for the Courts are qualified to do so.

Mr. Hailu Gtsadek, Amharic interpreter and translator and owner of African Translation LLC, best describes the importance of the exam development effort:

“I am expressing my heartfelt appreciation for your dedication and hard work in organizing this Skills Building Workshop and creating a path to certification for practicing and aspiring Amharic interpreters … It is my understanding that no institution offers formal translation and interpretation training on both sides of the Atlantic in Amharic language. This makes your office a trail blazer in training and certifying Amharic interpreters …  The Amharic interpreters of the past, along with me, praise you and honor you for elevating Amharic interpretation as a profession.”

Language Access is Access to Justice

The District of Columbia Courts have always dedicated many resources to ensure that professional interpretation and translation services are available to LEP and deaf or hard-of-hearing individuals at the Courts. Understanding and addressing the diversity of our metropolitan area speaks to who we are as a court system – and thanks to the crucial support of SJI, we’re able to continue to do so with innovative efforts like these.

Our promise to deliver language access is proof of our commitment to our vision: Open to All, Trusted by All, Justice for All.

NAPCO Monograph: “Presiding Judges and Court Executive Officer Governance and Leadership Principles, Roles and Responsibilities”

The National Association for Presiding Judges and Court Executive Officers (NAPCO) has developed a monograph, funded by SJI, for use as a guide in structuring modern-day activities and functions for governing and leading state and local trial courts regardless of size or jurisdiction.  It outlines the basic duties each of the court’s top court leaders  – the presiding or chief judge, and the court executive officer or court administrator – are expected to perform, the competencies required to do a good job, and the relationships that they must nurture with each other and other justice system stakeholders to be successful.

Read the full article here: A Monograph: Presiding Judge and Court Executive Officer Trial Court Governance and Leadership Principles, Roles and Responsibilities – National Association for Presiding Judges and Court Executive Officers (napco4courtleaders.org)

The Paths to Racial Justice: Our Civil System Must Acknowledge Shortcomings and Take Concrete Action

The Institute for the Advancement of the American Legal System (IAALS) held its final two Paths to Justice events which focused on racial justice by bringing together diverse perspectives to engage in a dialogue around inequities in the civil justice system, and how it relates to public trust and confidence. IAALS has published two issue papers highlighting outcomes and key takeaways.

Read the full article here: The Paths to Racial Justice: Our Civil System Must Acknowledge Shortcomings and Take Concrete Action | IAALS (du.edu)

New Report: “The Use of Remote Hearings in Texas State Courts: The Impact on Judicial Workload”

This newly released report is the first national review of data that confirms what judges have anecdotally shared about remote hearings before and during the pandemic. The 12-month study analyzed both 1.25 million minutes of judicial data and focus group feedback from judges and court leaders in eight counties across Texas. The NCSC study, supported with generous funding from the State Justice Institute, found that remote proceedings take about a third longer than in-person hearings largely due to technology-related issues and lack of preparation by participants. But the study also found that remote proceedings take longer because they increase access to justice, as litigants can more easily attend and participate in hearings. To access the full report, click here.

Learn more about the findings and recommendations of this State Justice Institute funded study here.

New Rural Justice Survey- Let Your Voice Be Heard

On behalf of the Rural Justice Collaborative (RJC), we invite you to complete the questionnaire below to inform the development of a Rural Justice Roadmap. This initiative is part of the RJC’s 2022-2023 priorities as outlined here and will communicate the funding, training, technical assistance, and research needs of rural justice and public safety practitioners.

The questionnaire is designed to collect information from rural justice and public safety practitioners (e.g., judges, law enforcement, pretrial and probation officers, corrections, prosecutors, defense attorneys), rural justice and public safety partners (e.g., substance use treatment providers, public health staff, child welfare staff), and rural project coordinators managing cross-sector projects.

The RJC is partnering with the Institute for Intergovernmental Research (IIR) and RTI International to develop the Rural Justice Roadmap. IIR and RTI International support the Rural Responses to the Opioid Epidemic initiative sponsored by the Bureau of Justice Assistance’s (BJA) Comprehensive Opioid, Stimulant, and Substance Abuse Program. This initiative receives funding and other support from the Centers for Disease Control and Prevention (CDC) and the State Justice Institute (SJI).

The questionnaire should take no more than 10 minutes to complete. The deadline to complete the survey is April 1st, 2022.

Access the survey here: Needs Assessment to Inform a Rural Justice Roadmap Survey (surveymonkey.com)

National Association for Court Management Announces Adult Guardianship Guide Update

The National Association for Court Management (NACM) Adult Guardianship Guide is an essential resource to assist courts in planning, developing, and sustaining a comprehensive court guardianship and conservatorship program. The update to the Adult Guardianship Guide emphasizes the recent recommendations from the State Justice Institute (SJI) and Borchard Foundation grant-supported Fourth National Guardianship Summit. It promotes person-centered planning and the least restrictive options necessary for persons who are unable to fully care for themselves. It identifies provisions within the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA) and highlights advancements in court programs and initiatives which enhance existing guardianship practices. The updated Adult Guardianship Guide is publicly available through NACM, and is accessible here.

New Report Identifies 277 Federal Laws That Obligate State Courts

A newly released report from National Center for State Courts, supported with funding from State Justice Institute, adds a new number of considerable interest to state courts: 277. That’s the number of provisions in the U.S. Code – the body of laws adopted by the United States Congress – that ask state courts to take specific action (or to not take actions) with respect to federal matters.

Read the full report: The-Role-of-State-Courts-in-our-Federal-System.pdf (ncsc.org).

Arizona Superior Court in Pima County – Convert Court-led Live and In-person Training to On-Demand Training

In November 2020, the Family Center of the Conciliation Court (FCCC) within the Arizona Superior Court in Pima County, was awarded a Pandemic Response and Recovery grant from the State Justice Institute (SJI) to implement the Court’s vision of converting what was an employee-led, in-person parent education course to an on-demand, online, and self-paced e-Learning program. Grant funds were used to design, launch, and evaluate the e-Learning program and the process used to convert the course from an in-person format to an on-demand, virtual platform. In addition, doing so would enhance access and convenience to parents in the long-term, post pandemic. The Court also anticipated cost savings, gaining efficiencies, and building internal capacity (e.g., to convert other curricula to virtual, self-paced formats) as a result of this project.

FCCC began providing the state mandated Domestic Relations Education on Children’s Issues Course (A.R.S. §25-351), Microsoft Word – 2012-08.doc (azcourts.gov), known more commonly as the Parent Education Program, in house as of July 2007. Parent Education (pima.gov). The course is required for all parents going through a legal separation, divorce or paternity action who have minor children. Pre-COVID-19 pandemic, Parent Education classes were delivered in both English and Spanish by FCCC staff during the week, some evenings, and on weekends. More than 3,700 parents annually participated in these in-person classes.

In March 2020, mandatory parent education classes offered by the FCCC were suspended due to the coronavirus pandemic.  This disruption gridlocked Family Law calendars because, pursuant to Arizona statute, parties involved in domestic relations cases are required to complete parent education training before legal processes can advance. Though course delivery was re-instated in July 2020 using Microsoft Teams, access limitations remained, resulting in continued domestic relations case backlog.

An interdisciplinary committee of Superior Court staff was involved in the design, development, and pilot implementation with the support of the Arizona Administrative Office of the Courts (AOC). The Court and PRAXIS/Dr. Brenda Wagenknecht-Ivey collaborated on the project with PRAXIS taking the lead on the evaluation. At the inception of the pilot, one hundred and sixty-nine parents enrolled in the on-demand course between August 12th – October 14th, 2021.  They comprised the pilot population; their responses to the end-of-course evaluation were used in this evaluation.

Superior Courts in Arizona use a standard set of questions developed by the Administrative Office of the Courts (AOC) to assess the quality and effectiveness of parent education programs presented across the state, pursuant to Arizona Revised Statutes and the Arizona Code of Judicial Administration. A few additional questions were added to the evaluation for purposes of this project and the pilot.  They included:

  • Convenience of completing the online, e-Learning parenting class.
  • Ease of logging in to and navigating the e-Learning parenting modules.
  • Efficiency of completing the Court mandated requirement through the e-Learning parenting class.
  • Likelihood of recommending the e-Learning parenting course to a friend or colleague who also is required to complete the course.

Experience of Parents – Detailed Results

Parents who opted into the pilot and completed the e-Learning course overwhelmingly rated their experiences positively.

  • Relevance: 87% agreed that the class material was relevant to their personal situation
  • Easy to Understand: 96% agreed that the class materials were presented in a manner that was easy to understand
  • Convenience: 95% agreed they were able to complete the class modules at times that were convenient for them
  • Easy to navigate: 86% agreed it was easy to log-in/ navigate through the e-Learning modules
  • Efficiency: 95% agreed the e-Learning class was an efficient way to complete the Court mandated requirements
  • Key Finding: Parents were very satisfied with their experience, and most are extremely likely to recommend the e-Learning course to others.

All parents who completed the on-demand E-Learning parenting class were required to complete the course evaluation before receiving a Certificate of Completion.  The course evaluation was built into the on-line program and parents were automatically directed to the evaluation questions upon successfully passing the end-of-course quiz (with 80% accuracy). 

In addition to the above, in October 2021, Dr. Joi Hollis, FCCC Director, and committee co-chair, shared progress and demonstrated the e-Learning course to Arizona (AOC) staff, judicial officers, court administrators and Conciliation Court directors across Arizona. The presentations and updates to multiple audiences generated considerable interest in this project, with many other Arizona Courts expressing an interest in making it available to their court users. The Court is now working with the AOC as it plans to expand the e-Learning program to counties across Arizona and invest in developing a Spanish-speaking version. 

As of February 2022, with the pilot now complete, the on-line version of the parent education program remains in high demand and has over 900 registrants since its inception in August 2021. For additional questions regarding the evaluation results, contact PRAXIS Consulting/Dr. Brenda Wagenknecht-Ivey at bwagen@praxisconsulting.org