Judiciary Law Section 391
Limited English proficient litigants’ data
1.For the purposes of this section, the following terms shall have the following meanings:
(a)“primary language” means the dominant language a litigant speaks in everyday situations, including but not limited to their home, work, school, and community environments;
(b)“limited English proficient (LEP) litigant” means a participant in a legal proceeding, whose limited ability to speak or understand the English language, has created a communications barrier to understanding his or her legal rights or impairs his or her ability to participate fully in court programs or services; and
(c)“language assistance services” means oral and written services needed to assist LEP litigants to communicate effectively with court personnel and to provide LEP litigants with meaningful access to, and an equal opportunity to participate fully in, court programs or services, so that LEP litigants are placed in the same position as similarly situated persons for whom there is no such barrier.
2.The office of court administration shall collect and maintain data on all limited English proficient litigants in all courts within this state; provided, however, that such data shall not be collected from those courts designated as town or village courts. At a minimum, the office of court administration shall collect and maintain data on the following:
(a)the number of limited English proficient litigants who are litigants in courts within this state, disaggregated by court and county, and the primary language of such litigants;
(b)the number of such limited English proficient litigants served, disaggregated by court and county, the type of language assistance services provided and the primary language of the litigant served; and
(c)the number of interpreter personnel employed by the courts, disaggregated by court and county and the language translated or interpreted by such personnel.
3.The office of court administration shall make the data required by this section publicly available on its website, provided, however, that such data shall not include identifying information and nothing in this section shall be construed to permit the office of court administration to use, disseminate, or publish any identifying information, including a litigant’s name, date of birth, social security number, docket number, or other unique identifier.
Section 391 — Limited English proficient litigants' data,
https://www.nysenate.gov/legislation/laws/JUD/391 (updated Jun. 12, 2020; accessed Nov. 25, 2023).