Hello, and welcome to the overview of the California Courts. This module is part of a training series for ASL, hearing, and deaf interpreters working in the California Courts. This module will provide an overview of the California Courts, the Judicial Branch, and the 58 Superior Courts that are located throughout the state of California. You will learn about different case types that you may encounter in your work, including criminal, civil, family law, and juvenile case types. You will also learn about the variety of settings that you may work in. Settings include courtrooms, clerks' offices, self-help centers, law libraries, and mediation sessions. This module also contains information about criminal and civil case procedures. This is how cases move through the court system. Finally, this module will provide resources that you can use to gain a deeper understanding of the material that we cover. Resources include links for information about case types and legal processes, Judicial Council of California resources for court interpreters, the Online Court Interpreter Orientation Program, Live Virtual Ethics Courses, and more. Let's get started. The California Court System has three levels of courts. Trial Courts, also called Superior Courts, Courts of Appeal, that is distributed into six districts, and the Supreme Court of California. This training will focus on the state's Superior Courts where you may work as an interpreter. There are 58 counties in California, and each one has a Superior Court. Superior Courts are the state's trial courts. In some counties, the Superior Court is located in one building. In others, Superior Court functions take place in multiple locations. There are Superior Courts in urban and rural communities. Some Superior Courts are large, and others are small. Superior Courts hear all kinds of different cases, from civil matters, like a contract case, to criminal matters. Common civil case types include family law matters, such as divorce or child custody, probate matters, like administering a person's estate after they die, and juvenile court, which handles a wide variety of court matters that involve children. We will talk more about the kind of cases that California courts hear later in this module. The Judicial Council is the policymaking body of California courts, the largest court system in the nation. Under the leadership of Chief Justice, the Judicial Council is responsible for ensuring the consistent, independent, impartial, and accessible administration of justice. The Judicial Council's Court Interpreters Program, sometimes called CIP, develops programs and practices that enhance the quality of interpretation and increase the availability of qualified interpreters in the courts. CIP also administers the spoken language examinations for court interpreters, maintains an interpreter registry, monitors interpreter renewal and compliance, and provides educational resources for aspiring and credentialed interpreters. See the complementary document of resources for this module for more information on CIP. Each Superior Court also has a Language Access Representative, called an LAR. The LAR supports language access services in the court. The LAR, as well as the Court Interpreter Coordinators in many courts, will assist with court interpreter services and interpreter assignments. Communication is a crucial piece of ensuring equal access to justice for all in the California courts. Access to the courts is critical to ensuring public trust and confidence in the judiciary and for supporting the legitimacy of our justice system. One of the most important things that courts can do is to ensure clear and effective communications for all court users. Language access and language resources are essential to ensuring all individuals can participate in court proceedings, programs, and services. And court interpreters are central to this mission. California is the country's most populous and diverse state. More than 200 languages and dialects are spoken in California courts. And approximately 20% of all Californians, nearly seven million individuals, are limited English proficient, or LEP. This means they speak English less than very well. Or they may have a limited ability to read, write, speak, or understand English. As such, there is a high demand for interpreter services in California. According to the California's Language Need and Interpreter Use Study Report, the top three most commonly interpreted languages during the study period were Spanish, Vietnamese, and American Sign Language. This illustrates the high demand for ASL throughout the courts statewide. To learn more about California's language demand, see the link for the Language Need and Interpreter Use report in your complimentary resource. California also has a strategic plan for language access in the courts, which outlines the state's commitment to providing court interpretation and language access services throughout all courts. Strategic goals include identifying language needs early, collecting data on language needs, providing qualified language access services in all judicial proceedings, providing language access services at all points of contact outside of judicial proceedings, providing high-quality multilingual translations and signage, and recruiting and training high-quality language access providers. The Americans with Disabilities Act, or ADA, requires covered entities, including courts, to meet the needs of deaf and hard-of-hearing persons by providing for effective communication throughout all parts of the court processes. California law also requires a sign language interpreter where a deaf, deaf-blind, deaf-disabled, hard-of-hearing, late-deafened party, or witness is present and participating in court proceedings. For more information, you can refer to every state's Department of Justice website for more information on the Department of Justice. Evidence code 754B of the California law. Now, let's talk a little more in detail about where ASL interpreters may work in courts. In accordance with the ADA, ASL interpreters can and do work in all areas of the California courts. They work in civil court, criminal court, family court, probate court, and juvenile court. They interpret during trials and hearings. As we noted earlier in this module, ASL interpreters are also used outside of the courtroom in other areas of the court, like in a self-help center, at the clerk's office when a court user needs help at the counter, and in offices and conference rooms used by court programs. Such as mediation or mandatory classes offered by the court as part of a court process. Interpreters may also be used for other court services offered by the court. Interpreters can also facilitate communication with the court in the courtroom. Interpreters can also facilitate communication between attorneys and clients in the hallway outside of a courtroom and can assist court users at payment windows. ASL interpreters are used for all different kinds of court users from litigants to witnesses to attorneys and other parties with significant interest in the case, which may include deaf or hard-of-hearing parents or custodians of a juvenile involved in a court case. They may also interpret for court users representing themselves without a lawyer. Additionally, ASL interpreters may interpret for deaf or hard-of-hearing jurors. Other modules in this training will provide more specific information about the role of a court interpreter when interpreting for members of a jury. Now, let's look at an overview of criminal and civil courts. That is where many ASL interpreters will work. The following overview is to provide general information on criminal and civil court proceedings. Additional information and resources may be found in the complementary documents that come with this training. You should review all provided resources for more detail. First, let's look at criminal cases. There are three types of criminal cases in California. Infractions, misdemeanors, and felonies. Infractions are minor. An example of an infraction is a traffic violation like speeding. Misdemeanors are more serious. The maximum punishment for a misdemeanor case is one year in county jail and or a fine of $1,000. Felonies are the most serious type of crime. A person found guilty of a felony may go to jail or prison for a year or more. Or even face life in prison. In a criminal case, the party facing charges is called the defendant. Defendants facing felony, misdemeanor, and some infraction cases are entitled to a lawyer to represent them if they can't afford one. This is called a right to counsel. Most criminal cases follow a similar basic path. First, there's an arrest. After the arrest, the defendant may be released if the prosecutor declines to press charges. They might post bail or they may stay in jail until they go to a type of court hearing called an arraignment. The police will write up a report which goes to the prosecutor. The prosecutor reviews the report and decides whether to file charges. And if so, which charges to file. The prosecutor also decides whether to charge the case as a misdemeanor or a felony, depending on the facts. The arraignment is the first time a defendant appears in court. At the arraignment, three things will happen. First, the judge tells the defendant what the charges are and what their constitutional rights are. Second, the defendant may enter a plea. Common pleas are guilty, not guilty, and no contest. No contest means that the defendant does not disagree with the charge and has the same impact as a guilty plea. But it usually may not be used against the defendant in a civil lawsuit. Third, the judge makes a decision about bail. Bail is money or property that the defendant offers as a promise to return to court for future dates. The judge may release the defendant, set bail, and send the defendant back to jail until bail is posted. Or, refuse to set bail and send the defendant back to jail. After the arraignment, but before trial, the prosecutor and the defense exchange information about the case. This is called discovery. Sometimes, parties file motions. A motion is a request to the court to take some action. Common motions include a motion or a request to dismiss the case or a motion to limit certain evidence from being used in trial. Sometimes, the defendant changes their plea. And sometimes, the judge and lawyers from both sides discuss how the case may be resolved without a trial. If the case cannot be resolved, the case moves to trial. Before trial begins, the defendant must decide if they want a court trial or a jury trial. A court trial is where the judge decides if the defendant is guilty or not guilty. In a jury trial, a group of peers decides. Defendants are entitled to a jury trial in criminal cases. The process for choosing a jury is called voir dire. During this process, attorneys on both sides ask questions of the potential jurors to make sure that they can be fair and impartial in deciding the case. Everyone who is accused of a crime is legally presumed to be innocent until they are convinced. This can be done by either pleading guilty before trial or being proved guilty at a trial. It is the prosecutor's job to convince the judge or jury that the defendant is guilty. The prosecutor must prove guilty beyond any reasonable doubt. This means that the judge or jury are very sure that the defendant committed the crime. At the trial, the prosecutor and defense lawyer are each allowed to give opening statements. Then, both sides may present evidence and call witnesses to testify about what they know or saw. After the evidence is presented, each lawyer may give closing arguments. Then, the judge or jury considers the evidence, witnesses, and arguments made by both sides and decide the outcome of the case. An acquittal is when the defendant is found not guilty. If the defendant is found guilty, the case moves to sentencing. At sentencing hearing, the judge decides what penalties the defendant will face. Common penalties include jail or prison time or a monetary fine. If the defendant disagrees with the decision of the judge or jury, they may appeal or file a request for a new trial. Now, let's focus on civil cases. A civil case usually involves a disagreement between two private parties, individuals or businesses. Unlike in criminal cases, parties in most civil matters are not entitled to a lawyer to represent them if they can't afford it. There are many kinds of civil case types. Most civil cases involve disputes over money, contract disagreements, or damage to property or someone getting hurt. In a small claims case, the plaintiff or the person who brings the case sues for money. The amount they claim must be $10,000 or less, and neither side may have a lawyer. Family law cases like divorce, child custody, and child support are also in civil matters. Eviction, probate cases, and name change matters are civil too. Juvenile cases involve children who have broken the law or have been removed from the care of their parents. Most civil cases follow a similar path. The plaintiff starts the case by filing a complaint. Next, the person responding to the case, called the respondent, files an answer. There is a pretrial period where the parties prepare for trial. They may do discovery, where parties ask questions and exchange information about the case. Parties may file pretrial motions or requests asking the court to take certain actions, including limiting certain evidence or even deciding the outcome of the case before a trial. There may also be hearings where the parties meet to discuss a settlement with the judge. Sometimes, interpreters interpret for litigants as part of an Alternative Dispute Resolution process. Alternative Dispute Resolutions, sometimes called ADR, helps parties resolve cases outside of the courts. Examples of ADR include mediation, arbitration, neutral evaluation, and settlement conferences. There are many benefits to ADR, including a process that is less formal, less expensive, and less time-consuming than going through a trial. If the case cannot be resolved, it moves to a trial. Civil cases might be decided by a judge, a commissioner, or a jury. In many civil cases, the plaintiff must prove their case by the preponderance of the evidence. This means that the winning side's evidence is more believable than the other side's evidence. In other cases, the standard for reaching a decision is a little higher. Clear and convincing evidence means that the winning side's evidence is highly likely. You should know that civil standards of proof are not as strong as beyond and reasonable doubt, the standard in criminal cases. Like in criminal trial, each side may give opening statements. Then, both sides may present evidence and call witnesses to testify about what they know or saw. After the evidence is presented, each lawyer may give closing arguments. Then, the judge or jury considers the evidence, witnesses, and arguments made by both sides and decides the outcome of the case. The judge or jury may rule in favor of the plaintiff or the defendant. If the court enters a judgment for money, there are certain court processes that can be used for collection, including wage garnishment, collecting money from a bank account, or putting a lien on property to collect. After trial, the parties may appeal or file certain post-judgment motions. Post-judgment motions are requests to the court after the trial is over. Examples include a motion for a new trial or a motion to vacate or undo the judgment. Civil cases often include self-represented litigants. A self-represented litigant does not have a lawyer representing them. They are sometimes called pro se or pro per. We will talk more about interpreting for self-represented litigants in other modules. Thank you for taking the time to watch this module, providing an overview of the California Courts. In addition to the content covered in this module, make sure to review the resources provided and the complementary materials.

California Courts

ASL interpreters

Superior Courts

criminal cases

civil cases

language access

interpreter role