Rule 2.851. Language access services complaints

(a) Purpose The purpose of this rule is to ensure that each superior court makes available a form on which court users may submit a complaint about the provision of, or the failure to provide, language access and that each court has procedures for handling those complaints. Courts must implement this rule as soon as reasonably possible but no later than December 31, 2018.

(b) Complaint form and procedures required Each superior court must adopt a language access services complaint form and complaint procedures that are consistent with this rule.

(c) Minimum requirement for complaint form The language access services complaint form adopted by the court must meet the following minimum requirements:

(1) Be written in plain language;

(2) Allow court users to submit complaints about how the court provided or failed to provide language services;

(3) Allow court users to specify whether the complaint relates to court interpreters, other staff, or local translations;

(4) Include the court’s mailing address and an e-mail contact to show court users how they may submit a language access complaint;

(5) Be made available for free both in hard copy at the courthouse and online on the courts’ website, where court users can complete the form online and then submit to the court by hand, postal mail, or e-mail; and

(6) Be made available in the languages spoken by significant portions of the county population.

(d) General requirements for complaint procedures The complaint procedures adopted by the court must provide for the following:

(1) Submission and referral of local language access complaints

(A) Language access complaints may be submitted anonymously.

(B) Language access complaints may be submitted orally or in other written formats; however, use of the court’s local form is encouraged to ensure tracking and that complainants provide full information to the court.

(C) Language access complaints regarding local court services should be submitted to the court’s designated Language Access Representative.

(D) A complaint submitted to the improper entity must immediately be forwarded to the appropriate court, if that can be determined, or, where appropriate, to the Judicial Council.

(2) Acknowledgment of complaint

(3) Preliminary review and disposition of complaints

(4) Procedure for complaints not resolved through the preliminary review

(5) Notice of outcome

(6) Promptness

(7) Records of complaints

(8) Disagreement (Disputing) Notice of Outcome