Interpreters in the Courts, or Do you Speak Q’anjob’al?

Immigration Law Resource Month at the Harris County Law Library runs through the end of September. Until then, we will highlight immigration stories, issues, trends, and developments in the law. The lack of qualified interpreters in U.S. Courts is one such topic, which we address briefly in today's post. 

In recent weeks, several news outlets have reported on the growing need for qualified interpreters in U.S. Courts. Throughout the justice system, the shortage of those who are fluent in a second language is a problem of increasing concern. It is also a matter of equal rights, as those with Limited English Proficiency cannot engage with the legal system on an even footing. The consequences can be dire: a simple traffic offense may be misconstrued as a rape charge; an asylum-seeker facing death threats in her native Guatemala may be deported; or the misunderstanding of one’s Miranda rights may lead to self-incrimination and a denial of justice. 

The United States is one of the largest Spanish-speaking countries in the world, second only to Mexico, so the need for Spanish-language interpreters is especially great. In border states, which are common points of entry for immigrants from Central America, officials have identified another trend -- increasing numbers of immigrants who speak languages indigenous to their countries of origin. In many cases, finding translators for the regional languages of Guatemala, Honduras, and El Salvador is next to impossible, and justice cannot be served.

In 2014, Immigration and Customs Enforcement published a Language Access Plan, stating its commitment to serve individuals with Limited English Proficiency. Recognizing the need for interpreters who speak indigenous languages is a positive step, but actually locating third-party translators for these languages is a challenge they are still trying to meet. 

ABA President-Elect Embraces Legal Tech and Promotes Access to Justice

At the annual meeting of the American Bar Association, held earlier this month in San Francisco, Hilarie Bass was selected to serve as president-elect. She will take the helm of the organization in 2017 and intends to focus on two major issues -- closing the justice gap and promoting use of technology in the practice of law. She will also focus on the legal education system, working to update the existing model with more innovative approaches to learning.

Addressing the ABA House of Delegates, Ms. Bass discussed these areas of concentration in detail. She also referenced the ABA Commission on the Future of Legal Services, which was just released on August 6th. Among its many recommendations, the report advises that all members of the legal profession adapt to changes in the delivery of client services. Legal practitioners must be aware of relevant technology and know how to use it effectively, allowing for more efficient workflows and increased protection of privileged data. Innovations in technology are the key to remaining relevant in an age of rapid change, when process improvement is critical and technological proficiency is a must.

In addition to tech skills, Ms. Bass discussed the need for restored faith in the justice system, particularly among low-income citizens and those who belong to minority demographic groups. Ms. Bass feels strongly that race, gender, religion, and income should not determine one's ability to access to the legal system, and she's already taken steps to help mitigate the effect that our own implicit biases based on these characteristics can have on the administration of justice. As a member of the ABA Section on Litigation, Ms. Bass helped create the Implicit Bias Initiative, a resource to assist legal professionals in identifying their personal biases.  At the center of this initiative is a video produced by The Judicial Branch of California. It challenges viewers to examine the hidden factors that influence their decisions, exploring both the neuroscience and psychology behind the choices we make. (This is just one of many excellent videos in the California Courts Video Archive, a resource worth exploring.) 

The legal profession is changing rapidly. New approaches to the practice of law and the delivery of legal services are desperately needed. Under the leadership of Hilarie Bass, the ABA will strengthen its focus on legal education, legal tech, and the justice gap.

Continuing Pokélegal Education

Avoid looking for Pokémon in jail. 

Following up on our introduction to Pokémon law two weeks ago, the Pokémon experts at Ex Libris Juris have a few more trainer tips about Pokémon Go:

• Pokémon Go creator Niantic Labs has created a webpage to request removal of specific Pokéstops or Gym locations (virtual zones that attract both Pokémon and their would-be captors to real-world coordinates). This Pokémon pest control is intended to alleviate the safety concerns, violation of private property rights, and even disrespect towards the fallen plaguing property owners (mis)fortunate to be adjacent to virtual Pokémon hot spots.

•  Iran has become the first country to ban Pokémon Go after its High Council of Virtual Spaces announced the game represented a potential security threat. Meanwhile, New York has imposed a new condition for registered sex offenders on parole preventing them from playing Pokémon Go, as well as any other Internet games.   

• A New Jersey attorney has filed a federal class action suit against Niantic Inc., Nintendo Co. Ltd., and The Pokémon Company for nuisance and unjust enrichment. The suit alleges that the virtual placement of Pokémon via GPS coordinates corresponding and/or adjacent to private property constitutes an invasion of one’s enjoyment and use of the land. The full complaint may be read online via the Wall Street Journal. The plaintiff is seeking damages as well as enjoining the defendants from continuing to populate private property with Pikachus and the like—relief that, if granted, would effectively put an end to all the Pokémon fun. 

An Introduction to Poké-Law

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A Goldeen splashing around outside the Harris County Law Library

Anyone who’s not living under a rock (or Rock-type Pokémon, if that be the case) has heard plenty in the last few days about Pokémon Go, the augmented reality game breaking download records and causing the worst outbreak of Pokémon fever since the late ‘90s. As a response to the millions of players trying to become Pokémon masters, the Harris County Law Library would like to spotlight a few of the potential legal issues raised by the app:

“I was trying to catch an Eevee” is not a legal defense

If you’re trying to be the very best, “like no one ever was,” make sure you respect property rights. Criminal trespass in Texas occurs when a person enters or remains in or on the property of another, without effective consent and the person (1) had notice the entry was forbidden and (2) received notice to depart but failed to do so. Tex. Penal Code § 30.05 (West 2015). The offense is a misdemeanor. Texas also recognizes civil causes of action for trespass where an unauthorized entry to property results in injury to the property owner’s possessory interests. In cases where the entry was inadvertent, the defendant may still be liable if they failed to exercise a duty of reasonable care (e.g., accidentally driving your car off the road into someone’s yard because you spotted a Pikachu). So heed the warnings of police and don’t look for Pokémon in any place where you don’t have permission to be.

(On this note: While the law library is open to the public for legal research, please don’t use the library for any other purpose. Your local Harris County Public Library branch is a much better Pokémon hunting ground.)

Know Your Rights as a Pokémon Trainer

Like any other app on your phone, players trying to catch ‘em all are subject to the software manufacturer’s Terms of Service. Unfortunately, like most other TOSs, these terms are rarely actually read, and can have serious legal ramifications if a dispute arises. The Pokémon Go TOS contains an “Agreement to Arbitrate” clause that strips users of their rights to participate in class action suits against developer Niantic Labs or to have a trial by jury. If users want to retain these rights, they must email Niantic within 30 days of agreeing to the TOS with an “Arbitration Opt-out Notice.” More information on opting out can be found in this article by The Consumerist.

This is only the beginning of Pokémon Go’s impact on the legal system, as lawyers grapple with the challenge of applying existing laws to new digitally augmented environments. Be safe when out looking for Pokémon, and happy hunting!

Microsoft Partners with the Legal Services Corporation to Improve Legal Aid

On Tuesday, April 19th, during the White House Forum on Increasing Access to Justice, the Legal Services Corporation made a major announcement: Microsoft will commit at least $1 million in funding, technical support, and project management services to address the increasingly dire need for civil legal aid throughout the country. A recording of the announcement is available on the LSC website where the organization’s President, James Sandman, explains the objectives of Microsoft’s plan. In partnership with Pro Bono Net, Microsoft and the LSC will create statewide online legal portals, providing single-point access to legal resources and information for low income individuals and others who are unable to obtain legal services.

Thanks to the generosity of the LSC and the dedication of the Texas Legal Services Center (TLSC), the Lone Star State has already made great strides in closing the justice gap. Leveraging the power of the Internet and the innovations of technology, the TLSC has successfully extended the reach of legal aid efforts. The immensely popular web portal at TexasLawHelp.org, provides free, reliable legal information to low-income Texans. With additional funding and support from Microsoft, the TSLC and other state legal aid organizations throughout the country will be well-positioned to expand their civil legal aid efforts, resulting in greater access to justice for the most vulnerable populations.