For the U.S. Department of Justice, Civil Rights Division,
Federal Coordination and Compliance Section
And the Vermont Judiciary
COLLABORATIVE TECHNICAL ASSISTANCE AGREEMENT
BACKGROUND
Through its routine outreach, the United States Attorney’s Office for the District of Vermont
(USAO) identified potential issues regarding the adequacy of language assistance provided to limited
English proficient (LEP) Vermont state court users and referred its concerns to the Federal
Coordination and Compliance Section of the United States Department of Justice, Civil Rights Division
(FCS).
In response to the USAO referral, FCS and USAO (DOJ), conducted onsite outreach to criminal and
civil attorneys and conducted courthouse visits which indicated the Vermont Judiciary could benefit
from recommendations regarding LEP services due to its possible failure to comply with the non-
discrimination requirements of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d
to 2000d-7 and its implementing regulations at 28 C.F.R. Part 42, Subpart C (together Title VI) in
regards to the services provided to LEP court users.
In April 2018, DOJ met with representatives of the Vermont Judiciary to discuss Title VI language
access concerns within the Vermont Judiciary (hereinafter “Judiciary”). Judiciary officials were unaware
of the concerns, and had received no direct complaints to the Judiciary. They were, however, already
working to make the Vermont Judiciary’s language access program more robust. They informed DOJ
that the Judiciary was actively reviewing its Language Access Plan (LAP) and would be devising a
Language Access Implementation Plan (LAIP), with both efforts supported by a technical assistance
agreement with the National Center for State Courts. DOJ offered its assistance to the Judiciary’s
efforts already underway to improve language assistance.
In October 2018, representatives from the Judiciary provided an update on its activities and plans at
a meeting with DOJ, and the parties further discussed how DOJ might be of assistance to these efforts.
Judiciary officials have shared with DOJ copies of the NCSC report reviewing its LAP and the NCSC
proposed LAIP. The Judiciary solicited from DOJ recommended improvements to the LAP and LAIP.
The Judiciary also established an Internal Advisory Committee to continually improve its language
access program.
On November 30, 2018, the Vermont State Court Administrator sent to FCS a letter that outlined a
proposal for further engagement between the parties to improve language access for LEP court users,
including a request for DOJ to provide technical assistance.
The Judiciary has continued to dedicate resources to enhance its language access program. For
example:
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• In April 2018 staff delivered a “train the trainer” workshop for court operations managers.
These staff will in turn lead in-service trainings for other staff in local courts statewide
regarding language access policies, resources, and services;
• Meetings are ongoing with representatives from the Association of Africans Living in Vermont,
the U.S. Committee on Refugees and Immigrants (a/k/a Vermont Refugee Resettlement
Program), and a professor at Bennington College to develop a comprehensive curriculum for
interpreter training;
• The Court Administrator’s Office procured the translation into Spanish of a dozen court forms
and confirmed the accuracy of those translations with a member of the National Association of
Judicial Interpreters and Translators. The translated forms are currently being turned into
fillable forms that will be available on the Judiciary’s website.
This Agreement (hereinafter “Agreement”) reflects the mutual understanding of the parties with
respect to the technical assistance to be provided.
SHARED GOALS
The p
arties seek to improve the Judiciary’s provision of meaningful access to LEP individuals in the
Vermont Court system. The Judiciary aims to make reasonable efforts to provide LEP individuals
with timely and qualified language assistance, both oral and written, in all proceedings of the courts
as well as in court services and programs, with services to be provided in a reasonably effective and
efficient manner, at no cost to the LEP individuals.
The efforts are intended to improve compliance with V.R.C.P. 43(f), V.R.Cr.P. 28, V.R.P.P. 43(e),
and Title VI.
The efforts to be undertaken by the parties are consistent with the Judiciary’s stated mission “to
provide equal access to justice, protect individual rights, resolve legal disputes fairly and timely, and
provide everyone the opportunity to have their day in court” and its vision that “[t]he people of
Vermont will have trust and confidence in the Vermont state courts because the courts are fair,
impartial, accessible, responsive, consistent, free of discrimination, independent, and well-managed.”
By engaging each other in a voluntary, open, and collaborative manner, the parties hope to achieve
results in a more timely, efficient, and effective way than might otherwise occur.
COMMITMENTS
The Vermont Judiciary:
The State Court Administrator is authorized to enter into this Agreement.
Senior Judiciary members such as the State Court Administrator, the Chief Superior Judge, the
Chief of the Planning and Court Services (PCS) Division, the PCS Senior Programs Manager, and
others will continue to support these efforts through involvement in activities related to this
Agreement. The Judiciary also hopes to expand its capacity to enhance language access services by
augmenting existing resources.
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The Judiciary has sought and will continue to seek increased funding through the state legislative
process and from available sources of federal and other grants.
The Judiciary agrees to respond in a timely fashion to reasonable requests for documents and other
information made by DOJ.
The Department of Justice:
DOJ has extensive experience with identifying language access shortcomings in court systems,
devising remedies, and helping to implement them as part of its Courts Language Access Initiative.
A senior FCS staff attorney, an Assistant U.S. Attorney, and an FCS consultant will continue to
provide assistance.
DOJ time and travel will provided by DOJ. (The DOJ components involved in this Agreement have
no grants under their control.)
The parties agree to work cooperatively.
DELIVERABLES
The attached Scope of Work outlines the initial activities to be undertaken by the parties, including
an estimated timeline.
TERMS AND CONDITIONS
Durat
ion. This Agreement becomes effective upon execution by representatives of both parties and
will end two years later or upon completion of the activities in the Revised Scope of Work
referenced in step #7 of the Initial Activities and Timelines section below, whichever occurs first.
Either Party may terminate this Agreement by notifying the other Party in writing at least 30 days
prior to the effective date of termination set forth in the notice to terminate, or otherwise as may be
mutually agreed.
Resources. The commitments of staff time, expenditures for programs, travel, and consultants as
set forth in this Agreement, including the Scope of Work, are subject to availability of resources,
appropriation of funds, and force majeure; provided that notice is given to the other Party when
restrictions arise that may impair performance anticipated by this Agreement.
Non-waiver. Nothing herein may be construed as an admission of non-compliance with Title VI by
the Vermont Judiciary.
Complaints. Nothing herein will restrict FCS’s response to any complaint it may receive after the
date of execution of this agreement.
This is a public document.
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SIGNATURES
By'~
~
TAMRAKESSLER
Chief
CHRISTINE
STONEMAN
Principal
Deputy
Chief
PAULM
.
UYEHARA
Senior
Attorney
U.
S.
Department
of
Justice
Civil Rights Division
Federal Coordination & Compliance Section
950 Pennsylvania A venue,
NW
(NWB)
Washington,
DC
20530-0001
JULIA
TORTI
Assistant United States
Attorney
U.S. Attorney's Office for the
District
of
Vermont
11
Elmwood A venue, 3rd
Floor
Burlington,
VT
05401
Dated
:
6/19/2019
Supreme
urt
of
Vermont
Office
of
State
Court
Administrator
109
State
Street
Montpelier,
VT
05609-0701
Dated:
¥0/!'f
Page
417
GENERAL INFORMATION
INITIAL SCOPE OF WORK
DOJ activities will include the following:
Analyze documents related to language access plans, policies, and procedures.
Participate in meetings, in-person or remotely, with sufficient advance notice.
Assist with training upon the request of the Judiciary.
Provide input as to court observations, assessments, and monitoring activity that may be
undertaken by the Judiciary.
Suggest resources for and respond to questions from the Judiciary to include providing input on
the composition and function of committees whose purposes are related to the scope of this
Agreement.
Judiciary activities will include the following:
Share data, draft documents, and budget information regarding the Judiciary’s language access
program, upon reasonable request.
Facilitate direct communication among DOJ, court personnel, and advisory committees where
the communication concerns the terms, conditions, and commitments agreed to in this
Agreement or the Judiciary’s language access program. Moreover, the Judiciary will confirm as
needed that DOJ is authorized to engage in such communication but is not doing so on behalf of
the Judiciary.
Respond appropriately to DOJ feedback.
Facilitate access to Judiciary facilities.
Provide periodic updates regarding the Judiciary’s language access program.
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INITIAL ACTIVITIES AND TIMELINES
#
ACTIVITY
TIMELINE
DOJ
JUDICIARY
1
Framework & Scope of
Work
February
2019
Draft response to VT
proposal for technical
assistance
Review and provide
feedback on draft
framework & SOW
June Sign document Sign document
2
Internal Advisory Com
(IAC)
< 60 days
(from
signing)
Review and provide initial
feedback on LAIP; discuss
at onsite meeting with IAC
Provide a status report
on LAIP activities to
date; consider interim
LAIP revision
3
External Advisory Com
(EAC)
July-August
Receive roster of EAC;
participate in onsite
meeting of EAC to discuss
initial feedback on LAIP
Stand up committee;
convene first meeting;
schedule meetings
through 2019.
4
Survey of Court Staff
August-
September
Review the survey
developed for court staff
and offer feedback
Obtain and consider
DOJ feedback; finalize
survey; administer
survey to staff in
connection with staff
training devoted to
language access.
September-
October
Review survey results and
provide input regarding
implications for LAIP
Analyze survey results
and revise LAIP, as
needed
5
Needs survey of
external parties
September-
October
Provide feedback on survey
of external participants
Develop draft survey,
consider DOJ feedback,
and finalize survey
November Administer survey
December
Review survey results and
provide input regarding
implications for LAIP
Analyze survey results
and revise LAIP, as
needed
6
Language Access
Implementation Plan
January-
February
2020
Provide full
review/feedback on LAIP
Consider feedback, and
revise LAIP, as needed
7 Revise Scope of Work March 2020
Negotiate Revised Scope of
Work to address changes
in LAIP and other agreed
upon areas of activity.
Negotiate Revised Scope
of Work to address
changes in LAIP and
other agreed upon areas
of activity.
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