Can DOJ reconcile the differing requirements for providing court interpreters in federal courts and in the state courts?
While Constitutional due process principles can be used in support of interpreter requirements in both federal and state courts, Title VI and implementing regulations do not apply to the federal courts because they are not recipients of federal financial assistance, being instead a branch of the federal government. Further, Executive Order 13166 also is not applicable since it applies only to the executive branch. The authority to supervise the federal courts with respect to language access resides instead with the Supreme Court and Congress.
