The use of automated translation in California courts raises significant concerns about the ability of litigants with limited English proficiency – particularly in the Korean American community –  to understand proceedings and protect their legal interests. As reported by American Community Media,  translation errors have prompted 35 legal and community organizations to urge the Judicial Council of California to suspend automated translation use and prioritize qualified interpreters, translators, and human review.

Reported examples of automated translation failures in legal proceedings include “DUI” being rendered as “IUD” and a court employee’s instructions becoming “Sting the judge to reduce a fever.” 

The stakes are particularly high in civil matters involving eviction, domestic violence, and civil harassment. In these contexts, misunderstandings may affect a litigant’s ability to respond to a claim or seek timely relief concerning housing and personal safety.

California adopted a language-access plan containing 75 recommendations in 2015. The Judicial Council reports that more than 60 recommendations have been completed and is developing guidance on machine translation. However, the organizations cited argue that important protections remain inadequate.

Their requests include suspending automated translation use, prioritizing qualified language professionals, requiring professional review of machine-generated translations, and fully implementing the existing language-access plan before expanding automated translation.

Language access is a matter of meaningful participation rather than the mere availability of translated text. For lawyers representing Korean-speaking clients and other litigants with limited English proficiency, the reported errors underscore the importance of distinguishing access to information from reliable comprehension of that information in order to understand procedural obligations, evaluate options, and act with an informed understanding of consequences. Reliable, accurate translation is thus a cornerstone of access to justice for all.