N.Y. Judiciary Law § 391: Limited English proficient litigants' data

§ 391. Limited English proficient litigants' data. 1. For the purposes

of this section, the following terms shall have the following meanings:

(a) "primary language" means the dominant language a litigant speaks

in everyday situations, including but not limited to their home, work,

school, and community environments;

(b) "limited English proficient (LEP) litigant" means a participant in

a legal proceeding, whose limited ability to speak or understand the

English language, has created a communications barrier to understanding

his or her legal rights or impairs his or her ability to participate

fully in court programs or services; and

(c) "language assistance services" means oral and written services

needed to assist LEP litigants to communicate effectively with court

personnel and to provide LEP litigants with meaningful access to, and an

equal opportunity to participate fully in, court programs or services,

so that LEP litigants are placed in the same position as similarly

situated persons for whom there is no such barrier.

2. The office of court administration shall collect and maintain data

on all limited English proficient litigants in all courts within this

state; provided, however, that such data shall not be collected from

those courts designated as town or village courts. At a minimum, the

office of court administration shall collect and maintain data on the

following:

(a) the number of limited English proficient litigants who are

litigants in courts within this state, disaggregated by court and

county, and the primary language of such litigants;

(b) the number of such limited English proficient litigants served,

disaggregated by court and county, the type of language assistance

services provided and the primary language of the litigant served; and

(c) the number of interpreter personnel employed by the courts,

disaggregated by court and county and the language translated or

interpreted by such personnel.

3. The office of court administration shall make the data required by

this section publicly available on its website, provided, however, that

such data shall not include identifying information and nothing in this

section shall be construed to permit the office of court administration

to use, disseminate, or publish any identifying information, including a

litigant's name, date of birth, social security number, docket number,

or other unique identifier.