The right to effective translation in criminal proceedings for Limited English Proficiency (LEP) individuals is a fundamental right, guaranteed by Wisconsin law and the federal Constitution.
This bill establishes English as the official state language. It requires that all governmental communications from a state or local government entity be in English. This bill also allows any state or local governmental entity to provide an LEP individual artificial intelligence (“AI”) or other machine-assisted translation tools in lieu of appointing an English language interpreter.
Stanford Legal Design Lab reported that AI often mistranslates legal terms, distorting meanings and endangering due process. For example, “due date” was often mistranslated as “date to give birth”, while “warrant” was mistranslated as “court order”. “Trial” was often mistranslated as “test”, downplaying the legal significance of the proceeding. Pronoun confusion created distortion as to who was accusing whom, often placing victims and their support systems at risk.
LEP Wisconsinites have a right to equal access to justice. They also have a right to equal access to government communications and services. This bill would harm LEP Wisconsinites’ access to the services and justice non-LEP individuals freely enjoy.
