New Jersey court discriminated against Hispanics & punished whistleblower

The U.S. Attorney’s Office for the District of New Jersey and the Department of Justice’s Civil Rights Division have reached a settlement agreement with the New Jersey Judiciary after confirming allegations of discrimination against court users with limited English proficiency (LEP) and retaliation against the court employee who exposed it.

The New Jersey Judiciary will pay $89,718 in damages to the whistleblower who was subjected to retaliation after reporting the illegal practices.

An investigation by the U.S. Justice Department’s Civil Rights Division found the New Jersey Judiciary in Monmouth County discriminated against court users based on their national origin.

“Reports about bigotry, favoritism, hatred, inequity, intolerance, prejudice, or unfairness against Hispanic litigants are outrageous but it is even more disheartening and shocking when such allegations involve those who we rely upon to dispense justice,” said New Jersey civil rights advocate Lisa McCormick, who expressed disgust after learning that officials retaliated against a court employee who complained about the violations of federal civil rights laws.

The settlement—which requires the courts to improve access to services for people with limited English proficiency (LEP)—resolves an investigation into claims that the Monmouth Vicinage Courts (MVC), part of the New Jersey Judiciary, violated Title VI of the Civil Rights Act of 1964.

McCormick noted that New Jersey also has some of the most racially segregated schools in the nation and that the Civil Rights Act was enacted before she was born.

The investigation revealed that the MVC had failed to provide adequate language access services, impeding litigants with LEP.

Specifically, the allegations included the refusal to provide interpreters, the lack of translation or explanation of essential documents, and insufficient training for staff regarding language access policies.

These practices were deemed discriminatory based on national origin, violating Title VI, which prohibits discrimination by recipients of federal financial assistance.

“People with limited English proficiency can lose their children, homes and fundamental rights when they face language barriers in our court systems,” said Assistant US Attorney General Kristen Clarke. “The Civil Rights Division will continue fighting to ensure that courts remove language barriers for the public.”

As part of the settlement, the New Jersey Judiciary has agreed to several corrective measures.

This encompasses translating essential court forms and documents, creating compulsory language access training for court staff, and establishing a Title VI policy against retaliation.

The judiciary will also issue public notices in non-English languages to explain Title VI policies and complaint processes. The U.S. Attorney’s Office and the Civil Rights Division will oversee compliance with these requirements for the next two years.

In addition to the procedural changes, the New Jersey Judiciary has agreed to pay $89,718 in damages to the court employee who alleged retaliation for raising concerns about the discrimination. The whistleblower was not identified.

“Dispensing justice fairly and equitably is a cornerstone of our democratic system. We remain committed to ensuring that all litigants in New Jersey have equal access to New Jersey’s court system regardless of language barriers,” said U.S. Attorney Philip R. Sellinger.

The investigation into the MVC follows a pattern of civil rights enforcement actions.

Similar issues have emerged in other jurisdictions, including a recent case involving the Millville municipal court, where allegations of discrimination against Latino individuals in court proceedings were investigated.

These cases reflect ongoing efforts to address and rectify discriminatory practices within the judicial system.

Monmouth Vicinage Assignment Judge Marc C. Lemieux, who expressed a commitment to maintaining the high standards of service expected in the judiciary when he succeeded Judge Lisa P. Thornton, will implement the changes.

For more information on civil rights enforcement, the U.S. Attorney’s Office for the District of New Jersey and the Department of Justice’s Civil Rights Division provide resources and reporting mechanisms for civil rights complaints.

If you believe you have been discriminated against by the New Jersey Courts due to a disability, you have several options for filing a complaint:

1. Internal EEO/AA Complaint: You can file an internal Equal Employment Opportunity/Affirmative Action (EEO/AA) complaint with the local EEO/AA officer at your county courthouse. Alternatively, you can contact the chief EEO/AA officer at the Administrative Office of the Courts in Trenton by calling (609) 815-2972 or emailing EEOComplaint.mailbox@njcourts.gov.
2. New Jersey Division on Civil Rights (DCR): If you believe your rights under the Law Against Discrimination (LAD) or the Family Leave Act (FLA) have been violated, you can file a complaint with the DCR. Complaints can be submitted online through the NJ Bias Investigation Access System (NJBIAS) or by calling (833) NJDCR4U.
3. Advisory Committee on Judicial Conduct: To file a complaint against a judge, contact the Advisory Committee on Judicial Conduct at (609) 292-2552 or send correspondence to CN-037, Trenton, NJ 08625.
4. U.S. Attorney’s Office for the District of New Jersey: For civil rights violations, complaints can be submitted by email, mail, or phone at:
   • Email: USANJ.Civilrightscomplaint@usdoj.gov
   • Mail: U.S. Attorney’s Office, District of New Jersey, Civil Rights Complaints, Civil Rights Division, 970 Broad Street, Suite 700, Newark, New Jersey 07102
   • Telephone (855) 281-3339
   • Fax (973) 297-2010