Today, Minnesota district courts infrequently allow deaf litigants to receive in-person American Sign Language (ASL) interpreting services, significantly impairing access to justice for this vulnerable population. The COVID-19 pandemic drove Minnesota district courts to almost exclusively conduct court proceedings via video technology, and the practice of connecting with interpreters via video technology has continued in the years following. According to Minnesota Judicial Council Policy 525, which outlines the presumptive format for hearings in district courts since COVID-19, specified hearings and trials for criminal, civil, and family matters are held in person. But this policy does not require ASL interpreters to appear in person for these high-stakes proceedings. In fact, “[t]he presiding judicial officer has the discretion to determine if remote interpreting is appropriate” under Minnesota Judicial Council Policy 513. This discretion is problematic: When a matter is scheduled in person, but the ASL interpreter is scheduled remotely, an access issue arises.
