LANGUAGE ACCESS
Rule 260. Definitions.
‘‘Court services, programs, and activities’’ mean services, programs, and activities, other than judicial proceedings, that are administered under the authority of the courts, i.e., provided by or contracted for by the court.
‘‘Deaf or hard of hearing’’ (‘‘DHH’’) means a hearing loss or impairment of speech that creates an inability to understand or communicate the spoken English language.
‘‘Direct victim’’ means an individual against whom a crime has been committed or attempted and who, as a direct result of the criminal act or attempt, suffers physical or mental injury, death, or the loss of earnings.
‘‘Judicial proceeding’’ means an action, appeal, or proceeding in a court conducted by a presiding judicial officer, as defined for the purposes of these Rules.
‘‘Language Access Plan’’ (‘‘LAP’’) means a plan adopted by the Supreme Court or by a judicial district, intended to fulfill the requirements of Pennsylvania and federal law relating to meaningful access to the Unified Judicial System of Pennsylvania (‘‘UJS’’).
‘‘Limited English Proficient’’ (‘‘LEP’’) refers to individuals who do not speak English as their exclusive or primary language and who have a limited ability to read, speak, write, or understand English.
‘‘Presiding judicial officer’’ includes justices, judges, magisterial district judges, and appointive judicial officers such as arbitrators and other like officers.
‘‘Principal party in interest’’ means a person involved in a judicial proceeding who is a named party or a fiduciary for a named party; a direct victim in a criminal proceeding or a proceeding pursuant to the Juvenile Act (42 Pa.C.S. Ch. 63); or a parent, guardian, or custodian of a minor or incapacitated person who is a party, a direct victim in a criminal proceeding or a proceeding pursuant to 42 Pa.C.S. Ch. 63, or a witness.
‘‘Vital documents’’ mean documents that contain or solicit information critical for obtaining access to the court, court services, and/or benefits, advise of rights or responsibilities, including the consequences of violating a court order, or are required by law.
Comment See also 204 Pa. Code Ch. 221 (regulations relating to language access for persons with limited English proficiency and for persons who are deaf or hard of hearing). These terms are included here for convenience to aid in readily understanding the requirement of providing meaningful access under these Rules.
The definition of court services, programs, and activities encompasses those administered under the authority of the court, including, but not limited to, domestic relations, probation, pro se clinics, cases involving court-appointed counsel, or alternative dispute resolution.
Court services, programs, and activities provided by or contracted for by offices outside of the courts that have a distinct legal obligation to provide language access under Title VI of the Civil Rights Act of 1964 are not covered by these rules. Such offices include the Prothonotary, the Clerk of Courts, the Clerk of the Orphans’ Court, the District Attorney’s Office, and the Public Defender’s Office.
Source The provisions of this Rule 260 added November 19, 2021, effective January 1, 2022, 51 Pa.B. 7409.
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