Supreme Court of New Mexico: Justice Julie J. Vargas (left), Justice Michael E. Vigil, Chief Justice David K. Thomson, Justice C. Shannon Bacon, and Justice Briana H. Zamora. Courtesy/Supreme Court

NMSC News:

SANTA FE — The New Mexico Supreme Court reaffirmed its commitment to providing access to language services for non-English speakers under New Mexico’s State Law and Constitution.

“The New Mexico Judiciary is committed to upholding our Constitution and the fundamental right to fairness, equality, and due process,” the Court wrote in an open letter to the public. “Without language access, individuals are at risk of wrongful conviction solely because of their language.”

Read the Supreme Court’s full letter here.

The Court noted that there are 23 federally recognized tribes in New Mexico: 19 Pueblos, three Apache tribes, and the Navajo Nation. “The languages of these tribes,” the Court wrote, “represent six major linguistic groups – Keres, Tewa, Towa, Tiwa, and Zuni, and Diné – each deeply embedded in our cultural fabric for thousands of years and still thriving today as living oral traditions.”

Of the New Mexicans who speak another language at home, 25% speak Spanish while 27% have limited English proficiency. Half of New Mexico’s population identifies as Hispanic.

“The unique history and cultural composition of New Mexico is reflected in our laws, which ensure that no one is excluded from justice,” the Court wrote.

The Court cited an 1881 case, Territory of New Mexico v. Romine, as the first reported opinion explaining the fairness of allowing non-English speaking jurors to decide a defendant’s guilt or innocence — a right now guaranteed by the state’s constitution. Under Article VII, Section 3 of the New Mexico Constitution, no citizen can be excluded from jury duty for an inability to speak or understand English. The New Mexico Judiciary provides interpreters for petit and grand jurors, jury selection, orientation, deliberations, and all portions of the trial free of charge. Courts also offer scribing services to help jurors and self-represented litigants fill out court forms. Visit lauguageaccess.nmcourts.gov for more information.

Last month, the president issued Executive Order 14224 designating English as the official language and revoking a previous order requiring federal agencies and recipients of federal funding to provide language assistance to non-English speakers.