Service of Process Upon Limited English Proficient (LEP) Persons
Fundamental Fairness, Due Process of Law, Equal Access to Justice
by John Perez, Esquire
The current political rhetoric about ethnic groups, immigrants, illegal aliens, building border walls, and expelling millions of people from our country, is swirling in the news and social media. It has gotten a lot of hype and reaction, some positive, some not so. The bluster will continue for some time.
One of the tenants of American society is that people, regardless who they are, or where they are from, should be treated fairly. This is critically important, especially within our judicial system, where “fundamental fairness” and “due process of law” is, or should be, afforded at all, including persons of Limited English Proficiency (LEP). [1]
Process Server’s Role
Hopefully, at some point in the future, the issues noted in this Introduction will be intelligently and practically discussed, and resolved. In the interim, process servers are a unique group of professionals who currently interact within communities where persons of limited English speaking capabilities reside and work. The profession needs to step back and assess how this interaction is taking place, and whether people, including those of limited English proficiency, are, in effect, being treated fairly, receiving and comprehending the notices inherent in the concept of due process of law.