The mandatory use of English in the federal court of Puerto Rico

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Although most District Court personnel and jurors in Puerto Rico are native Spanish speakers, they are legally required to be competent in English because the proceedings are in English. The language requirement is implemented through special tests for attorneys and a jury selection process that disqualifies non-Englishproficient candidates. The policy has clear constitutional implications since it restricts jury participation to a generally upper-class minority and calls into question the guarantee of “a jury of one’s own peers.” Efforts to change the practice have been ongoing but unsuccessful. This paper traces the history of the issue and argues that switching to Spanish as the court language would be congruent with prevailing notions of human rights and language planning.

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Resumen

Inglés Although most District Court personnel and jurors in Puerto Rico are native Spanish speakers, they are legally required to be competent in English because the proceedings are in English. The language requirement is implemented through special tests for attorneys and a jury selection process that disqualifies non-Englishproficient candidates. The policy has clear constitutional implications since it restricts jury participation to a generally upper-class minority and calls into question the guarantee of “a jury of one’s own peers.” Efforts to change the practice have been ongoing but unsuccessful. This paper traces the history of the issue and argues that switching to Spanish as the court language would be congruent with prevailing notions of human rights and language planning.