CARSON CITY, Nev. (AP) — Reversing a lower court judge, the Nevada Supreme Court says non-English speakers who bring small claims or other cases to the state’s justice courts should have interpreters.

The ruling, favoring Ely State Prison inmate Hermes Caballero, cancels a decision by District Judge Steve Dobrescu and returns Caballero’s small claims case to Ely Justice Court for further consideration.

Caballero was transferred from an Arizona prison to the Ely prison in 2004. He lost personal property during the transfer and was told by prison employees that his possessions would be returned to him by mail.

Later, Caballero was told his possessions had been lost. With the assistance of a bilingual inmate-law clerk, Caballero sued the prison in small claims court.

While in court, Caballero requested an interpreter but he was told by a justice of the peace that because his was a small claims case, an interpreter didn’t have to be provided for him.

In upholding that decision, Dobrescu said state law requires an interpreter only in cases where a disability, such as being deaf, mute or having a speech impairment, prevents someone from communicating in English.

In Thursday’s decision written by Justice James Hardesty, the Supreme Court noted Caballero said that if the justice of the peace hadn’t ruled so abruptly he would have realized that a bilingual inmate-law clerk was available to serve as an interpreter.

Hardesty added that the justice court “had discretion, under both its inherent authority and express authority — in the form of a specific court rule — to appoint Caballero an interpreter.”

Hardesty also noted that a quarter of Nevada’s residents are Hispanic and the state’s Hispanic population is expected to more than double to nearly 1.5 million by 2026.

The Supreme Court said justice courts first should look for volunteer interpreters, but if they aren’t available, registered interpreters should be hired. (via Ryan’s shared items in Google Reader)