Back in April 2014 Alaska became the second state to grant official status to an Indigenous language. Actually, HB 216 granted official status to 20 Alaska Native languages, alongside English. But just what does it mean to be an official language? The legislation states explicitly that the state is not required to conduct meetings in Alaska Native languages or print documents in Alaska Native languages. But what about court interpretation? What happens if someone wants to use their Native language in court?

In general, the court language interpreters are provided for defendants who are not able to speak or understand English. But what about someone who is bilingual in English and an Alaska Native language? Such an individual would not need an interpreter. But if they chose to speak Yup’ik or Tlingit or Koyukon, then the judge and other court officials might need an interpreter.

Kaleikoa Kaeo

This issue is being addressed right now in Hawaii, the only other state where an Indigenous language—in this case Hawaiian—has co-official status with English. Last month a Maui man, Kaleikoa Kaeo, faced charges relating to an August 2017 protest over construction of a telescope on Haleakala. When he appeared in court he refused to use English but instead addressed the judge in Hawaiian. The responded by issuing a bench warrant for his arrest but later reversed his decision, allowing the issue to be taken up by the Hawaii Supreme Court. This morning a standing room only crowd was present to hear oral arguments in the case. While no decision has yet been issued, the threat to the Hawaiian language is very real. For if one can’t use Hawaiian language in court, then just what does it mean to be an “official” language? What good is an official language if it can’t be used?

What really bothers me about this case is the way that it is being discussed. The news media and courts frame the issue as one of whether Kaeo has a right to an interpreter. For example, Hawaii News Now reports:

“The state Judiciary says it will provide interpreters to those seeking to speaking Hawaiian in court...”

But that is silly. Mr. Kaeo doesn’t want or need an interpreter. He is bilingual in Hawaiian and English, so there is no need for him to have an interpreter. He just wants to present his case using one of the state’s two official languages. If the judge or other court staff need an interpreter in order to converse using one of the state’s official languages, then I fully agree that they have a right an interpreter. But it should be clear that it is the judge that needs the interpreter, not Kaeo. Why should we question the judge’s right to have interpretation into English? After all, English is one of the state’s official languages. And given the the judge’s limited proficiency in Hawaiian language, he deserves an interpreter.

Yet someone this case has been twisted around using some kind of doublespeak, making it seem that the defendant, Kaeo, is the one seeking special accommodations, when in fact he is simply excercising his right to use his Native language. The case is evidence of how far we still have to go in raising awareness of Indigenous languages. As Office of Hawaiian Affairs CEO Kamanaopono Crabbe put it,

"That a Native Hawaiian was nearly arrested for speaking his mother tongue in 2018 indicates that despite the substantial progress made to revive the Hawaiian language over the years, we still have much further to go."

Keep an eye on this case. It’s great that 20 Alaska Native languages are official languages of the State of Alaska. But official may not mean as much as we think it does.