"Low level literacy is an issue that deserves more attention than it has received in the past. I think there are more people who appear before us who have low literacy than we realize. All courts can make an effort to speak more slowly, to use simple language because the whole purpose of the courts is to send a message.

Judges must be paying attention to identify this problem. Often a person appearing before the court won't have the confidence to raise his or her hand and say they don't understand what's going on. I like to have fairly consistent eye contact with people who appear in my court. I watch very carefully for physical signs that would indicate that the witness or accused is not understanding. If I sense in any person in the courtroom a blank expression or a hesitant or embarrassed expression. I will often rephrase a question asked by a lawyer or ask the lawyer to rephrase it.

If defence counsel are well prepared, they will usually inform the judge if literacy or education is a problem in the background of an offender. I believe probation is to assist the accused to rehabilitate him or herself by giving them the support in the community that they need but don't have the resources to approach on their own. Literacy training can become part of that support."