REPORT Title:

Court Interpreters

 

Description:

Requires the judiciary to certify court interpreters and to appoint and use certified court interpreters in legal proceedings. (HD1 SD1)

 


THE SENATE

H.B. NO.

600

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COURT INTERPRETERS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Federal laws require the state judiciary to provide language interpretation services to court users who are limited-English proficient, deaf, or hard-of-hearing.  The court interpreter program does not presently include court interpreter certification training or testing.  The legislature finds that a state court interpreter certification program will permit identification of the best-qualified language interpreters through appropriate screening and testing.  Such a state court interpreter certification program will also help to protect the rights of those court users who are limited-English proficient, deaf, or hard-of-hearing.

     The purpose of this Act is to require the judiciary to establish and implement a state court interpreter certification program, and to appoint and use certified court interpreters in legal proceedings.

     SECTION 2.  Chapter 606, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately designated and to read as follows:

     "§606-    Policy; intent.  It is the policy of this State to ensure that persons who are limited-English proficient, deaf, or hard-of-hearing, and who are unable to understand or communicate adequately in the English language, are provided interpreters when they appear or are involved in legal proceedings.

     It is the intent of this chapter to provide for the certification, appointment, and use of interpreters to secure the rights of individuals who are limited-English proficient, deaf, or hard-of-hearing in all legal proceedings as defined by this chapter.

     §606  Definitions.  As used in this chapter:

     "Appointing authority" means a trial judge, administrative hearing officer, or other officer authorized by law to conduct legal proceedings within the jurisdiction of the judiciary.

     "Certified interpreter" means a person who holds a valid certificate as a certified court interpreter issued by the judiciary; or an American sign language interpreter who is:

     (1)  Nationally certified by the Registry of Interpreters for the Deaf or the National Association of the Deaf; or

     (2)  Certified by the Hawaii quality assurance system at level V.

     "Legal proceeding" means a civil, criminal, or an administrative proceeding within the jurisdiction of the judiciary.

     "Limited-English proficient" refers to a person's limited ability to speak, read, or understand the English language.  For purposes of this chapter, a limited-English proficient court user or individual is a principal party in interest or witness participating in a legal proceeding.

     "Principal party in interest" means a person involved in a legal proceeding who is a named party, who will be bound by the decision or action, or who is foreclosed from pursuing the person's rights by the decision or action, which may be taken in the proceeding.

     "Witness" means anyone who testifies in any legal proceeding.

     §606-    Program; responsibilities.  (a)  Staff and administrative support to implement, administer, and manage the operations of the state court interpreter certification program shall be provided by the administrative director of the courts, subject to the necessary funds being appropriated, granted, or provided for this purpose.

     (b)  The administrative director of the courts shall establish minimum standards and procedures for a state court interpreter certification program.

     (c)  The administrative director of the courts shall adopt rules necessary for the implementation and administration of the state court interpreter certification program.  The rules may include provisions for state court interpreter training, qualification, certification, professional conduct, and discipline.  The judiciary shall set fees to be charged to applicants for certification services related to the state court interpreter certification program including certification training, certification testing, and renewal of certification.

     §606  Certified interpreter required; appointment of non-certified interpreter.  (a)  When the appointing authority determines that a principal party in interest or witness is limited-English proficient, deaf, or hard-of-hearing, a certified interpreter shall be appointed.

     (b)  The appointing authority may appoint a non-certified interpreter in legal proceedings for good cause, including where good faith efforts to obtain a certified interpreter have been made and a certified interpreter was not reasonably available.

     §606  Cost of interpreting services.  Compensation for services of state court interpreters shall be determined by a schedule of fees adopted by the judiciary.  State court interpreters shall be paid in such manner as the judiciary may determine, subject to the necessary funds being appropriated, granted, or provided for this purpose."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $        , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the office of the administrative director of the courts to establish, implement, and operate a statewide court interpreter orientation, testing, and certification program.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 4.  If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 5.  This Act shall take effect on July 1, 2008; provided that section 3 of this Act shall take effect on July 1, 2007.