Report Title:

Court Interpreters

 

Description:

Requires the judiciary to certify court interpreters and to appoint and use certified court interpreters in legal proceedings.  (HB600 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

600

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO COURT INTERPRETERS.

 

 

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

 


     SECTION 1.  The legislature finds that federal law requires states to provide language interpretation services to court users with limited English proficiency.  Hawaii is a member state of the consortium of court interpreters of the National Center for State Courts, which provides court interpreter certification examinations in thirteen languages.  However, of the thirty member states of the consortium, Hawaii is one of only three states that have yet to implement court interpreter certification in any language.  As a result, at present, anyone can become a registered interpreter with the judiciary merely by obtaining a general excise tax license and submitting a court interpreter application form, regardless of language ability or interpreting skills.  Such a situation invites an applicant pool of untrained and untested interpreters, which not only slows down the judicial process and creates inefficiency, but also jeopardizes the constitutional and civil rights of non-English speaking individuals.

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

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

court interpreters

     §   -1  Policy; intent.  It is the policy of this state to secure the rights, constitutional and otherwise, of persons who, because of a non-English speaking cultural background, are unable to understand or communicate adequately in the English language when they appear in state courts or are involved in state justice system proceedings.

     It is the intent of this Act to provide for the certification, appointment, and use of interpreters to secure the state and federal constitutional rights of non-English speaking persons in all legal and administrative state proceedings.

     §   -2  Definitions.  As used in this chapter, unless the context otherwise requires:

     "Appointing authority" means a trial judge, administrative hearing officer, or other officer authorized by law to conduct judicial or quasi-judicial proceedings.

     "Certified interpreter" means a person who:

     (1)  Is readily able to interpret simultaneously and consecutively and to sight translate from English to the language of the non-English speaking person or from the language of that person into English;

     (2)  Is certified according to procedures approved by the Hawaii supreme court committee on certification of court interpreters; and

     (3)  Satisfies the standards prescribed and promulgated pursuant to this chapter and the code of professional responsibility for interpreters.

     "Legal proceeding" means a civil, criminal, domestic relations, juvenile, traffic, or an administrative proceeding in which a non-English speaking person is a principal party in interest or a witness.

     "Non-English speaking person" means any principal party in interest or witness participating in a legal proceeding who has limited ability to speak or understand the English language.

     "Principal party in interest" means a person involved in a legal proceeding who is a named party, or 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.

     §   -3  Implementing responsibilities.  (a)  Staff and administrative support required by the supreme court to implement the interpreter certification program shall be provided by the administrative office of the courts.

     (b)  Pursuant to supreme court rule, the administrative office of the courts shall administer and manage the operations of the state court interpreter certification program.

     (c)  The administrative director of the courts shall collect and analyze statistics pertinent to interpreter utilization.  This report may be made a part of the annual report of the judiciary and contain analyses and recommendations for the improvement of the court interpreter program.

     §   -4  Certified interpreter required.  (a)  When an interpreter is requested or when the appointing authority determines that a principal party in interest or witness has a limited ability to understand and communicate in English, a certified interpreter shall be appointed.

     (b)  The appointing authority may appoint a non-certified interpreter only:

     (1)  Upon a finding that diligent, good faith efforts to obtain a certified interpreter have been made and none have been found to be reasonably available; provided that the failure by the court to make reasonable good faith efforts to obtain the services of a certified interpreter may be grounds for reversal; and

     (2)  After the appointing authority has evaluated the totality of the circumstances, including the gravity of the judicial proceeding and the potential penalty or consequence involved.

     (c)  Before appointing a non-certified interpreter, the appointing authority shall make a finding that the proposed non-certified interpreter appears to have adequate language skills, knowledge of interpreting techniques, and familiarity with interpreting in a court or administrative hearing setting, and that the proposed non-certified interpreter has read, understands, and will abide by the code of professional responsibility for language interpreters established in this state.

     (d)  A summary of the efforts made to obtain a certified interpreter and to determine the capabilities of the proposed non-certified interpreter shall be made on the record of the legal proceeding.

     §   -5  Waiver of interpreter.  (a)  A non-English speaking person, at any point in the proceeding may waive the right to the services of an interpreter; provided that:

     (1)  The waiver is approved by the appointing authority after explaining on the record to the non-English speaking person through an interpreter the nature and effect of the waiver;

     (2)  The appointing authority determines on the record that the waiver has been made knowingly, intelligently, and voluntarily; and

     (3)  The non-English speaking person has been afforded the opportunity to consult with the person's attorney.

     (b)  At any point in any proceeding, for good cause shown, a non-English speaking person may retract the person's waiver and request an interpreter.

     §   -6  Interpreter oath.  An interpreter, whether or not certified, shall take an oath, before commencing duties, that the interpreter will make a true and impartial interpretation using the interpreter's best skills and judgment in accordance with the standards and ethics of the interpreter profession.

     §   -7  Removal of an interpreter in individual cases.  Any of the following actions of the interpreter shall be good cause for a judge to remove an interpreter:

     (1)  Being unable to interpret adequately, including where the interpreter self-reports such inability;

     (2)  Knowingly and wilfully making false interpretation while serving in an official capacity;

     (3)  Knowingly and wilfully disclosing confidential or privileged information obtained while serving in an official capacity; or

     (4)  Failing to follow other standards prescribed by law and the code of professional responsibility for interpreters.

     §   -8  Cost of interpreter services.  In all legal proceedings, the cost of providing interpreter services shall be borne by the court or administrative agency in which the legal proceeding originates.

     §   -9  Wages.  The court interpreter fee schedule shall be amended regularly to ensure that certified interpreters are paid at wages or salaries not less than the wages paid to public officers and employees for similar work.  Non-certified interpreters shall be paid at a rate not less than fifty per cent of the rate for certified interpreters.

     §   -10  Supreme court committee on certification of court interpreters established; duties; composition and term; meetings; rules.  (a)  There is established the supreme court committee on certification of court interpreters, which shall be attached to the judiciary for administrative purposes only.

     (b)  The supreme court committee on certification of court interpreters shall:

     (1)  Be responsible for ensuring language interpreter orientation, certification, continued proficiency, and discipline; and

     (2)  Prescribe standards and procedures for the recruitment, orientation, testing, certification, evaluation, compensation, duties, professional conduct, continuing education, certification renewal, and other matters relating to interpreters as prescribed in this chapter.

     (c)  The supreme court committee on certification of court interpreters shall be comprised of seven members who shall serve one-year terms subject to appointment and reappointment by the chief justice of the supreme court:

     (1)  Two members representing the judiciary, including one member representing the office on equality and access to the courts;

     (2)  Two members representing a labor union that represents or is seeking to represent court interpreters in Hawaii;

     (3)  One member representing the Hawaii State Bar Association;

     (4)  One member representing the office of the public defender; and

     (5)  One member representing the department of the prosecuting attorney of one of the counties of the State.

     (d)  Members shall serve without compensation, but may be reimbursed for the necessary expenses, including travel expenses, incurred in the performance of their duties.

     (e)  The supreme court may issue court rules necessary for purposes of this chapter."

     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 administrative office of the courts to establish 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, 2050; provided that section 3 of this Act shall take effect on July 1, 2050.