Foreign language court interpreters will be tested, credentialed and required to follow an ethics code addressing issues such as accuracy, impartiality, professional demeanor and confidentiality for the first time under two rules adopted Thursday by the Tennessee Supreme Court.
“This rule recognizes that for most people living in the United States, English is their native language, or they have learned to read, speak and understand English,” the court said in Supreme Court Rule 42. “There are others for whom English is not their primary language. For them, language can be a barrier to understanding and exercising their legal rights and to securing access to the judicial system.”
The new rules setting standards and establishing professional ethics were designed to help provide equal access to the courts for users who have a limited ability to speak or understand the English language, Chief Justice Frank Drowota said. Previously, there were no standards for interpreters, he said.
Tennessee experienced a 278 percent increase in its Hispanic and Latino populations and a 78 percent increase in the Asian population between the 1990 and 2000 censuses. Because of the state’s changing makeup, the Tennessee Judicial Council in 1997 recommended establishment of minimum qualifications and a code of professional responsibility for interpreters. In response, the Administrative Office of the Courts, using a Byrne grant, contracted with the Tennessee Foreign Language Institute to develop standards and conduct workshops and testing for prospective interpreters. The AOC also joined the National Center for State Courts’ Consortium for State Court Interpreter Certification Program to access tests for the certification process. Since training started, more than 200 have attended the workshops and nearly 100 have been tested or registered to take the written ethics examination. Oral testing will begin in May.
“It is essential that the... communication barrier be removed, as far as possible, so that these persons are placed in the same position as similarly situated persons for whom there is no such barrier,” the preamble to Supreme Court Rule 41 says. “As officers of the court, interpreters help assure that such persons may enjoy equal access to justice and that court proceedings and court support services function efficiently and effectively.”
Under the rules, judges may decide whether a participant in a legal proceeding requires an interpreter. If an interpreter is needed, the judge must first attempt to appoint one who is state certified, meaning the interpreter has no felony convictions or any misdemeanor convictions involving dishonesty or false statement; has attended an approved ethics and skill-building workshop; has passed a written examination with a score of at least 70 percent; and has passed an approved oral performance examination. The rules also require interpreters to take an oath before participating in a legal proceeding, swearing to interpret accurately, completely and impartiality.
If a state certified interpreter is not available, the judge must then attempt to appoint a registered interpreter who has met all of the requirements except passing an oral performance examination. A non-credentialed interpreter may be used only “upon a finding that diligent, good faith efforts to obtain the certified or registered interpreter” have been made. The judge also must evaluate the gravity of the judicial proceeding and potential penalty or consequence before using a non- credentialed interpreter.
In most cases payments for interpreters are added to court costs, although indigent criminal defendants may have state-paid interpreters to help them communicate with their attorneys. The rate of compensation is up to the judges, but a suggested minimum hourly rate is $50 for certified; $40 for registered; and $30 for non-credentialed.
The new rules are among several steps the Supreme Court and AOC have taken to help provide equal access to justice and eliminate communication barriers. Videos in Kurdish, Russian, Vietnamese, Spanish, Arabic and Laotian have been produced, using grant funds, explaining basic rights of defendants; how to obtain orders of protection; and the rights of parents in child abuse and neglect cases. Judges also have been provided with court forms in the same languages. The forms and other translated materials are available on the court system website at www.tsc.state.tn.us.