Amended in Senate September 3, 2013

Amended in Assembly May 24, 2013

Amended in Assembly May 2, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1127

Introduced by Assembly Member Chau

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(Principal coauthor: Senator Lara)

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February 22, 2013

An act to add begin insert and repeal Sections 756 and 756.5 of the Evidence Code and end insert Section 68567 begin delete to end delete begin insert of end insert the Government Code, relating to begin delete courts end delete begin insert legal services end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1127, as amended, Chau. begin delete Courts: California Language Access Task Force end delete begin insert Legal aid: court interpreters end insert .

Existing law requires, when a witness is incapable of understanding the English language or expressing himself or herself in the English language so as to be understood directly by counsel, court, and jury, an interpreter to be sworn to interpret for him or her. Existing law requires the Judicial Council to conduct a study of language and interpreter use and need in court proceedings, with commentary, and to report its findings and recommendations to the Governor and to the Legislature every 5 years. Existing law requires that this study serve as the basis for determining the need to establish interpreter programs and certification and for establishing these programs and examinations through the normal budgetary process.

This bill would begin delete , upon the appropriation of funding for these purposes, require the Judicial Council, on or before March 1, 2014, to establish the California Language Access Task Force, as specified, which end delete begin insert require the Judicial Council, by March 1, 2014, to establish a working group to review, identify, and develop best practices to provide interpreters in civil actions and proceedings, as specified. The bill would require the Judicial Council to select 3 courts to participate in a pilot project, to commence on July 1, 2014, to provide interpreters in civil proceedings and would require the Judicial Council to report to the Legislature findings related to the pilot project by July 1, 2018. The pilot project would be funded by $6 million dollars from the Trial Court Trust Fund upon appropriation by the Legislature from unexpended funds previously allocated for court interpreter services. The bill end insert would begin delete be responsible for end delete begin insert also require the working group to act as an advisory body to any Judicial Council committee, advisory board, or joint committee charged with end insert developing a comprehensive statewide Language Access Plan (LAP) for use by courts to address the needs of all limited-English-proficient individuals in conformance with state and federal law. The bill would require the begin delete task force to, among other things, establish end delete begin insert working group to make recommendations relating to the establishment of end insert standards for meaningful and timely provision of language services in all court proceedings and at all public points of contact within the courts, and begin delete to establish end delete begin insert the establishment of end insert a statewide plan to provide for the translation of court documents using competent and qualified interpreters. The bill would require the begin delete task force to provide the LAP to the Judicial Council end delete begin insert Judicial Council and its advisory bodies to submit an interim report to the Legislature on the status of the LAP end insert by September 1, 2014 begin delete , and would require the Judicial Council to adopt a statewide LAP based on the LAP provided by the task force by December 31, 2014. The bill would also make related legislative findings and declarations end delete . begin insert The bill would repeal these provisions on January 1, 2020. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature hereby finds and declares the
following:

(a) California is one of the most linguistically diverse states in
the nation. As language diversity continues to increase, there is a
greater need to ensure that all Californians have meaningful access
to the court system.

(b) There continues to be a need to expand and improve
California’s ability to provide language assistance within the
judicial system.

(c) Currently, California has not developed begin delete a end delete statewide begin delete plan end delete
begin insert best practices end insert to address the needs of limited-English-proficient
individuals in all court proceedings and at all public points of
contact within our courts.

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(d) There continues to be a shortage of information and data
needed to determine what resources the state needs to provide
court interpreters in civil proceedings. In order to plan for the
successful implementation of language access services in civil
proceedings, information must be gathered on how to maximize
the use of existing resources, and the need for language access. A
pilot program is the most efficient way to gather information from
courts as it relates to interpreter services and language access.

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(e) The continuing shortage of certified and registered
interpreters for particular languages and various geographic
regions of California impacts the state’s ability to provide
meaningful access to justice for all court users.

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begin insert SEC. 2. end insert   

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begin insert Section 756 is added to the end insert begin insert Evidence Code end insert begin insert , to read: end insert

begin insert

begin insert 756. end insert   

(a) (1) On or before March 1, 2014, the Judicial Council
shall establish a working group to review, identify, and develop
best practices to provide interpreters in civil actions and
proceedings. The best practices developed by the working group
shall be used in carrying out the pilot project described in Section
756.5.

(2) In developing the best practices for the pilot project, the
working group shall consider ways to maximize the use of existing
resources and other practices that will assist courts to deploy
interpreters effectively in civil proceedings.

(3) The best practices shall include training guidelines to be
utilized by the courts participating in the pilot project described
in Section 756.5 to ensure that court interpreters receive training
necessary to comply with the requirements of Section 756.5.

(b) The working group shall include court executive officers,
presiding judges, interpreter coordinators, three interpreters who
shall be nominated by an exclusive representative of interpreter
employees, experts in training and best practices in the field of
court interpretation, representatives of legal services organizations,
and organizations representing individuals with limited English
proficiency, and others that the Judicial Council determines
necessary. The working group shall also include a representative
from a rural community.

(c) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

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begin insert SEC. 3. end insert   

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begin insert Section 756.5 is added to the end insert begin insert Evidence Code end insert begin insert , to read: end insert

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begin insert 756.5. end insert   

(a) The working group described in Section 756 shall
select up to three courts to participate in a pilot project, which
shall commence on or before July 1, 2014, to provide interpreters
in civil proceedings as specified in this section.

(b) (1) The pilot project shall be conducted for the purpose of
creating models for effectively providing interpreters in civil
matters and implementing best practices.

(2) The pilot project, including costs of administration and the
preparation of the report to the Legislature required in subdivision
(h), may be funded by up to six million dollars ($6,000,000) from
the Trial Court Trust Fund upon appropriation by the Legislature
from unexpended funds previously allocated for court interpreter
services. The costs of administration and the preparation of the
report to the Legislature required in subdivision (h) shall not
exceed 3 percent of the total funding allocation.

(c) Interpreters shall be provided by the pilot courts as follows:

(1) The pilot courts shall provide interpreters to any party in a
civil proceeding who is present and who does not proficiently
speak or understand the English language for the purpose of
interpreting the proceedings in a language that the party
understands and assisting communications between the party, his
or her attorney, and the court.

(2) If the pilot courts expend more than 75 percent of the funding
described in paragraph (2) of subdivision (b) within the first 24
months of the pilot project, pilot courts may prioritize interpreter
services in the following types of actions and proceedings, for
purposes of this pilot project:

(A) Actions and proceedings under Section 527.6 of the Code
of Civil Procedure.

(B) Actions and proceedings brought under the Family Code.

(C) Actions and proceedings relating to unlawful detainer.

(D) Actions and proceedings involving the appointment or
termination of a probate guardian or conservator.

(E) Actions or proceedings under the Elder Abuse and
Dependent Adult Civil Protection Act (Chapter 11 (commencing
with Section 15600) of Part 3 of Division 9 of the Welfare and
Institutions Code).

(3) The pilot courts shall develop a methodology for deploying
available interpreter resources and funds described in subdivision
(b) if needed. Pilot courts shall establish protocols to ensure that
parties who speak limited or no English and need interpreter
services are identified at the earliest point of contact with the court
system and informed that interpreter services are available. A pilot
court shall not be obligated to provide services under this section
that are not funded by this pilot project.

(4) Interpreters shall be certified or registered pursuant to
Article 4 (commencing with Section 68560) of Chapter 2 of Title
8 of the Government Code. Subdivisions (c) and (d) of Section 755
shall apply to proceedings described in this section.

(d) This section shall not be construed to alter the right of an
individual to an interpreter in criminal, traffic or other infraction,
juvenile, or mental competency actions or proceedings.

(e) This section shall not result in a reduction in staffing or
compromise the quality of interpreting services in criminal,
juvenile, or other types of matters in which interpreters are
provided.

(f) This section shall not be construed to create a right to, or
negate or limit a right to, an interpreter in civil proceedings that
does not otherwise exist under current state or federal law.

(g) The pilot project shall terminate on July 1, 2017.

(h) (1) On or before July 1, 2018, the Judicial Council shall
report to the Legislature its findings and recommendations based
on the experiences of the model pilot project.

(2) The report shall also describe, to the extent possible, the
impact of the availability of interpreters on access to justice and
on court administration and efficiency.

(i) Nothing in this chapter shall limit or restrict courts from
providing interpreters in civil proceedings when those services
are already being provided or in matters in which the judicial
officer deems it necessary to appoint an interpreter.

(j) Nothing in this chapter shall alter or negate the application
of the Trial Court Interpreter Employment and Labor Relations
Act (Chapter 7.5 (commencing with Section 71800) of Title 8 of
the Government Code) to the provision of interpreters pursuant
to this section.

(k) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

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begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Section 68567 is added to the Government Code, to
read:

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68567.  

(a) On or before March 1, 2014, the Judicial Council
shall establish the California Language Access Task Force, which
shall be responsible for developing a comprehensive statewide
Language Access Plan (LAP) for use by courts to address the needs
of all limited-English-proficient individuals in conformance with
state and federal law.

(b) The task force shall include court executive officers,
presiding judges, interpreter coordinators, interpreters, at least two
of whom shall be nominated by an exclusive representative of
interpreter employees, representatives of legal services
organizations and organizations representing individuals with
limited English proficiency, and others the Judicial Council
determines necessary. The task force shall also include a
representative from a rural community in order to highlight the
particular challenges of providing court interpreter services in rural
communities.

(c) In developing the LAP, the task force shall do all of the
following:

(1)

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begin insert 68567. end insert   

end insert begin insert

(a) (1) The working group described in Section 756
of the Evidence Code shall act as an advisory body to any Judicial
Council committee, advisory board, or joint committee charged
with developing a comprehensive statewide Language Access Plan.

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(2) In advising a Judicial Council committee, advisory board,
or joint committee, the working group shall make recommendations
for all of the following:

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begin insert (A) end insert   begin delete Establish end delete begin insert Establishing end insert standards for meaningful and timely
provision of language services in all court proceedings and at all
public points of contact within the courts.

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(2)

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begin insert (B) end insert   begin delete Establish end delete begin insert Establishing end insert procedures for gathering
comprehensive data on the language access needs of court users,
including, but not limited to, providing a means of registering an
individual’s language needs in court documents. These procedures
should provide metrics on the need for interpreter services in court
proceedings and ancillary programs and services.

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(3)

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begin insert (C) end insert   begin delete Review end delete begin insert Reviewing end insert current court interpreter procedures and
begin delete recommend end delete begin insert recommending end insert improvements or additional procedures
to provide the most competent interpreter services to
limited-English-proficient court users and to ensure compliance
with Rule 2.890 of the California Rules of Court.

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(4)

end delete

begin insert (D) end insert   begin delete Review end delete begin insert Reviewing end insert current court procedures and begin delete recommend end delete
begin insert recommending end insert improvements or additional procedures to maximize
existing language resources, including bilingual staff, court
interpreters, translators, and other resources shared among courts
to expand access to language services at all public points of contact
within the courts.

begin delete

(5)

end delete

begin insert (E) end insert   begin delete Review end delete begin insert Reviewing end insert current practices and begin delete develop end delete begin insert developing end insert
strategies to provide interpreter services that comply with the Trial
Court Interpreter Employment and Labor Relations Act (Chapter
7.5 (commencing with Section 71800) of Title 8) in all court
proceedings. The review may include the evaluation of any
programs providing interpreters in domestic violence cases or other
civil cases, including any pilot projects.

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(6)

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begin insert (F) end insert   begin delete Establish end delete begin insert Establishing end insert a statewide plan to provide for the
translation of court documents using competent and qualified
interpreters.

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(7)

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begin insert (G) end insert   begin delete Establish end delete begin insert Establishing end insert a plan to provide education and
training to judicial officers, court personnel, and court-appointed
professionals on the legal requirements for language access, court
policies and rules pertaining to language access, language service
provider qualifications, ethics pertaining to interpreter services,
the effective use of translated court documents, and effective
techniques for working with language service providers.

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(8)

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begin insert (H) end insert   begin delete Review and consider end delete begin insert Reviewing and considering end insert the
American Bar Association’s Standards for Language Access in
Courts, as adopted February 2012.

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(b) The working group shall be consulted before any committee
of the Judicial Council brings recommendations to allocate any
surplus funds appropriated for interpreter services or to adopt
any policy regarding the reimbursement of the courts for
interpreter expenditures from the funds appropriated for that
purpose.

end insert begin insert

(c) On or before September 1, 2014, the Judicial Council and
its advisory bodies shall submit an interim report to the
Legislature, which shall include the status of its efforts and
completion date for the Language Access Plan.

end insert begin insert

(d) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

end insert begin delete

(d) On or before September 1, 2014, the task force shall provide
the LAP to the Judicial Council.

end delete begin delete

(e) On or before December 31, 2014, the Judicial Council shall
adopt a statewide LAP based on the LAP provided by the task
force.

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(f) The requirements of this section shall be implemented upon
the appropriation of funding for these purposes in the annual
Budget Act or another statute.

end delete