BILL ANALYSIS Ó
AB 2370
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Date of Hearing: May 6, 2014
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
AB 2370 (Chau) - As Amended: March 28, 2014
As Proposed to be Amended
SUBJECT : COURT INTERPRETERS
KEY ISSUE : SHOULD THE QUALIFICATIONS OF COURT INTERPRETERS BE
BETTER DOCUMENTED TO ADDRESS CONCERNS ABOUT MISREPRESENTATIONS?
SYNOPSIS
This bill seeks to improve court interpreter services by
requiring that certain facts consistent with existing law be
stated on the record when a court engages a non-certified or
non-registered interpreter to provide services. Supporters
believe that some of the persons so engaged are not in fact
qualified to serve as interpreters under existing requirements.
By requiring that the name and qualifications of interpreters be
stated on the record, it is expected that potential
misrepresentations to the court will be deterred or detected,
thereby improving the quality of court interpretation.
SUMMARY : Requires specified information to be stated on the
record when a non-certified or non-registered court interpreter
is used. Specifically, this bill :
1)Requires the judge in a court proceeding, when using a
non-certified or registered interpreter, to require the name
of the interpreter and a statement that he or she meets the
qualification requirements specified to be stated on the
record.
2)Requires the judge in a court proceeding when using a
certified or registered court reporter, to state on the
record, other things, the name of the interpreter, the status
of his or her interpreter certification, and a statement that
the interpreter's oath was administered to the interpreter, or
that he or she has an oath on file with the court, as
specified.
EXISTING LAW :
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1)Provides for the regulation of court interpreters, and
requires the Judicial Council to designate the languages for
which certification programs shall be established.
(Government Code section 68562.)
2)Provides that any person who interprets in a court proceeding
using a language designated by the Judicial Council is
required to be a certified court interpreter for the language
used. (Government Code section 68561.)
3)Authorizes the court, for good cause, to appoint an
interpreter who does not hold an interpreter certificate for a
designated language and authorizes a person who interprets in
a court proceeding using a language not designated by the
Judicial Council to be qualified by the court under
qualification procedures and guidelines adopted by the
council. (Government Code section 68561.)
4)Requires interpreters to establish to the court that they meet
the requirements described above under procedures adopted by
the Judicial Council and also requires the court record to
show that the interpreter is a certified interpreter or
qualified as an interpreter for good cause or for a
non-designated language, as specified. (Government Code
section 68564.)
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
COMMENTS : The author explains the rationale for the bill as
follows:
AB 2370 establishes a procedure for courts to better
identify certified interpreters in all court proceedings.
Nearly seven million Californians cannot access the courts
without significant language assistance. As the population
of limited English proficient individuals and the demand
for court interpreters increases in California, and as the
Judicial Council continues to take action to expand the use
of certified court interpreters to meet federal compliance
standards, it is crucial to have identification procedures
in place for judges to better verify the qualifications of
interpreters in court proceedings.
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Under current law, local courts are required to follow
procedures to identify certified v. non-certified
interpreters. Non-certified interpreters may only be
assigned when a certified interpreter is unavailable.
A certified interpreter must take an oath that he or she
will make a true interpretation of the court proceeding
with his or her best skill and judgment. This oath is
administered by a judge and a written oath is then signed
by the interpreter and put on file. This process is known
as having an "oath on file" and provides efficiency so that
a new oath does not have to be administered during each
court proceeding. Having an 'oath on file' is also the
courts way of identifying certified interpreters v.
non-certified interpreters.
However, there is no statutory requirement for a judge to
verify the qualifications of an interpreter who claims to
be certified, or claims to have an "oath on file."
Instead, non-certified interpreters often say they have an
oath on file, thus giving a false impression that they are
certified. This results in judges struggling to recognize
when an interpreter is actually certified and when there is
a need to follow court procedures for qualifying a
non-certified interpreter.
Ensuring that a certified interpreter has a certification
number, certification status, and badge or photo
identification would increase the accuracy of determining
whether the court proceeding has received services from a
certified interpreter or a non-certified interpreter.
AB 2370 would increase accountability for the use of
certified court interpreters and prevents any
misrepresentation of certification by requiring a judge to
direct the certified interpreter to state, for the record,
their name and certification status, show photo
identification, identify the language that will be
interpreted and verify the filing of their oath with the
court.
This Bill Would Create A Record of Compliance With Existing
Rules Requiring Use of Qualified Interpreters. Existing law
provides that any person who interprets in a court proceeding
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using a language designated by the Judicial Council is generally
required to be a certified court interpreter for the language
used, but authorizes the court for good cause to appoint an
interpreter who is not certified or registered to be qualified
by the court under qualification procedures and guidelines
adopted by the council. Existing law requires interpreters to
establish to the court that they meet the specified criteria,
and requires the court record to show that the interpreter is a
certified interpreter or qualified as an interpreter for good
cause or for a non-designated language, as specified.
This bill is prompted by concerns that existing requirements are
either not being followed or are not being properly
demonstrated. According to the sponsor, California Federation
of Interpreters, some persons engaged by the courts to provide
interpreter services have deceived the courts by misrepresenting
their status and qualifications. CFI contends that this bill
would increase accuracy, accountability and supervision.
Author's Technical Amendments . To clarify the intent of the
measure, the author proposes the following technical amendments.
Section 68561 of the Government Code is amended to read:
(f) If a court uses a qualified interpreter qualified pursuant
to subdivision (c) or (d), the presiding judge in the court
proceeding shall require the following to be stated on the
record:
(1) The name of the qualified interpreter.
(2) A statement that the qualified interpreter meets the
requirements of subdivision (c) or (d).
(g) If a court uses a certified or registered court interpreter,
as defined by Section 68566, the presiding judge in the court
proceeding shall require the following to be stated on the
record:
(1) The name of the certified or registered court interpreter,
as listed on his or her court interpreter certification.
(2) The status of his or her interpreter certification or
registration, including his or her current certification or
registration number.
(3) A statement that the certified or registered court
interpreter has presented photo identification or a certified
interpreter identification badge to the court.
(4) The language to be interpreted.
(5) A statement that the interpreter's oath was administered to
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the certified or registered court interpreter or that he or she
has an oath on file with the court.
REGISTERED SUPPORT / OPPOSITION :
Support
California Federation of Interpreters (sponsor)
Opposition
None on file
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334