AB 2370, as amended, Chau. Court interpreters.
Existing law provides for the regulation of court interpreters, and requires the Judicial Council to designate the languages for which certification programs shall be established.begin delete Anyend deletebegin insert Existing law provides that anyend insert 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. Existing law authorizes the court, for good cause, to appoint an interpreter who does not hold an interpreter certificate for a designated language. Existing law 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 thebegin delete councilend deletebegin insert Judicial Council, and to be designated as a registered interpreter if he or she passes an approved English fluency examinationend insert. Existing law 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 nondesignated language, as specified.
This bill would additionally require thebegin delete presidingend delete judge in a court proceeding, when using a qualified interpreter, to require the name of the interpreter and a statement that he or she
meets the qualification requirements specified above to be stated on the record. When using a certifiedbegin insert or registeredend insert courtbegin delete reporterend deletebegin insert interpreterend insert, the bill would require, among other things, the name of the interpreter, the status of his or her interpreter certificationbegin insert or registrationend insert, 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, to be stated on the record.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 68561 of the Government Code is
2amended to read:
(a) Except for good cause as provided in subdivision
4(c), a person who interprets in a court proceeding using a language
5designated by the Judicial Council pursuant to subdivision (a) of
6Section 68562 shall be a certified court interpreter, as defined in
7Section 68566, for the language used.
8(b) Interpreters named and maintained on the list of
9recommended court interpreters previously established by the State
10Personnel Board or established by an entity provisionally approved
11pursuant to subdivision (b) of Section 68562 shall be deemed
12certified pursuant to this article until January 1, 1996. After that
13date, those interpreters shall not be deemed
certified unless they
14have complied with the procedures for certification adopted
15pursuant to subdivision (c) of Section 68562. Interpreters approved
16by the State Personnel Board or any other agency or entity for use
17in administrative hearings or nonjudicial settings shall not be
18deemed certified as court interpreters. These interpreters shall not
19be used in court proceedings unless they are qualified by the court
20pursuant to subdivision (c) or (d).
21(c) A court may for good cause appoint an interpreter for a
22language designated by the Judicial Council who does not hold a
23court interpreter certificate. The court shall follow the good cause
P3 1and qualification procedures and guidelines adopted by the Judicial
2Council.
3(d) A person who interprets in a court proceeding using a
4language
not designated by the Judicial Council shall be qualified
5by the court pursuant to the qualification procedures and
guidelines
6adopted by the Judicial Council. If this qualified interpreter also
7passes an English fluency examination offered by a testing entity
8approved by the Judicial Council, this person shall be designated
9a “registered interpreter.”
10(e) Interpreters shall establish to the court that they meet the
11requirements of this section under procedures adopted by the
12Judicial Council. The court record shall show that the interpreter
13(1) is a certified court interpreter as defined by Section 68566 for
14the language used, or (2) was qualified by the court under
15subdivision (c), after a finding of good cause, or under subdivision
16(d), if the language is not designated by the Judicial Council.
17(f) If a court usesbegin delete a qualifiedend deletebegin insert
anend insert interpreterbegin insert who is qualifiedend insert
18 pursuant to subdivision (c) or (d), thebegin delete presidingend delete judge in the court
19proceeding shall require the following to be stated on the record:
20(1) The name of the qualified interpreter.
21(2) A statement that the qualified interpreter meets the
22requirements of subdivision (c) or (d).
23(g) If a court uses a certified court interpreter, as defined by
24Section 68566,begin insert or a registered court interpreter,end insert thebegin delete presidingend delete
25
judge in the court proceeding shall require the following to be
26stated on the record:
27(1) The name of the certifiedbegin insert or registeredend insert court interpreter, as
28listed on his or her court interpreter certificationbegin insert or registrationend insert.
29(2) The status of his or her interpreter certificationbegin insert or
30registrationend insert, including his or her current certificationbegin insert or
31registrationend insert number.
32(3) A statement that the certifiedbegin insert or registeredend insert court interpreter
33has presented photo identification or a certifiedbegin insert or registeredend insert
34 interpreter identification badge to the court.
35(4) The language to be interpreted.
36(5) A statement that the interpreter’s oath was administered to
37the certifiedbegin insert or registeredend insert court interpreter or that he or she has an
38oath on file with the court.
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