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. Existing law 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.begin delete Existingend delete
begin insertExistingend insert 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 the Judicial Council, and to be designated as a registered interpreter if he or she passes an approved English fluency examination. 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 abegin delete judge in any court proceeding, when using a qualified interpreter, toend deletebegin insert judge, in any proceeding in which the court appoints an interpreter
who does not hold an interpreter certificate for a designated language, or who is qualified to interpret using a nondesignated language but is not registered, toend insert
have stated on the record a finding that a certified or registered interpreter is not available, the name of the interpreter, and a statement that he or she meets the qualification requirements specified above, and that the interpreter’s oath was administered to the qualified interpreter, as specified. The bill would also require a judge in any court proceeding, when using a certified or registered court interpreter, to have stated on the record the name of the interpreter, his or her current interpreter certification or registration number, the language to be interpreted, a statement that the certified or registered interpreter’s identification has been verified by the court, and a statement that the interpreter’s oath was administered to him or her, or that he or she has an oath on file with the court, as specified. The bill would requirebegin delete similar information to be statedend deletebegin insert
certified or registered interpreters to state similar informationend insert for the record in depositions where a judge is not present, as specified.
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
P3 1certified pursuant to this article until January 1, 1996. After that
2date, those interpreters shall not be deemed certified
unless they
3have complied with the procedures for certification adopted
4pursuant to subdivision (c) of Section 68562. Interpreters approved
5by the State Personnel Board or any other agency or entity for use
6in administrative hearings or nonjudicial settings shall not be
7deemed certified as court interpreters. These interpreters shall not
8be used in court proceedings unless they are qualified by the court
9pursuant to subdivision (c) or (d).
10(c) A court may for good cause appoint an interpreter for a
11language designated by the Judicial Council who does not hold a
12court interpreter certificate. The court shall follow the good cause
13and qualification procedures and guidelines adopted by the Judicial
14Council.
15(d) A person who interprets in a court proceeding using a
16language
not designated by the Judicial Council shall be qualified
17by the court pursuant to the qualification procedures and guidelines
18adopted by the Judicial Council. If this qualified interpreter also
19passes an English fluency examination offered by a testing entity
20approved by the Judicial Council, this person shall be designated
21a “registered interpreter.”
22(e) Interpreters shall establish to the court that they meet the
23requirements of this section under procedures adopted by the
24Judicial Council. The court record shall show that the interpreter
25(1) is a certified court interpreter as defined by Section 68566 for
26the language used, or (2) was qualified by the court under
27subdivision (c), after a finding of good cause, or under subdivision
28(d), if the language is not designated by the Judicial Council.
29(f) In any court proceeding, if a courtbegin delete usesend deletebegin insert appointsend insert an interpreter
30begin delete who is qualifiedend delete pursuant to subdivisionbegin delete (c) or (d),end deletebegin insert (c), or an
31interpreter pursuant to subdivision (d) who is not registered,end insert the
32judge in the court proceeding shall require the following to be
33stated on the record:
34(1) A finding that a certified or registered interpreter is not
35available.
36(2) The name of the qualified interpreter.
37(3) A statement that the qualified interpreter meets the
38requirements of subdivision (c) or (d) and that the required
39procedures and guidelines adopted by the Judicial Council have
40been followed.
P4 1(4) A statement that the interpreter’s oath was administered to
2the qualified interpreter pursuant to the procedures and guidelines
3adopted by the Judicial Council.
4(g) In any court proceeding, if a court uses a certified court
5interpreter, as defined by Section 68566, or a registered court
6interpreter, the judge in the court proceeding shall require the
7following to be stated on the record:
8(1) The name of
the certified or registered court interpreter, as
9listed on his or her court interpreter certification or registration.
10(2) His or her current certification or registration number.
11(3) A statement that the certified or registered court
interpreter’s
12identification has been verified by the court using a certified or
13registered interpreter identification badge issued by the Judicial
14Council or other documentation that verifies the interpreter’s
15certification or registration accompanied by photo identification.
16(4) The language to be interpreted.
17(5) A statement that the interpreter’s oath was administered to
18the certified or registered court interpreter or that he or she has an
19oath on file with the court.
20(h) (1) In a deposition where a judge is not present to fulfill the
21requirements specified in subdivision (f), an interpreter who is
22qualified pursuant to subdivision (c)
or (d) shall state all of the
23following for the record:
24(A) His or her name.
25(B) The language to be interpreted.
26(C) A statement that the interpreter’s oath was administered.
27(D) A statement that all Judicial Council procedures and
28guidelines have been followed.
29(2)
end delete
30begin insert(h)end insert In a deposition where a judge is not present to fulfill the
31requirements specified in subdivision (g), a certified or registered
32interpreter shall state all of the following for the record:
33(A)
end delete
34begin insert(1)end insert His or her qualifications, including his or her name and
35certification or registration number.
36(B)
end delete
37begin insert(2)end insert A statement that the interpreter’s oath was administered to
38him or her or that he or she has an oath on file with the court.
39(C)
end delete
P5 1begin insert(3)end insert A statement that he or she has presented to both parties the
2interpreter certification or registration badge issued to him or her
3by the Judicial Council or other documentation that verifies his or
4her certification or registration accompanied by photo
5identification.
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