BILL ANALYSIS �
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THIRD READING
Bill No: AB 2370
Author: Chau (D)
Amended: 6/24/14 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-0, 6/17/14
AYES: Jackson, Corbett, Lara, Leno, Monning, Vidak
NO VOTE RECORDED: Anderson
ASSEMBLY FLOOR : 62-12, 5/19/14 - See last page for vote
SUBJECT : Court interpreters
SOURCE : California Federation of Interpreters
DIGEST : This bill requires specified information, including
name and language to be interpreted, to be stated on the record
when the court appoints a qualified, certified, or registered
court interpreter in a court proceeding or deposition. The
information must be specific to whether the interpreter being
used is a certified or registered court interpreter, or is a
qualified interpreter where a certified or registered court
interpreter is unavailable.
ANALYSIS :
Existing law:
1.Provides that except for good cause, any person who interprets
in a court proceeding using a language designated by the
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Judicial Council (Council) pursuant to specified law, shall be
a certified court interpreter as defined, for the language
used. Provides that a court may for good cause appoint an
interpreter for a language designated by the Council who does
not hold a court interpreter certificate and that the court
must follow the good cause and qualification procedures and
guidelines adopted by the Council.
2.Provides that any person who interprets in a court proceeding
using a language not designated by the Council shall be
qualified by the court pursuant to the qualification
procedures and guidelines adopted by the Council. If this
qualified interpreter also passes an English fluency
examination offered by a testing entity approved by the
Council, the person shall be designated a "registered
interpreter."
3.Requires that interpreters establish to the court that they
meet the requirements above under procedures adopted by the
Council. The court record shall show that the interpreter:
(a) is a certified court interpreter, as defined, for the
language used; or (b) was qualified by the court, as specified
under existing law above, after a finding of good cause, or
pursuant to existing law above, where the language is not
designated by Council.
4.Provides that a natural person who either: (a) holds a valid
certificate as a certified court interpreter issued by a
certification entity approved by the Council; or (b) until
January 1, 1996, is named and maintained on the list of
recommended court interpreters previously established by the
State Personnel Board or established by an entity
provisionally approved under existing law, shall be designated
a "certified court interpreter." Prohibits any other person
or entity from using the title "certified court interpreter"
or representing that he/she or it is certified to interpret in
or for the courts.
5.Requires the Council to adopt rules and standards to implement
the law on court interpreter services.
This bill:
1.Provides that in any court proceeding, if a court appoints a
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qualified interpreter, as specified, the judge must require
the following to be stated on the record:
A finding that a certified or registered court
interpreter is not available;
The name of the qualified interpreter;
A statement that the qualified interpreter meets the
requirements of existing law, as specified, and that the
required procedures and guidelines adopted by the Council
have been followed; and
A statement that the interpreter's oath was administered
to the qualified interpreter pursuant to the procedures and
guidelines adopted by the Council.
1.Provides that in any court proceeding, if a court uses a
certified court interpreter, as defined under existing law, or
a registered court interpreter, the judge in the court
proceeding must require the following to be stated on the
record:
The name of the certified or registered court
interpreter, as listed on his/her court interpreter
certification or registration;
The status of his/her interpreter certification or
registration, including his/her current certification or
registration number;
A statement that the certified or registered court
interpreter's identification has been verified by the court
using a certified or registered interpreter identification
badge issued by the Council or other documentation that
verifies the interpreter's certification or registration
accompanied by photo identification;
The language to be interpreted; and
A statement that the interpreter's oath was administered
to the certified or registered court interpreter or that
he/she has an oath on file with the court.
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1.Provides that in a deposition where a judge is not present to
fulfill the above requirements, a certified or registered
interpreter shall state all of the following for the record:
His/her qualifications, including his/her name and
certification or registration number;
A statement that the interpreter's oath was administered
to him/her or that he/she has an oath on file with the
court; and
A statement that he/she has presented both parties the
interpreter certification or registration badge issued to
him/her by the Council or other documentation that verifies
his/her certification or registration accompanied by photo
identification.
Background
Both federal and state law prohibit any person, on the basis of
race, national origin, ethnic group identification, religion,
age, sex, sexual orientation (state law only), color, genetic
information (state law only) or disability, from being
unlawfully excluded from participation in, being denied the
benefits of, or being subjected to discrimination under any
program or activity that is funded by the state or receives
federal financial assistance. This includes conduct that has a
disproportionate effect upon persons of limited-English
proficiency.
California is home to a vast number of non-English and
limited-English speakers. Dating back to at least 1992, the
state Legislature has statutorily recognized "that the number of
non-English-speaking persons in California is increasing, and
recognizes the need to provide equal justice under the law to
all California citizens and residents and to provide for their
special needs in their relations with the judicial and
administrative law system." Furthermore, the 2010 census
demonstrated that this state is one of the most diverse in the
nation with 38% of its population being Hispanic, 13% Asian, and
6% African American. In addition, the census reflected that 27%
of Californians (9.9 million) are foreign born with 20% of the
population considered to have limited-English proficiency.
Meaningful access to the courts for these individuals, as
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required under law, hinges on the services of court reporters
who possess the requisite skills to accurately translate legal
proceedings between the court, the attorney, and the non-English
speaker.
To facilitate non-English speaking individuals' access to
justice, California law provides for the certification and
registration of court interpreters, and permits the use of
qualified interpreters where no certified or registered court
reporters are available.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/24/14)
California Federation of Interpreters (source)
California Immigrant Policy Center
ARGUMENTS IN SUPPORT : The California Federation of
Interpreters (CFI), the sponsor of this bill, writes that the
bill will "increase the accuracy in determining whether a court
proceeding has received services for a certified court
interpreter by establishing a comprehensive procedure for courts
to better identify certified interpreters." CFI adds that
"[w]hile the landscape for language access standards nationwide
is changing, due to the U.S. Department of Justice's enforcement
of language access requirements, California's Judicial Council
has taken action to begin expanding the use of certified court
interpreters to meet federal compliance standards. However,
current identification standards, established by Rule of Court
2.893, have been ineffective in directing local courts on the
best practice for identifying the certification of a court
interpreter. Without comprehensive procedures, judges have
struggled to recognize when an interpreter is not certified and
when there is a need to follow court procedures for qualifying a
non-certified interpreter for a court proceeding."
ASSEMBLY FLOOR : 62-12, 5/19/14
AYES: Achadjian, Alejo, Ammiano, Bloom, Bocanegra, Bonilla,
Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Ch�vez, Chesbro, Cooley, Dababneh, Dahle, Daly, Dickinson,
Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez,
Gordon, Gorell, Gray, Grove, Hall, Roger Hern�ndez, Holden,
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Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Medina,
Melendez, Mullin, Muratsuchi, Pan, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Weber, Wieckowski,
Williams, Yamada, Atkins
NOES: Allen, Bigelow, Conway, Donnelly, Beth Gaines, Hagman,
Harkey, Jones, Logue, Olsen, Wagner, Waldron
NO VOTE RECORDED: Mansoor, Nazarian, Nestande, Patterson, Wilk,
Vacancy
AL:ke 6/24/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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