68560-68566
GOVERNMENT CODE
SECTION 68560-68566
68560. The Legislature finds and declares that:
(a) Resolution Chapter 179 of the Statutes of 1973 requested the
Judicial Council of California to undertake a comprehensive survey of
the language needs of California citizens and residents in relation
to the judicial process.
(b) The Judicial Council performed this undertaking with the aid
and assistance of a special advisory committee appointed by the Chief
Justice of California and significant work was done by a private
consultant under contract to the Judicial Council.
(c) During 1976 and 1977, the Judicial Council submitted to the
Legislature a series of detailed reports identifying specific
language needs of California citizens and residents, describing
language services that had been provided by California's justice
system, indicating special problem areas in need of solution, and
setting forth specific objectives to be achieved by providing
adequate interpreter services to non-English-speaking citizens and
residents in California. These reports resulted in adoption of this
article by Chapter 158 of the Statutes of 1978.
(d) In 1990 the Chief Justice of California appointed the Judicial
Council Advisory Committee on Court Interpreters to propose actions
to the Judicial Council to (1) improve the quality of interpreter
services provided to courts, (2) increase the number of available,
qualified court interpreters, and (3) provide non-English-speaking
persons with increased access to the court system. At the request of
the advisory committee, the Judicial Council proposed to the
Legislature changes in this article to clarify the law, to create a
program to certify court interpreters, and to coordinate programs for
interpreter recruiting, training, testing, certification, and
continuing education and evaluation.
(e) The Legislature recognizes 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.
(f) Competent interpreter services in the courts and judicial and
administrative agencies should be provided through programs to
recruit, train, test, certify, and evaluate interpreters. Continuing
education and evaluation would also help ensure adequate interpreter
services to the courts.
(g) To plan, monitor, and coordinate interpreter services,
reliable and uniform data are needed on the continuing use of and
need for interpreters in the courts.
68560.5. As used in this article:
(a) "Court proceeding" means a civil, criminal, or juvenile
proceeding, or a deposition in a civil case filed in a court of
record. However, "court proceeding" does not include a small claims
proceeding.
(b) "Interpreter" does not include (1) an interpreter qualified
under Section 754 of the Evidence Code to interpret for deaf or
hearing impaired persons, or (2) an interpreter qualified for
administrative hearings or noncourt settings under Article 8
(commencing with Section 11435.05) of Chapter 4.5 of Part 1 of
Division 3 of Title 2.
68561. (a) Except for good cause as provided in subdivision (c),
any person who interprets in a court proceeding using a language
designated by the Judicial Council under subdivision (a) of Section
68562 shall be a certified court interpreter as defined in Section
68566 for the language used.
(b) Interpreters named and maintained on the list of recommended
court interpreters (1) previously established by the State Personnel
Board, or (2) established by an entity provisionally approved under
subdivision (b) of Section 68562, shall be deemed certified under
this article until January 1, 1996. After that date, those
interpreters shall not be deemed certified unless they have complied
with the procedures for certification adopted under subdivision (c)
of Section 68562. Interpreters approved by the State Personnel Board
or any other agency or entity for use in administrative hearings or
nonjudicial settings shall not be deemed certified as court
interpreters. These interpreters also shall not be used in court
proceedings unless they are qualified by the court under subdivision
(c) or (d).
(c) A court may for good cause appoint an interpreter for a
language designated by the Judicial Council who does not hold a court
interpreter certificate. The court shall follow the good cause and
qualification procedures and guidelines adopted by the Judicial
Council.
(d) Any person who interprets in a court proceeding using a
language not designated by the Judicial Council shall be qualified by
the court under the qualification procedures and guidelines adopted
by the Judicial Council. If this qualified interpreter also passes an
English fluency examination offered by a testing entity approved by
the Judicial Council, this person shall be designated a "registered
interpreter."
(e) Interpreters shall establish to the court that they meet the
requirements of this section under procedures adopted by the Judicial
Council. The court record shall show that the interpreter (1) is a
certified court interpreter as defined by Section 68566 for the
language used, or (2) was qualified by the court under subdivision
(c), after a finding of good cause, or under subdivision (d), if the
language is not designated by the Judicial Council.
68562. (a) The Judicial Council shall designate the languages for
which certification programs shall be established under subdivision
(b). The language designations shall be based on (1) the courts'
needs as determined by the language and interpreter use and need
studies under Section 68563, (2) the language needs of
non-English-speaking persons in the courts, and (3) other information
the Judicial Council deems relevant.
(b) By July 1, 1996, the Judicial Council shall approve one or
more entities to certify Spanish language interpreters and
interpreters for as many other languages designated under subdivision
(a) as practicable by that date. The Judicial Council may give
provisional approval to an entity to examine interpreters and
establish a list of recommended court interpreters pending final
approval of one or more certification entities. Certification
entities may include educational institutions, testing organizations,
joint powers agencies, or public agencies.
The Judicial Council shall adopt and publish guidelines,
standards, and procedures to determine which certification entities
will be approved to test and certify interpreters.
(c) The Judicial Council shall develop and implement procedures to
administer the list of recommended court interpreters previously
established by the State Personnel Board and the list established by
an entity provisionally approved under subdivision (b).
The Judicial Council shall develop procedures and standards for
certifying without reexamination interpreters on the list of
recommended court interpreters (1) previously established by the
State Personnel Board, or (2) established by an entity provisionally
approved under subdivision (b). Certification of these interpreters
shall be based on criteria determined by the Judicial Council, such
as recent interpreting experience, performance in court or at
administrative hearings, training, and continuing education.
(d) The Judicial Council shall adopt standards and requirements
for interpreter proficiency, continuing education, certification
renewal, and discipline. The Judicial Council shall adopt standards
of professional conduct for court interpreters.
(e) The Judicial Council shall adopt programs for interpreter
recruiting, training, and continuing education and evaluation to
ensure that an adequate number of interpreters is available and that
they interpret competently.
(f) The Judicial Council shall establish guidelines for fees or
shall set and charge fees for applications to take the court
interpreter examinations, for renewal of certifications, for
certification of interpreters on the list of recommended court
interpreters, for maintaining interpreters on the recommended list
until January 1, 1996, and for other functions and services provided
under this article. All fees and other revenues received by the
Judicial Council under this article shall be transferred promptly to
the Controller, and shall be placed in the Court Interpreters' Fund,
which is hereby created, the moneys in which shall be available to
carry out the purposes of this article upon appropriation by the
Legislature.
(g) Each superior court may adopt local rules to impose additional
requirements, standards, examinations, and programs as necessary for
equity or to recognize local conditions.
68563. The Judicial Council shall conduct a study of language and
interpreter use and need in court proceedings, with commentary, and
shall report its findings and recommendations to the Governor and to
the Legislature not later than July 1, 1995, and every five years
thereafter. The study shall serve as a basis for (1) determining the
need to establish interpreter programs and certification
examinations, and (2) establishing these programs and examinations
through the normal budgetary process. The study shall also serve as a
basis for (1) determining ways in which the Judicial Council can
make available to the public, through public service announcements
and otherwise, information relating to opportunities, requirements,
testing, application procedures, and employment opportunities for
interpreters, and (2) establishing and evaluating these programs
through the normal budgetary process.
68564. The Judicial Council shall adopt rules and standards to
implement this article and shall establish the following:
(a) Standards for determining the need for a court interpreter in
particular cases.
(b) Standards for ensuring a court interpreter's understanding of
the legal and technical terminology and procedures used in the
courts.
(c) Procedures for certified interpreters to establish their
qualifications on the court record, pursuant to subdivision (e) of
Section 68561.
(d) Procedures and guidelines for determining good cause to
appoint an interpreter for a language designated by the Judicial
Council who is not certified, and for qualifying such an interpreter,
pursuant to subdivision (c) of Section 68561.
(e) Procedures and guidelines for qualifying an interpreter for a
language not designated by the Judicial Council, pursuant to
subdivision (d) of Section 68561.
(f) Rules, standards, and legal forms for establishing on the
record an interpreter's qualifications, and for establishing on the
record the court's efforts to obtain a certified court interpreter if
the court proposes using an interpreter who is not a certified court
interpreter.
(g) A procedure for Judicial Council and local court review of
each court interpreter's skills and for reporting to the
certification entity the results of the review.
68565. (a) The Judicial Council may establish a court interpreters
advisory panel to assist the council in performing its duties under
this article. The panel shall include a majority of court
interpreters and may include judges and court administrators, members
of the bar, and others interested in interpreter services in the
courts. The panel shall develop operating guidelines and procedures
for Judicial Council approval.
(b) The panel shall seek the advice of judges, attorneys, court
administrators, court interpreters, providers of legal services, and
individuals and organizations representing the interests of foreign
language users.
(c) Panel members shall receive no compensation for their services
but shall be allowed necessary expenses for travel, board, and
lodging incurred in the discharge of their duties under the rules
adopted by the California Victim Compensation and Government Claims
Board.
68566. A natural person who either (1) holds a valid certificate as
a certified court interpreter issued by a certification entity
approved by the Judicial Council, or (2) 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 subdivision (b) of Section
68562, shall be designated a "certified court interpreter." No other
person or entity shall use the title "certified court interpreter" or
represent that he or she or it is certified to interpret in or for
the courts.