B2 Supreme Court Rule for Interpreters

B2. SUPREME COURT RULE FOR INTERPRETERS

USE OF INTERPRETERS FOR NON-ENGLISH SPEAKING PERSONS Pursuant to the inherent powers of the Court and the Georgia Constitution of 1983, and in order to secure the rights of non-English speaking persons, this Court now promulgates the following rules to establish a statewide plan for the use of interpreters by the Courts of Georgia.

I. DEFINITIONS

(A) "Non-English Speaker" means any party or witness who cannot readily understand or communicate in spoken English and who consequently cannot equally participate in or benefit from the proceedings unless an interpreter is available to assist him or her. The fact that a person for whom English is a second language knows some English should not prohibit that individual from being allowed to have an interpreter;

(B) "Interpreter" means any person certified as an interpreter by the Georgia Commission on Interpreters; any person on the registered interpreters' list; or any person authorized by a Court to translate or interpret oral or written communication in a foreign language during court proceedings.

(C) "Court Proceedings" means a proceeding before any court of this State or a Grand Jury hearing.

(D) Uniform Rule for Use of Interpreters is found in Appendix A.

(E) Requirements for Certification, Registration and Training of Interpreters are found in Appendix B.

(F) Ethical Standards for Interpreters are found in Appendix C.

Commentary: Courts should make a diligent effort to appoint a Certified interpreter. If a Certified interpreter is unavailable, a Registered interpreter is to be given preference. There will be occasions when it is necessary to utilize a telephonic language service or a less qualified interpreter. Faced with a need, where no interpreter is available locally, courts should weigh the need for immediacy in conducting a hearing against the potential compromise of due process, or the potential of substantive injustice, if interpreting is inadequate. Unless immediacy is a primary concern, some delay might be more appropriate than the use of a telephonic language service.

Cases - A criminal defendant's due process right to be present at trial is violated when one who cannot effectively communicate in English is not provided with an interpreter. When the absence of an interpreter is challenged in a motion for new trial, the Court must state and explain its findings. [Ling v. State, 288 Ga. 299, 702 SE2d 881 2010)]. It is an abuse of discretion to appoint interpreter who is neither certified nor registered as an interpreter without: ensuring that the person appointed is qualified to serve as an interpreter, apprising the appointee of the role s/he is to play, verifying the appointee's understanding of the role, and without having the appointee agree in writing to comply with the interpreters' code of professional responsibility. Failure to object to qualifications is waiver. [Ramos v. Terry,279 Ga. 889, 622 SE2d 339 (2005); compare Hersi, 257 Ga.App. 63, 570 SE2d 365 (2002)]. Leading questions may be permitted for a witness with limited English understanding [Dumas, 283 Ga.App. 279, 641 SE2d 271 (2007)].

Non-court proceedings, such as Miranda rights given suspect, are not subject to this rule -standard is a general showing of understanding [Delacruz, 280 Ga. 392, 627 SE2d 579 (2006)]. Use of interpreter doesn't create hearsay [Cuyuch, 286 Ga.App. 629(1(a)), 649 SE2d 856 (Ct. App. #A070782, 8/3/2007), rev'd on other grounds 284 Ga. 290, 667 SE2d 85 (2008) (language line - objector must show motive for false translation)].

II. CENTRAL ORGANIZATION:

There is hereby created the Georgia Commission on Interpreters for Non-English Speakers:

(A) The Georgia Commission on Interpreters for Non-English speakers will consist of: the current Chief Justice of the Georgia Supreme Court or the Chief Justice's designee, a judge of the Court of Appeals, a Superior Court Judge, a State Court Judge, a Juvenile Court Judge, a Probate Court Judge, a Magistrate Court Judge, a Municipal Court Judge, a designee of the State Bar of Georgia, one member from the Georgia General Assembly, four members of the State Bar of Georgia, and three non-lawyer public members. All members of the Commission shall be appointed by the Georgia Supreme Court. The chair of the Commission shall be designated by the Georgia Supreme Court.

(B) The first Commission will be appointed to serve terms as follows: the first term for three members will be one year, the first term for three members will be two years, the first term for four members will be three years, the first term for three members will be four years, the first term for three members will be five years. Thereafter, the term for Commission members will be five years. A Commission member shall not succeed himself or herself, except that Commission members originally appointed to a term of two years or less would be eligible for reappointment to one additional five-year term. If the status of a Commission member chosen to represent a particular category changes during his or her term, the member will continue to serve out his or her term.

(C) Members of the Commission shall receive no compensation for their services but shall be entitled to reimbursement for expenses and mileage for travel in connection with Commission business.

(D) The Commission is charged as follows:

1. To administer a statewide comprehensive interpreter program;

2. To oversee the development and ensure the quality of all interpreters;

3. To approve court interpreter programs;

4. To develop guidelines for interpreter programs;

5. To designate languages for which certification programs shall be established;

6. To develop criteria for training and certification of interpreters;

7. To establish standards of conduct for interpreters;

(E) The responsibilities of the Georgia Commission on Interpreters will include the following:

1. To serve as a resource for interpreter education and research;

2. To provide technical assistance to new and existing interpreter programs;

3. To develop the capability of providing training to interpreters in courts throughout the state;

4. To implement the Commission's policies regarding qualifications of interpreters and quality of programs;

5. To register interpreters and remove interpreters from the registry if necessary;

6. To collect statistics from interpreter programs in order to monitor the effectiveness of various programs throughout the state.

III. CERTIFICATION PROGRAMS

The Commission shall establish programs for the purpose of certifying interpreters. The Commission shall have the authority to establish the requirements and procedures for interpreter certification. Fees for certification will be established by the Georgia Commission on Interpreters and interpreters seeking certification shall be required to pay the fee established by said Commission.

IV DISCIPLINE

(A) Suspension or Revocation of Certification

Certified or Registered status issued by the Georgia Commission on Interpreters may be suspended or revoked for any of the following reasons:

1. Conviction of a felony or a misdemeanor involving moral turpitude, dishonesty, or false statements;

2. Fraud, dishonesty, or corruption which is related to the functions and duties of a court interpreter;

3. Continued false or deceptive advertising after receipt of notification to discontinue;

4. Knowingly and willfully disclosing confidential or privileged information obtained while serving in an official capacity;

5. Gross incompetence or unprofessional or unethical conduct;

6. Failing to appear as scheduled without good cause;

7. Noncompliance with any existing continuing education requirements;

8. Nonpayment of any required renewal fees; or

9. Violation of the Code of Professional Responsibility for Court Interpreters.

Commentary: The appropriateness of disciplinary action and the degree of discipline to be imposed should depend upon factors such as the seriousness of the violation, the intent of the interpreter, whether there is a pattern of improper activity, and the effect of the improper activity on others or on the judicial system.

(B) Disciplinary Procedures

1. Initiation of a Complaint. Disciplinary proceedings may be initiated by a standard form asserting a ground for discipline. The complaint shall be in writing and filed with the Georgia Commission on Interpreters. The Commission may initiate disciplinary proceedings on its own motion.

2. Probable Cause; Notification. If a majority of the Commission finds probable cause to believe that a ground for discipline has occurred, it shall send written notification thereof, identifying the rule or rules alleged to have been violated, to the court interpreter. If the complaint is found to be facially insufficient, the complaint shall be dismissed without prejudice and the complainant and interpreter shall be so notified.

3. Response. Within 30 days of the issuance of a finding of probable cause, the court interpreter shall file a written response with the Commission. If no response is filed, the violations identified in the finding of probable cause shall be deemed admitted.

4. Identity of Complainant. Upon written request filed with the Commission, the Commission shall promptly reveal to the court interpreter the identity of the complaining party.

5. Informal Resolution of Complaint. Efforts to resolve the complaint informally may be initiated by any of the parties to the complaint at any time. Any resolution reached must be submitted to the Commission for approval. Upon approval of any resolution reached informally, the Commission will notify the complainant and the court interpreter of its decision in writing.

6. Review. Within 60 days after receipt of a written response to the finding of probable cause or within 60 days following the expiration of the time within which to file a response if...

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