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RELATING TO COURTS AND CIVIL PROCEDURES -- LANGUAGE INTERPRETERS

Introduced By: Senators Walton, Paiva Weed, Goodwin, Cicilline, Perry, et al.

Date Introduced : January 28, 1999

It is enacted by the General Assembly as follows:

SECTION 1. Title 8 of the General Laws entitled "Courts and Civil Procedure--Courts" is hereby amended by adding thereto the following chapter:

{ADD 8-19-1. Legislative declaration -- Intent. -- ADD} {ADD It is hereby declared to be the policy of the State of Rhode Island to guarantee the rights of persons who, because of a non-English speaking background, are unable to readily understand or communicate in the English language, and who consequently need the assistance of an interpreter be fully protected in legal proceedings in criminal matters before the Rhode Island Superior Court, the Rhode Island District Court, and in juvenile matters in the Rhode Island Family Court.

{ADD It is the intent of the legislature, by the enactment of this chapter, to provide interpreters to non-English speaking persons in criminal proceedings before the State Courts in Rhode Island and to establish a procedure for the certification and appointment of interpreters. ADD}

{ADD 8-19-2. Definitions. -- ADD} {ADD As used in this chapter: ADD}

{ADD (1) A "non-English speaking person" means any person who can not readily speak or understand the English language and whose native language is either Spanish, Portuguese, Cape Verdean or Cambodian. Hearing impaired persons covered under section 8-5-8 are not included in this definition. ADD}

{ADD (2) A "qualified interpreter" is a person who through experience and training is able to translate a particular foreign language into English but who does not have a state certification pursuant to this chapter. ADD}

{ADD (3) A "state certified interpreter" is one who is able to interpret simultaneously and consecutively and sight translate from English to the language of the person needing an interpreter, and from said language to English, and who has been certified pursuant to the provision of 8-19-5. ADD}

{ADD (4) "Legal proceedings" means any criminal proceeding in the Rhode Island Superior Court, Rhode Island District Court, or in juvenile matters before the Rhode Island Family Court. ADD}

{ADD (5) "Appointing authority" means the judicial officer presiding at any of the legal proceedings defined in this section and pursuant to the rules and regulations set forth by the administrative office of state courts. ADD}

{ADD 8-19-3. Appointment of state certified or qualified interpreters. -- ADD}{ADD(a) When a non-English speaking person is a party to a defined legal proceeding, the appointing authority shall, in the absence of written waiver by such person, appoint a state certified interpreter to assist such person during the legal proceeding. Pursuant to section 8-19-5, the State Department of Higher Education and The State Court Administrator's office shall maintain a list of Rhode Island state certified interpreters from which the appointing authority shall make its appointments. ADD}

{ADD (b) The appointing authority may appoint a qualified interpreter in place of a state certified interpreter when: ADD}

{ADD (1) A good faith effort has been made to locate and obtain the services of a state certified interpreter and one is not available; and ADD}

{ADD (2) The appointing authority makes a finding that the proposed qualified interpreter appears to have adequate language skills, knowledge of interpreting techniques, familiarity with interpreting in a court or hearing, and that he/she has read, understands, and will abide by an established code of ethics for language interpreters pursuant to this chapter; and ADD}

{ADD (3) The proceeding is one of a preliminary nature and of a short duration. Proceedings of a preliminary nature may include but not be limited to: ADD}

{ADD (a) Arraignments; ADD}

{ADD (b) Costs, restitution, and/or fine reviews; ADD}

{ADD (c) Probation reviews; ADD}

{ADD (d) Preliminary hearings on pretrial motions; ADD}

{ADD (e) Appearances before the Court on bench warrants or arrest warrants. ADD}

{ADD (c) If any relationship between the interpreter and any of the parties, attorneys, witnesses, victims or any other persons involved in the proceeding exists, the nature of that relationship shall be disclosed to the appointing authority on the record and the appointing authority may in its discretion excuse the interpreter from said proceeding. ADD}

{ADD 8-19-4. Compensation of Interpreters. -- ADD} {ADD Interpreters appointed pursuant to this chapter shall be paid by the state in accordance with a fee schedule which shall be established by the Supreme Court. The State Court Administrator is hereby empowered to establish policies and procedures governing the appointment, service and payment of interpreters appointed under this Chapter and is further empowered to enter into service contracts with state certified interpreters. Qualified interpreters shall be paid in the same manner as certified interpreters for each proceeding in which their interpreting services are used. ADD}

{ADD 8-19-5. Certification of Interpreters -- Establishment and procedure. -- ADD} {ADDThe State Department of Higher Education in cooperation with the Supreme Court shall promulgate regulations which establish standards, criteria and testing methods for the certification of foreign language interpreters under this chapter. The regulations promulgated shall address but not be limited to: ADD}

{ADD (1) Developing testing procedures for proficiency in the foreign language for which the interpreter is seeking certification. ADD}

{ADD (2) Developing testing procedures for proficiency in the English language. ADD}

{ADD (3) Developing testing procedures for knowledge of legal proceedings and legal terminologies. ADD}

{ADD (4) Developing standards for the approval of courses and/or curricular at colleges and universities and other institutes of higher learning who wish to offer courses in foreign language interpreting. ADD}

{ADD (5) Establishing minimum

{ADD (6) Establishing re-certification procedures and continuing educational requirements for state certified interpreters. ADD}

{ADD (7) Establishing procedures for the termination, cancellation or suspension of certificates issued to foreign language interpreters under this chapter. ADD}

{ADD (8) Establishing a code of ethics for foreign language interpreters. ADD}

{ADD (9) Establishing procedures for the granting of waivers for foreign language interpreters who have been certified in other states or by the Federal Court. ADD}

{ADD (10) Establishing a procedure for the compilation and maintenance of statistics on the frequency and use of foreign language interpreters appointed under this chapter and the need for foreign language interpreters in other languages. ADD}

{ADD (11) Establishing a procedure for the creation of a list of the names and addresses of all state certified interpreters and qualified interpreters and making said list available to the State Court Administrator and to all courts covered by this chapter. ADD}

{ADD 8-19-6. Severability. -- ADD} {ADD If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances shall not be affected thereby. ADD}

SECTION 2. This act shall take effect on July 1, 2000.