Rule 3-306.01. Language access definitions.

Intent:

To define terms used in rules 3-306.01 through 3-306.05.

Applicability:

This rule shall apply to terms used in rules 3-306.01 through 3-306.05.

Statement of the Rule:

(1) “Appointing authority” means a judge, commissioner, referee or juvenile probation officer, or delegate thereof.

(2) “Approved interpreter” means a person who has been rated as “superior” in testing and has fulfilled the requirements established in paragraph (3).

(3) “Certified interpreter” means a person who has successfully passed the examination of the Consortium for Language Access in the Courts and has fulfilled the requirements established in paragraph (3).

(4) “Committee” means the Language Access Committee established by Rule 1-205.

(5) “Conditionally-approved interpreter” means a person who, in the opinion of the appointing authority after evaluating the totality of the circumstances, has language skills, knowledge of interpreting techniques, and familiarity with interpreting sufficient to interpret the legal proceeding. A conditionally approved interpreter shall read and is bound by the Code of Professional Responsibility and shall subscribe the oath or affirmation of a certified interpreter.

(6) “Code of Professional Responsibility” means the Code of Professional Responsibility for Court Interpreters set forth in Code of Judicial Administration Appendix H. An interpreter may not be required to act contrary to law or the Code of Professional Responsibility.

(7) “Legal proceeding” means a proceeding before the appointing authority, court-annexed mediation, communication with court staff, and participation in mandatory court programs. Legal proceeding does not include communication outside the court unless permitted by the appointing authority.

(8) “Limited English proficiency” means the inability to understand or communicate in English at the level of comprehension and expression needed to participate effectively in legal proceedings.

(9) “Registered interpreter” means a person who interprets in a language in which testing is not available and who has fulfilled the requirements established in paragraph (3) other than paragraph (3)(A)(vi).

(10) “Testing” means using an organization approved by the committee that uses the American Council on the Teaching of Foreign Languages (ACTFL) scale.

 

Effective May 1, 2016