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Rule 3-306.01. Language accessdefinitions.

Intent:

To define terms used inrules 3-306.01 through 3-306.05.

Applicability:

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

Statement of the Rule:

(1) ?Appointingauthority? means a judge, commissioner, referee or juvenile probation officer,or delegate thereof.

(2) ?Approvedinterpreter? means a person who has been rated as ?superior? in testing and hasfulfilled the requirements established in paragraph (3).

(3) ?Certified interpreter?means a person who has successfully passed the examination of the Consortiumfor Language Access in the Courts and has fulfilled the requirementsestablished in paragraph (3).

(4) ?Committee? meansthe Language Access Committee established by Rule 1-205.

(5)?Conditionally-approved interpreter? means a person who, in the opinion of theappointing authority after evaluating the totality of the circumstances, haslanguage skills, knowledge of interpreting techniques, and familiarity withinterpreting sufficient to interpret the legal proceeding. A conditionallyapproved interpreter shall read and is bound by the Code of ProfessionalResponsibility and shall subscribe the oath or affirmation of a certifiedinterpreter.

(6) ?Code ofProfessional Responsibility? means the Code of Professional Responsibility forCourt Interpreters set forth in Code of Judicial Administration Appendix H. Aninterpreter may not be required to act contrary to law or the Code ofProfessional Responsibility.

(7) ?Legal proceeding? meansa proceeding before the appointing authority, court-annexed mediation,communication with court staff, and participation in mandatory court programs.Legal proceeding does not include communicationoutside the court unless permitted by the appointing authority.

(8) ?Limited Englishproficiency? means the inability to understand or communicate in English at thelevel of comprehension and expression needed to participate effectively inlegal proceedings.

(9) ?Registeredinterpreter? means a person who interprets in a language in which testing isnot available and who has fulfilled the requirements established in paragraph(3) other than paragraph (3)(A)(vi).

(10) ?Testing? meansusing an organization approved by the committee that uses the American Councilon the Teaching of Foreign Languages (ACTFL) scale.

 

Effective May 1, 2016 ??