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Rule 3-306.04. Interpreter appointment, payment, and fees.

Intent:

To state the policy ofthe Utah courts to secure the rights of people under Title VI of the CivilRights Act of 1964, 42 U.S.C. 2000d, et seq. in legal proceedings whoare unable to understand or communicate adequately in the English language.

To outline the proceduresfor appointment and payment of interpreters for legal proceedings.

To provide certifiedinterpreters in legal proceedings in those languages for which a certificationprogram has been established.

Applicability:

This rule shall apply tolegal proceedings in the courts of record and not of record. This rule shallapply to interpretation for non-English speaking people and not tointerpretation for persons with a hearing impairment, which is governed by Utahand federal statutes.

Statement of the Rule:

(1) Appointment.

(1)(A) Except asprovided in paragraphs (1)(B), (1)(C) and (1)(D), ifthe appointing authority determines that a party, witness, victim or person whowill be bound by the legal proceeding has a primary language other than Englishand limited English proficiency, the appointing authority shall appoint acertified interpreter in all legal proceedings. A person requesting aninterpreter is presumed to be a person of limited English proficiency.

(1)(B) An approvedinterpreter may be appointed if no certified interpreter is reasonablyavailable.

(1)(C) A registeredinterpreter may be appointed if no certified or approved interpreter is reasonably available.

(1)(D) A conditionally-approvedinterpreter may be appointed if the appointing authority, after evaluating thetotality of the circumstances, finds that:

(1)(D)(i) theprospective interpreter has language skills, knowledge of interpretingtechniques and familiarity with interpreting sufficient to interpret the legalproceeding; and

(1)(D)(ii) appointment of the prospective interpreter does notpresent a real or perceived conflict of interest or appearance of bias; and

(1)(D)(iii) a certified, approved, or registered interpreter is notreasonably available or the gravity of the legal proceeding and the potentialconsequence to the person are so minor that delays in obtaining a certified orapproved interpreter are not justified.

(1)(E) The appointingauthority may appoint an interpreter with certified or approved or equivalentcredentials from another state if the appointing authority finds that theapproved, registered or conditionally approved interpreters who are reasonablyavailable do not have the language skills, knowledge of interpretingtechniques, or familiarity with interpreting sufficient to interpret the legalproceeding. The appointing authority may consider the totality of thecircumstances, including the complexity or gravity of the legal proceeding, thepotential consequences to the person of limited English proficiency, and anyother relevant factor.

(1)(F) No interpreter isneeded for a direct verbal exchange between the person and court staff if thecourt staff can fluently speak the language understood by the person and thestate court employee is acting within guidelines established in the HumanResources Policies and Procedures. An approved, registered or conditionallyapproved interpreter may be appointed if the court staff does not speak thelanguage understood by the person.

(1)(G) The appointingauthority will appoint one interpreter for all participants with limitedEnglish proficiency, unless the judge determines that the participants haveadverse interests, or that due process, confidentiality, the length of thelegal proceeding or other circumstances require that there be additionalinterpreters.

(2) Court employees asinterpreters. A court employee may not interpret legal proceedings except asfollows.

(2)(A) A court may hirean employee interpreter. The employee will be paid the wages and benefits ofthe employee?s grade and not the fee established by this rule. If the languageis a language for which certification in Utah is available, the employee mustbe a certified interpreter. If the language is a language for whichcertification in Utah is not available, the employee must be an approvedinterpreter. The employee must meet the continuing education requirements of anemployee, but at least half of the minimum requirement must be in improving interpretingskills. The employee is subject to the discipline process for court personnel,but the grounds for discipline include those listed in rule 3-306.05.

(2)(B) A state courtemployee employed as an interpreter has the rights and responsibilities providedin the Utah state court human resource policies, including the Code of PersonalConduct, and the Court Interpreters? Code of Professional Responsibility alsoapplies. A justice court employee employed as an interpreter has the rights andresponsibilities provided in the county or municipal human resource policies,including any code of conduct, and the Court Interpreters? Code of ProfessionalResponsibility also applies.

(2)(C) A court may usean employee as a conditionally-approved interpreter under paragraph (1)(D). The employee will be paid the wage and benefits of theemployee?s grade and not the fee established by this rule.

(3) Review of denial ofrequest for interpreter. A person whose request for an interpreter has beendenied may apply for review of the denial. The application shall be decided bythe presiding judge. If there is no presiding judge or if the presiding judgeis unavailable, the clerk of the court shall refer the application to any judgeof the court or any judge of a court of equal jurisdiction. The applicationmust be filed within 20 days after the denial.

(4) Waiver. A person maywaive an interpreter if the appointing authority approves the waiver afterdetermining that the waiver has been made knowingly and voluntarily. A personmay retract a waiver and request an interpreter at any time. An interpreter isfor the benefit of the court as well as for the non-English speaking person, sothe appointing authority may reject a waiver.

(5) Translation of courtforms. Forms must be translated by a team of at least two people who areinterpreters certified under this rule or translators accredited by theAmerican Translators Association.

(6) Payment.

(6)(A) The fees andexpenses for language access shall be paid by the administrative office of thecourts in courts of record and by the government that funds the court in courtsnot of record. The court may assess the fees and expenses as costs to a partyas otherwise provided by law. (Utah Constitution, Article I, Section 12, UtahCode Sections 77-1-6(2)(b), 77-18-7, 77-32a-1, 77-32a-2,77-32a-3, 78B-1-146(3), URCP 54(d)(2), and Title VI of the Civil RightsAct of 1964, 42 U.S.C. 2000d, et seq., and regulations and guidanceadopted under that title.)

(6)(B) A person who hasbeen ordered to pay fees and expenses for language access may apply to thepresiding judge to review the order. If there is no presiding judge, the personmay apply to any judge of the court or any judge of a court of equaljurisdiction. The application must be filed within 20 days after the order.

(7) Fees.

(7)(A) Every threeyears, the Judicial Council shall review a market survey conducted by theLanguage Access Program Manager and shall set the fees and expenses to be paidto interpreters during the following three fiscal years by the courts ofrecord. Payment of fees and expenses shall be made in accordance with theCourts Accounting Manual.

(7)(B) The localgovernment that funds a court not of record shall set the fees and expenses tobe paid to interpreters by that court.

 

Effective May 1, 2016