Idaho Institute for Court Management
Legal Requirements that
Govern Access to the Courts
State and Federal Constitutional Due Process Rights
Americans with Disabilities Act
Title VI of the Civil Rights Act of 1964
Idaho Code § 9-205
Idaho Court Administrative Rule 52
Americans with Disabilities Act
Protects individuals with a disability, including people
who are deaf, who participate in court matters
Protects deaf parents of minor children who are
subject to court proceedings
Applies to members of the public (including
Mandates that these individuals cannot be charged
Title VI of the Civil Rights Act
Prohibits recipients who receive federal
funding from national origin discrimination
Guidance requires competent interpretation
for LEP individuals
Coverage extends to all aspects of the court,
including beyond the courtroom
Require translation of vital written materials
Section (b) – Definitions
Section (d) - Priority of Appointment
(1) Master Level Certified or Certified Interpreter
(2) Conditionally Approved Interpreter
(3) Registered Interpreter
Section (e) – Interpreter Oath
Section (f) - Removal from A Case
What is an interpreter?
between the non-English and
the English speakers;
Renders a complete and
without altering, omitting or
adding anything to the
message, and without
Professional Code of Ethics
Confidentiality (Cannon 5
Interpreters cannot give
advice (Canon 7)
Cannot summarize and
never explains what it is
stated or written (Canon 7)
Who could we use as an
Friends or Family as Interpreters
• Lack of understanding of judicial process, or legal
• Trying to “help” (suppressing or adding to the information)
• Lack of language proficiency
• Conflict of interest
• Too emotionally involved
What is their level of ability?
May not possess the KSA’s required of a
Other Interpreting Skills (modes of interpreting)
Knowledge of the Code of Ethics
Use should be limited
How Do We Know That A
Person Has the KSAs?
Performance Standard vs. Appearance Standard
Does the person possess educated native-like
fluency in two languages?
Does the person possess the interpreting skills
Level of Expertise Required
1 - Being bilingual is not enough.
2 - Must possess educated, native-like mastery of
both English and the second language.
3 - Must display general knowledge (comparable to a
minimum of two years of college).
4 - Must be able to perform the three modes of
A professional interpreter….
will be on time
will interpret in the first person
will interrupt the speaker if there is a
problem with communication
will inform the Court of any conflict
will carry a note pad and dictionary
However will not:
explain a term or an expression
engage in any conversation with the
provide any kind of opinion or advice
Coordination of Services.
Assign the responsibility of coordinating interpreter
services to one main person
Assign a back-up coordinator
Ensure that both individuals receive training to
properly coordinate services
Regarding the Case:
1 - Length of proceeding?
2 - How many parties will need an interpreter?
3 - Will the court accept an interpreter by phone?
4 - Any chance the case may be continued?
Regarding the non-English speaker:
a - Ascertain the language and dialect of the non-English-speaker
b- Country the persons is originally from
how does it work?
Coordination of Services
Scheduling an interpreter
involves more than just
calling someone on a list:
1 - Follow ICAR 52(d)
2 - Provide case information
3 -Terms of service
Compensation for Services
What is the county policy?
Who is authorized to negotiate terms?
• Hourly vs. half/ full day rate
• Cancellation and/or rescheduling policies
• Method to calculate interpreter time
• Mileage reimbursement
• Travel expenses (meals, per diem)
• Travel Time reimbursement
What if a certified interpreter
cannot be located?
ICAR 52(d)(i) and (ii) and (3) …
Consider scheduling matters telephonically.
Consider the type of case to determine if any
efforts should be made to bring an interpreter in
from another county or another state.
What about languages other than Spanish?
Services Provided Outside of
Interpreter services vs. bilingual services
Bilingual county employees
Interpreting and Translating are different
professions and require different skill sets
Translation of court forms and other documents
Team interpreting in lengthy trials
Appointing multiple interpreters
Cluster cases requiring an interpreter
Recess for interpreters after 30 minutes
Tips for Communicating
through an Interpreter
Speak clearly and at a moderate pace
Speak directly to the non-English speaker--not the
Allow time for the interpreter to interpret the question
or the answer
Keep in mind that the translation is not literal or
verbatim. Some phrases such as “raining cats and dogs”
will need an explanation to aid the listener. 22
Janica Bisharat Sandra Barrios
Program Manager Interpreter Coordinator
Idaho Court Interpreter Training Trial Court Administration
and Certification Fourth Judicial District
Administrative Office of the 200 W. Front St Room 4171
Court Boise Idaho 83702
PO BOX 83720 (208)287-7686
Boise Idaho, 83720-0101 email@example.com