IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO
AND PINELLAS COUNTIES, FLORIDA
ADMINISTRATIVE ORDER NO. 2012-013
PA/PI-CIR
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Administrative Orders PA/PI-CIR-96-61
and 2008-037 PA/PI-CIR contained the qualifications and professional
responsibility standards for persons providing interpreting services for
non-English speaking persons and hearing impaired persons in Sixth Judicial
Circuit Court proceedings. The Florida
Supreme Court has recently issued AOSC11-45, In re: Court Interpreting
Services in Florida’s Trial Courts, delineating additional practices
concerning the certification and regulation of court interpreters and the
appointment of sign language and spoken-foreign language interpreters. Accordingly, the Circuit’s procedures for
selection and use of spoken-foreign language and sign language interpreters
require updating.
In order to articulate a core set of
principles and guidelines that clearly express the professional
responsibilities to which the Sixth Judicial Circuit Court holds court
interpreters accountable, and
In order to update the Circuit’s
procedures regarding selection and use of spoken-foreign language and sign
language interpreters, and
Under the authority granted to the Chief
Judge by Article V, section 2(d), Florida Constitution, Rule of Judicial
Administration 2.215, and section 43.26, Florida Statutes,
IT IS ORDERED:
I.
PROVISION OF
SPOKEN-FOREIGN LANGUAGE AND SIGN LANGUAGE INTERPRETERS
a. Qualifications of Interpreters
1.
Any
interpreter who provides services to the Court must comply with and be bound by
the Florida Rules for Certification and Regulation of Court Interpreters Code
of Professional Conduct. All sign language interpreters providing interpreter
services to the Court must further uphold and adhere to all standards
prescribed by the National Association for the Deaf and the Registry of
Interpreters for the Deaf (NAD-RID) Code of Professional Conduct. An
interpreter must inform the judge, hearing officer, or general magistrate (hereinafter
“presiding official”) and the Administrative Office of the Court (AOC) whenever
the interpreter believes he or she is out of compliance with an applicable code
of conduct.
2.
If
an interpreter finds that at any time he or she is unable to perform interpreting
services satisfactorily, he or she must immediately notify the presiding
official. The presiding official will
take appropriate action, such as a recess, adjournment, or directing the AOC or
the responsible party to provide another qualified interpreter.
b. Court-provided spoken-foreign language
interpreters: The AOC will
provide spoken-foreign language interpreters in accordance with Florida Rule of
Judicial Administration 2.560. These
instances include:
1.
For litigants: AOC must provide an interpreter as
needed for a non-English speaking litigant, when the litigant is indigent or
indigent for costs in the following types of cases:
i. Circuit and
county criminal;
ii. Criminal
contempt;
iii. Parental
time-sharing cases in which both parties are indigent;
iv. Dating, domestic,
repeat, and sexual violence and stalking injunction return hearings;
v. Delinquency
proceeding (including parents and guardians);
vi. Dependency
proceeding, including termination of parental rights proceedings (including
parents and guardians);
vii. Petitions for
incapacity and other mental health proceedings in which a person may lose the
ability to control the decisions about his or her life; and
viii. Other
proceedings in which a non-English speaking person is a litigant and the Court
determines that the litigant’s inability to comprehend English deprives the
litigant of an understanding of the Court proceedings, and a fundamental interest is at stake, and that no alternative to the appointment of an interpreter exists.
2.
For victims and
other witnesses: AOC must provide
non-English speaking victims and other witnesses with an interpreter:
i. For victims in
juvenile delinquency and criminal cases—unless the Court finds that the victim
does not require a spoken-foreign language interpreter; and
ii. For non-victim
witnesses in juvenile delinquency and criminal cases, and for witnesses in other
cases—when directed by the Court in accordance with the Florida Evidence Code.
c. Litigant-provided interpreters:
1.
Any
litigant who is solvent must provide his or her spoken-foreign language
interpreter at his or her own expense for all cases listed above in paragraph
I.b.1., and for all other cases not identified above. However, a solvent litigant may use the
scheduling services of the Administrative Office of the Court’s Fiscal Office,
and repay the costs of the interpreter’s service at the court-contracted rates.
2.
If
a litigant who is solvent and required to provide an interpreter at his or her
own expense in a criminal, delinquency, or other case where a fundamental right
is at stake, but does not do so and the Court determines that the litigant’s
inability to comprehend English deprives the litigant of an understanding of
the Court proceedings, the presiding official may:
i. Direct AOC to
provide an interpreter and bill costs to the litigant;
ii. Obtain a waiver
of the litigant’s right to have an interpreter at the litigant’s own cost; or
iii. Take other
appropriate action.
d. Court provided sign language interpreters: AOC must facilitate the provision of
sign language interpreters for communication between people who are deaf or
hard of hearing and people who hear, when required by the Americans with
Disabilities Act of 1990, 42 U.S.C. §12101, et seq., and when required for due
process. When sign language
interpretation services are required solely by the Americans with Disabilities
Act, the respective County must pay for the services. See § 29.008(1)(f)4,
Florida Statutes.
e.
Translation of audio and video recordings or written documents: Any party who
seeks to introduce or reference an audio or video recording in Court, or to offer
written evidence that requires translation into English, must have the item
transcribed into English and must provide the translation to the opposing party
within a reasonable period of time prior to the Court proceeding. The offering party must provide to the Court
at the trial or hearing the transcript of the English translation. The offering party is responsible for such
translation and transcription expenses.
f. Priority of assignments for Court-provided
interpreters: When the AOC
provides an interpreter, it will give priority for assignments to certified
interpreters as described below. If an interpreter
described below is not available, AOC must provide an otherwise-qualified
interpreter at the direction of the presiding official. The otherwise-qualified interpreter may serve
if the presiding official finds that good cause exists for the appointment of
the interpreter, such as the prevention of burdensome delay, the request or
consent of the participant, or other unusual circumstances, and that the
interpreter is competent to interpret in the proceedings. If there are insufficient interpreters for
any language required by the Courts on any given day, AOC will work with the Courts
to prioritize the assignments of the available interpreter(s) in accordance
with Florida Rule of Judicial Administration 2.550(a) & (b).
1. When providing a spoken-foreign language
interpreter, AOC must first try to provide an interpreter who is “Certified”
by the Office of the State Courts Administrator (OSCA) in accordance with Parts
I and II of the Florida Rules for Certification and Regulation of Court Interpreters. If AOC cannot readily provide a “Certified”
interpreter, it must then try to provide an interpreter who is “Duly Qualified”
by OSCA in accordance with Parts I and II of the Florida Rules for
Certification and Regulation of Court Interpreters.
2.
When providing a
sign language interpreter or other interpreter to facilitate communication
between people who are deaf or hard of hearing and people who hear, AOC must first
try to provide an interpreter who is “Specialist Certified: Legal” by the Registry of Interpreters for
the Deaf. If AOC cannot readily provide a “Specialist Certified: Legal” interpreter, it must then try to
provide an interpreter who has received another certification by RID.
3.
If
the qualifications of court-contracted interpreters are equal and do not
require preference for the assignment of an interpreter in accordance with the
direction above, AOC must ensure that any assignment system for court-contracted
interpreters is as fair and balanced as possible.
g. Requests and
cancelations of Court-provided interpreters:
1.
When
counsel or a pro se litigant requires an interpreter in a case where the interpreter
must be provided by AOC as required by this Administrative Order, the counsel
or pro se litigant must schedule the request through the Administrative Office
of the Court’s Fiscal Office in the respective county where the services are
required. Counsel or the pro se litigant
must bring the request to the Court’s and the Fiscal Office’s attention as soon
as possible, preferably at least one week before the scheduled proceeding. Counsel
or the pro se litigant must relay any notice of cancelation to the Fiscal
Office as soon as possible after he or she knows that an interpreter’s services
are no longer required.
2.
Nothing
in this Order prohibits the offices of the Clerk of the Circuit Court, State
Attorney, Public Defender, Regional Counsel, or any other agency from utilizing
the services of a spoken-foreign language interpreter or sign language
interpreter of its choosing for out-of-court activities. Any costs incurred for out-of-court
activities must be paid by the office utilizing the language interpreter.
h. Recoupment of costs for Court-provided interpreters: The costs incurred by AOC for providing an interpreter
under this Administrative Order are subject to cost recovery in accordance with
Administrative Order No. 2005-061 PA/PI-CIR.
i.
Other duties of the
Administrative Office of the Courts:
In addition to other duties in this Administrative Order, in compliance
with AOSC11-45, In Re: Court Interpreting Services in Florida’s Trial Courts,
AOC will:
1.
Periodically
review the technology operating in courtrooms to determine the feasibility of
establishing remote interpreting capability.
If such technology and other resources make it feasible to implement
remote interpreting, AOC will implement remote interpreting as directed by the
Chief Judge, including developing and documenting procedures for the
appropriate use of remote interpreting.
2.
Develop
and maintain current on the Court’s Internet page, a Court interpreter page
that explains the basic services provided by the Court interpreter program and provides
contact information for the Fiscal Offices in Pasco and Pinellas Counties and
the ADA Coordinator.
3.
Publish
information on the Court’s Internet page that informs Court participants with
disabilities about the rights afforded by the Americans with Disabilities Act,
the federal regulations, and the process for requesting a qualified interpreter
or other accommodation under the ADA.
4.
Require
attendance at trainings sponsored by the Office of State Courts Administrator
for individuals involved in the collection and reporting of Uniform Data
Reporting System statistics.
II. USE
OF INTERPRETERS, PARTICIPANT FUNCTIONS
a. Judges, Hearing Officers, and Magistrates
(presiding officials)
1.
Prior
to the beginning of a proceeding where an interpreter is used, the presiding
official will instruct parties and jurors who understand the language being
interpreted and who perceive a discrepancy as to the interpretation to bring
the issue to the attention of the presiding official.
2.
The
presiding official will ensure the interpreter is sworn in at the beginning of
a proceeding or set of proceedings. See§ 90.606, Florida Statutes.
3.
When
a sign language interpreter is used for a juror who is deaf or hard of hearing,
the presiding official will administer an oath of non-involvement, including
language stating that the interpreter will not interfere with jury deliberations
or reveal the confidences of the jury. See§ 90.606, Florida Statutes.
4.
As
appropriate, the presiding official will inform all parties when an interpreter
is being used, particularly when a party or interpreter appears remotely. The presiding official will monitor the
proceeding to ensure that the interpretation process flows smoothly and, as
needed, instruct the participants to adjust their volume or rate of speech, or
refrain from extraneous comments or whispering.
5.
Before
continuing with any proceeding, the presiding official will ask the litigant,
through the interpreter, whether the litigant is confident that the
interpreter’s skills will ensure adequate and accurate interpretation of the
communication of the proceeding, and whether the litigant believes the
interpreter is impartial. If either of those answers is “no”, the presiding
official will take appropriate action.
6.
The
presiding official will ensure that simultaneous interpretation is used for
defendants, respondents, and other litigants who require a spoken-foreign
language interpreter or a sign language interpreter. The presiding official may
allow consecutive interpretation of testimony by a witness who requires a spoken-foreign
language interpreter or a sign language interpreter.
7.
The
presiding official will give appropriate jury instructions regarding the use of
a court interpreter, including that the interpreter is neutral, impartial, does
not represent the interest of any party, and is only present to assist in
communication.
8.
When
an unscheduled need arises and it is in the best interest of the Court to
proceed without waiting to obtain another interpreter, a presiding official or
his or her designee may directly obtain a telephonic interpreting service such
as AT&T’s language line. The
presiding official must still comply with Florida Rule of Judicial
Administration 2.560 and request the service to provide a certified interpreter
in accordance with the preferences described above in section I.f.
b. All Participants – Presiding Officials, Bailiffs,
Jurors, Parties and Their Counsel, and Interpreters
1.
All
Court participants must observe the in-court performance of interpreters. When a juror, witness, bailiff, party, or
party’s counsel observes concerns or has complaints about the in-court
performance of an interpreter, that person must report them to the presiding
official, immediately if appropriate.
2.
Any
Court participant may bring concerns about the in-court or out-of-court
interpretation performance or other activities of an interpreter to the
attention of the Trial Courts Administrator (TCA) or her designee. The TCA or
her designee will review such reports and take appropriate action, including
but not limited to counseling the interpreter, or refusing the interpreter’s
service when he or she is provided through a firm. If appropriate, the TCA may cancel the
Court’s contract with the interpreter.
3.
A
party who knows or suspects that an interpreter has not been sworn in must
bring that to the Court’s attention as soon as practicable.
4.
All
Court participants and AOC must work toward making the best use of an
interpreter’s time and availability by ensuring that those cases involving an
interpreter are called and brought to the Court’s attention as soon as
possible.
Administrative Orders PA/PI-CIR-96-61
and 2008-037 PA/PI-CIR are hereby rescinded.
DONE
AND ORDERED in Chambers at Clearwater, Pinellas County, Florida, this _____
day of April 2012.
ORIGINAL
SIGNED on April 23, 2012
BY J. THOMAS
MCGRADY, CHIEF JUDGE
cc: All Judges
The Honorable Bernie McCabe, State
Attorney
The Honorable Bob Dillinger, Public
Defender
The Honorable Paula S. O’Neil, Clerk
of the Circuit Court, Pasco County
The Honorable Ken Burke, Clerk of
the Circuit Court, Pinellas County
Ngozi Acholonu, Assistant Regional
Counsel
Gay Inskeep, Trial Courts
Administrator
Myriam Irizarry, Chief Deputy
Director, Pinellas County Clerk’s Office
Lillian Simon, Director of
Administrative Services for Pasco County
Debbie Gay, Assistant Court Service
Director, Pasco County Clerk’s Office
Bar Associations, Pasco and Pinellas
Counties
Law Libraries, Pasco and Pinellas
Counties