In Interpreters in in the Courtroom Language Access Webinar - PowerPoint PPT Presentation

In Interpreters in in the Courtroom Language Access Webinar November 15, 2018 Leonardo Perales and Maria de Villiers State Licensed Court Interpreters OFFICE of COURT ADMINISTRATION

His istory of f regulation of f Texas in interpreters Prior to 2001 Since 2001 1. In state courts, no 1. Spoken language interpreters are regulated regulating body to qualify by the Judicial Branch interpreters. Certification Commission 2. In federal courts, the (JBCC) under Texas Office of Administrative Office of the Court Administration (OCA). United States Courts was 2. Sign language interpreters the regulating body. are regulated by the Board for Evaluation of Interpreters (BEI) under Health and Human Services (HHS). OFFICE of COURT ADMINISTRATION

The need for court in interpreters in in Texas One in six Texans reports to be Limited English Proficient (LEP) Top Languages spoken by LEP’s Spanish Vietnamese Mandarin Korean OFFICE of COURT ADMINISTRATION

When is is a spoken or sig ign la language in interpreter appointed by th the court? T EXAS G OVERMENT C ODE, S EC 57.002 Any of the following may apply: 1. Upon the motion of a party 2. Upon the request of a witness 3. Upon the motion of the court OFFICE of COURT ADMINISTRATION

Who can act as a spoken la language in interpreter in in my county? T EX G OV’T C ODE , S EC 57.002 Court proceedings in counties with a Court proceedings in counties with a population ≤ 50,000 population ≥ 50,000 1. Must be qualified as an ‘expert’ 1. Spanish interpreters must be under Texas Rules of Evidence. licensed court interpreters. 2. Must be at least 18 years of age. 2. For any other language, if no licensed interpreter is found within 3. Must not be a party to the 75 miles, a court may appoint an proceeding. unlicensed interpreter. OFFICE of COURT ADMINISTRATION

When is is a spoken la language in interpreter appointed by th the court in in criminal cases? T EX C ODE OF C RIM P ROC, A RT 38.30 Upon the motion for appointment of an interpreter, the interpreter must be sworn to interpret for the person charged or the witness. The interpreter is under the same rules and penalties as those provided for witnesses. If the available interpreter is not adequately equipped to interpret, the person charged or witness may be permitted by the court to nominate another individual who will act as an intermediary between the LEP and the appointed interpreter during the proceeding. OFFICE of COURT ADMINISTRATION

When is is a sig ign la language in interpreter appointed by th the court in in criminal cases? T EX C ODE OF C RIM P ROC, A RT 38.31 Upon the motion for appointment of an interpreter for deaf persons by a party or the court, a qualified interpreter must be sworn to interpret for the person charged or the witness. “Qualified interpreter” means an interpreter who holds a legal certificate issued by National Registry of Interpreters for the Deaf or a current court interpreter certificate issued by the Board for Evaluation of Interpreters. OFFICE of COURT ADMINISTRATION

When is is a spoken or sig ign la language in interpreter appoin inted by y the court in in civ ivil il cases? T EX R ULES OF C IVIL P ROC, R ULE 183 • The court may appoint an interpreter of its own selection and may fix the interpreter’s reasonable compensation. The compensation shall be paid out of funds provided by law or by one or more of the parties as the court may direct, and may be taxed ultimately as costs, in the discretion of the court. OFFICE of COURT ADMINISTRATION

How does Tit itle le VI I of the Civ ivil il Rig ights Act of 1964 impact in im interpreters in in the court system? Guidance letter to all State Court Administrators • The Department of Justice (DOJ) guidance refers to the importance of meaningful access to courts and courtrooms, without distinguishing among civil, criminal or administrative matters. It states that “every effort should be taken to ensure competent interpretation for LEP individuals during all hearings, trials, and motions.” 1 1 https://www.lep.gov/final_courts_ltr_081610.pdf OFFICE of COURT ADMINISTRATION

Texas Offi fice of f Court Administration A unique state agency in the Judicial Branch of Texas that operates under the direction of the Supreme Court of Texas and the Chief Justice. Our mission is to provide resources and information for the efficient administration of the Judicial Branch of Texas. OFFICE of COURT ADMINISTRATION

La Language Access Department Texas Court Remote Interpreter Service • Free court remote interpreting services via telephone or videoconference. • In short, non-contested and non-evidentiary hearings of 30 minutes or less. • By advanced scheduling or on demand, upon interpreter’s availability. OFFICE of COURT ADMINISTRATION

Fin inding a Court In Interpreter OFFICE of COURT ADMINISTRATION

St Step 1: 1: Go Go to www.txcourts.gov (P (Programs & Se Services > > In Interpretation & Tran ansla lation) OFFICE of COURT ADMINISTRATION

St Step 2: 2: Clic lick on on Lan Language Acc ccess s in in Texas Cou ourts OFFICE of COURT ADMINISTRATION

St Step 3: 3: For lan languages oth other th than an th the top 4 4 lan languages sp spoken in in Texas, scr scroll l to o th the bot ottom an and se see Additional l Resources. OFFICE of COURT ADMINISTRATION

St Step 4: 4: Clic lick lice licensed court in interpreters. OFFICE of COURT ADMINISTRATION

St Step 5: 5: In In th the new win indow, clic click on on th the Ge Generate Excel button. OFFICE of COURT ADMINISTRATION

St Step 6: 6: Vie iew th the resu sult lts in in Micr icrosoft Excel. l. OFFICE of COURT ADMINISTRATION

Using OCA’s Remote Interpreting Service OFFICE of COURT ADMINISTRATION

St Step 1: 1: Clic lick Texas Cou ourt Remote In Interpreter Se Servic ice OFFICE of COURT ADMINISTRATION

St Step 2: 2: Clic lick Sc Schedule le An In Interpreter OFFICE of COURT ADMINISTRATION

St Step 3: 3: In In th the new win indow, clic click on on Mak ake Appoin intment for Sp Span anish OFFICE of COURT ADMINISTRATION

St Step 4: 4: Clic lick on on th the Enroll llment tab ab an and fill fill in in th the form. OFFICE of COURT ADMINISTRATION

St Step 5: 5: Clic lick on on th the Enroll ll button at t th the bot ottom of of th the pag age. OFFICE of COURT ADMINISTRATION

Language Access Department Phone: (512) 463-5656 Email: Interpreter@TxCourts.gov www.TxCourts.gov/tcris OFFICE of COURT ADMINISTRATION