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2014 California Rules of Court

Rule 2.893. Appointment of noncertified interpreters in criminal cases and juvenile delinquency proceedings

(a) Application

This rule applies to trial court proceedings in criminal cases and juvenile delinquency proceedings under Welfare and Institutions Code section 602 et seq. in which the court determines that an interpreter is required.

(Subd (a) amended effective January 1, 2007.)

(b) Appointment of noncertified interpreters

An interpreter who is not certified by the Judicial Council to interpret a language designated by the Judicial Council under Government Code section 68560 et seq. may be appointed under Government Code section 68561(c) in a proceeding if:

(1)Noncertified interpreter provisionally qualified

(A)The presiding judge of the court, or other judicial officer designated by the presiding judge:

(i)Finds the noncertified interpreter to be provisionally qualified following the Procedures and Guidelines to Appoint a Noncertified Interpreter in Criminal and Juvenile Delinquency Proceedings (Designated Languages) (form IN-100); and

(ii)Signs an order allowing the interpreter to be considered for appointment on Qualifications of a Noncertified Interpreter (form IN-110); and

(B)The judge in the proceeding finds on the record that:

(i)Good cause exists to appoint the noncertified interpreter; and

(ii)The interpreter is qualified to interpret the proceeding, following procedures adopted by the Judicial Council (see forms IN-100, IN-110, and IN-120).

(C)Each order of the presiding judge under (b)(1) finding a noncertified interpreter to be provisionally qualified and allowing the interpreter to be considered for appointment in a proceeding is for a six-month period.

(2)Noncertified interpreter not provisionally qualified

(A)To prevent burdensome delay or in other unusual circumstances, at the request of the defendant, or of the minor in a juvenile delinquency proceeding, the judge in the proceeding may appoint a noncertified interpreter who is not provisionally qualified under (b)(1) to interpret a brief, routine matter provided the judge, on the record:

(i)Indicates that the defendant or minor has waived the appointment of a certified interpreter and the appointment of an interpreter found provisionally qualified by the presiding judge;

(ii)Finds that good cause exists to appoint an interpreter who is neither certified nor provisionally qualified; and

(iii)Finds that the interpreter is qualified to interpret that proceeding.

(B)The findings and appointment under (b)(2)(A) made by the judge in the proceeding are effective only in that proceeding. The appointment must not be extended to subsequent proceedings without an additional waiver, findings, and appointment.

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2007.)

(c) Limit on appointment of noncertified interpreters

(1)A noncertified interpreter allowed to be appointed under (b) may not interpret in the trial courts for more than any four 6-month periods, except that:

(A)In counties with a population greater than 80,000, a noncertified interpreter of Spanish may be allowed to interpret for no more than any two 6-month periods.

(B)A noncertified interpreter may be allowed to interpret beyond four 6-month periods, or two 6-month periods for an interpreter of Spanish under (A), if the judge in the proceeding makes a specific finding on the record in each case in which the interpreter is sworn that good cause exists to appoint the interpreter notwithstanding that he or she has failed to achieve Judicial Council certification.

(2)Except as provided in (3), each six-month period under (1) begins on the date a presiding judge signs an order under (b)(1)(A)(ii) allowing the noncertified interpreter to be considered for appointment.

(3)If an interpreter is provisionally qualified under (b)(1) in more than one court at the same time, each six-month period runs concurrently for purposes of determining the maximum periods allowed in this subdivision.

(Subd (c) amended effective January 1, 2007.)

(d) Waiver of certified interpreter or objection to noncertified interpreter

(1)If after a diligent search a certified interpreter is not available in a criminal case or in a juvenile delinquency proceeding, the judge in the proceeding that:

(A)The proposed interpreter is not certified;

(B)The court has found good cause to appoint a noncertified interpreter; and

(C)The court has found the proposed interpreter to be qualified to interpret in the proceeding.

(2)If the defendant or minor objects to the appointment of the proposed interpreter or waives the appointment of a certified interpreter, the objection or waiver must be on the record.

(Subd (d) amended effective January 1, 2007.)

(e) Court record

The minute order or docket must record the information in (1) or (2) below for each proceeding requiring the appointment of an interpreter:

(1)Certified interpreters

For each certified interpreter, the following information must be recorded:

(A)The name of the interpreter;

(B)The language to be interpreted;

(C)The fact that the interpreter is certified to interpret in the language to be interpreted; and

(D)Whether the interpreter was administered the interpreter's oath or has an oath on file with the court (only certified interpreters may have an oath on file).

(2)Noncertified interpreters

For each noncertified interpreter, the following information must be recorded:

(A)The name of the interpreter;

(B)The language to be interpreted;

(C)The fact that the interpreter was administered the interpreter's oath;

(D)The fact that the interpreter is not certified to interpret in the language to be interpreted;

(E)Whether a Certification of Unavailability of Certified Interpreters (form IN-120) for the language to be interpreted is on file for this date with the court administrator;

(F)The court's finding that good cause exists for the court to appoint a noncertified interpreter;

(G)The court's finding that the interpreter is qualified to interpret in the proceeding;

(H)If applicable, the court's finding under (c)(1)(B) that good cause exists for the court to appoint a noncertified interpreter beyond the time allowed in (c); and

If applicable, the objection or waiver of the defendant or minor under (d).

(Subd (e) amended effective January 1, 2007.)

Rule 2.893 amended effective January 1, 2007; adopted as rule 984.2 effective January 1, 1996; previously amended and renumbered effective January 1, 2007.

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