Sec. 1827. Interpreters in courts of the United States
- (a) The Director of the Administrative Office of the United
States Courts shall establish a program to facilitate the use of certified and
otherwise qualified interpreters in judicial proceedings instituted by the
United States.
- (b)
- (1) The Director shall prescribe, determine, and certify the
qualifications of persons who may serve as certified interpreters, when the
Director considers certification of interpreters to be merited, for the
hearing impaired (whether or not also speech impaired) and persons who speak
only or primarily a language other than the English language, in judicial
proceedings instituted by the United States. The Director may certify
interpreters for any language if the Director determines that there is a
need for certified interpreters in that language. Upon the request of the
Judicial Conference of the United States for certified interpreters in a
language, the Director shall certify interpreters in that language. Upon
such a request from the judicial council of a circuit and the approval of
the Judicial Conference, the Director shall certify interpreters for that
circuit in the language requested. The judicial council of a circuit shall
identify and evaluate the needs of the districts within a circuit. The
Director shall certify interpreters based on the results of
criterion-referenced performance examinations. The Director shall issue
regulations to carry out this paragraph within 1 year after the date of the
enactment of the Judicial Improvements and Access to Justice Act.
- (2) Only in a case in which no certified interpreter is
reasonably available as provided in subsection (d) of this section,
including a case in which certification of interpreters is not provided
under paragraph (1) in a particular language, may the services of otherwise
qualified interpreters be used. The Director shall provide guidelines to the
courts for the selection of otherwise qualified interpreters, in order to
ensure that the highest standards of accuracy are maintained in all judicial
proceedings subject to the provisions of this chapter.
- (3) The Director shall maintain a current master list of
all certified interpreters and otherwise qualified interpreters and shall
report periodically on the use and performance of both certified and
otherwise qualified interpreters in judicial proceedings instituted by the
United States and on the languages for which interpreters have been
certified. The Director shall prescribe, subject to periodic review, a
schedule of reasonable fees for services rendered by interpreters, certified
or otherwise, used in proceedings instituted by the United States, and in
doing so shall consider the prevailing rate of compensation for comparable
service in other governmental entities.
- (c)
- (1) Each United States district court shall maintain on file in the
office of the clerk, and each United States attorney shall maintain on file,
a list of all persons who have been certified as interpreters by the
Director in accordance with subsection (b) of this section. The clerk shall
make the list of certified interpreters for judicial proceeding available
upon request.
- (2) The clerk of the court, or other court employee
designated by the chief judge, shall be responsible for securing the
services of certified interpreters and otherwise qualified interpreters
required for proceedings initiated by the United States, except that the
United States attorney is responsible for securing the services of such
interpreters for governmental witnesses.
- (d)
- (1) The presiding judicial officer, with the assistance of the Director
of the Administrative Office of the United States Courts, shall utilize the
services of the most available certified interpreter, or when no certified
interpreter is reasonably available, as determined by the presiding judicial
officer, the services of an otherwise qualified interpreter, in judicial
proceedings instituted by the United States, if the presiding judicial
officer determines on such officer's own motion or on the motion of a party
that such party (including a defendant in a criminal case), or a witness who
may present testimony in such judicial proceedings -
- (A) speaks only or primarily a language other than
the English
language; or
- (B) suffers from a hearing impairment (whether or
not suffering
also from a speech impairment) so as to inhibit such
party's comprehension of the proceedings or communication with counsel or
the presiding judicial officer, or so as to inhibit such witness'
comprehension of questions and the presentation of such testimony.
- (2) Upon the motion of a party, the presiding judicial
officer shall determine whether to require the electronic sound recording of
a judicial proceeding in which an interpreter is used under this section. In
making this determination, the presiding judicial officer shall consider,
among other things, the qualifications of the interpreter and prior
experience in interpretation of court proceedings; whether the language to
be interpreted is not one of the languages for which the Director has
certified interpreters, and the complexity or length of the proceeding. In a
grand jury proceeding, upon the motion of the accused, the presiding
judicial officer shall require the electronic sound recording of the portion
of the proceeding in which an interpreter is used.
- (e)
- (1) If any interpreter is unable to communicate effectively with the
presiding judicial officer, the United States attorney, a party (including a
defendant in a criminal case), or a witness, the presiding judicial officer
shall dismiss such interpreter and obtain the services of another
interpreter in accordance with this section.
- (2) In any judicial proceedings instituted by the United
States, if the presiding judicial officer does not appoint an interpreter
under subsection (d) of this section, an individual requiring the services
of an interpreter may seek assistance of the clerk of court or the Director
of the Administrative Office of the United States Courts in obtaining the
assistance of a certified interpreter.
- (f)
- (1) Any individual other than a witness who is entitled to
interpretation under subsection (d) of this section may waive such
interpretation in whole or in part. Such a waiver shall be effective only if
approved by the presiding judicial officer and made expressly by such
individual on the record after opportunity to consult with counsel and after
the presiding judicial officer has explained to such individual, utilizing
the services of the most available certified interpreter, or when no
certified interpreter is reasonably available, as determined by the
presiding judicial officer, the services of an otherwise competent
interpreter, the nature and effect of the waiver.
- (2) An individual who waives under paragraph (1) of this
subsection the right to an interpreter may utilize the services of a
noncertified interpreter of such individual's choice whose fees, expenses,
and costs shall be paid in the manner provided for the payment of such fees,
expenses, and costs of an interpreter appointed under subsection (d) of this
section.
- (g)
- (1) There are authorized to be appropriated to the Federal judiciary,
and to be paid by the Director of the Administrative Office of the United
States Courts, such sums as may be necessary to establish a program to
facilitate the use of certified and otherwise qualified interpreters, and
otherwise fulfill the provisions of this section and the Judicial
Improvements and Access to Justice Act, except as provided in paragraph (3).
- (2) Implementation of the provisions of this section is
contingent upon the availability of appropriated funds to carry out the
purposes of this section.
- (3) Such salaries, fees, expenses, and costs that are
incurred with respect to Government witnesses (including for grand jury
proceedings) shall, unless direction is made under paragraph (4), be paid by
the Attorney General from sums appropriated to the Department of Justice.
- (4) Upon the request of any person in any action for
which interpreting services established pursuant to subsection (d) are not
otherwise provided, the clerk of the court, or other court employee
designated by the chief judge, upon the request of the presiding judicial
officer, shall, where possible, make such services available to that person
on a cost-reimbursable basis, but the judicial officer may also require the
prepayment of the estimated expenses of providing such services.
- (5) If the Director of the Administrative Office of the
United States Courts finds it necessary to develop and administer
criterion-referenced performance examinations for purposes of certification,
or other examinations for the selection of otherwise qualified interpreters,
the Director may prescribe for each examination a uniform fee for applicants
to take such examination. In determining the rate of the fee for each
examination, the Director shall consider the fees charged by other
organizations for examinations that are similar in scope or nature.
Notwithstanding section 3302(b)
of title 31, the Director is authorized to provide in any contract or
agreement for the development or administration of examinations and the
collection of fees that the contractor may retain all or a portion of the
fees in payment for the services. Notwithstanding paragraph (6) of this
subsection, all fees collected after the effective date of this paragraph
and not retained by a contractor shall be deposited in the fund established
under section 1931 of
this title and shall remain available until expended.
- (6) Any moneys collected under this subsection may be
used to reimburse the appropriations obligated and disbursed in payment for
such services.
- (h) The presiding judicial officer shall approve the
compensation and expenses payable to interpreters, pursuant to the schedule of
fees prescribed by the Director under subsection (b)(3).
- (i) The term ''presiding judicial officer'' as used in this
section refers to any judge of a United States district court, including a
bankruptcy judge, a United States magistrate, and in the case of grand jury
proceedings conducted under the auspices of the United States attorney, a
United States attorney.
- (j) The term ''judicial proceedings instituted by the
United States'' as used in this section refers to all proceedings, whether
criminal or civil, including pretrial and grand jury proceedings (as well as
proceedings upon a petition for a writ of habeas corpus initiated in the
name of the United States by a relator) conducted in, or pursuant to the
lawful authority and jurisdiction of a United States district court. The
term ''United States district court'' as used in this subsection includes
any court which is created by an Act of Congress in a territory and is
invested with any jurisdiction of a district court established by chapter 5 of this
title.
- (k) The interpretation provided by certified or
otherwise qualified interpreters pursuant to this section shall be in the
simultaneous mode for any party to a judicial proceeding instituted by the
United States and in the consecutive mode for witnesses, except that the
presiding judicial officer, sua sponte or on the motion of a party, may
authorize a simultaneous, or consecutive interpretation when such officer
determines after a hearing on the record that such interpretation will aid
in the efficient administration of justice. The presiding judicial officer,
on such officer's motion or on the motion of a party, may order that special
interpretation services as authorized in section 1828 of
this title be provided if such officer determines that the provision of such
services will aid in the efficient administration of justice.
- (l) Notwithstanding any other provision of this section
or section 1828,
the presiding judicial officer may appoint a certified or otherwise
qualified sign language interpreter to provide services to a party, witness,
or other participant in a judicial proceeding, whether or not the proceeding
is instituted by the United States, if the presiding judicial officer
determines, on such officer's own motion or on the motion of a party or
other participant in the proceeding, that such individual suffers from a
hearing impairment. The presiding judicial officer shall, subject to the
availability of appropriated funds, approve the compensation and expenses
payable to sign language interpreters appointed under this section in
accordance with the schedule of fees prescribed by the Director under
subsection (b)(3) of this section.
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