working effectively with limited english proficient · pdf filemonday, august 5, 2013...

Monday, August 5, 2013 Kealakekua, Hawaii

WORKING EFFECTIVELY WITH LIMITED ENGLISH PROFICIENT CLIENTS

I. Hawaii’s Demographics 1. Hawaii Quick Facts (U.S. Census) Population, 2012 estimate: 1,392,313 Female persons, 2011 49.8% White persons, 2011 26.0% Black persons, 2011 2.0% American Indian and Alaska Native, 2011 0.4% Asian persons, 2011 38.5% Native Haw. and other Pacific Islander persons 10.1% Persons repting 2 or more races 22.9% Persons of Hispanic or Latino origin 9.2% White persons not Hispanic 22.9% 2. Eighteen percent of Hawaii’s population are immigrants (foreign- born), ranking Hawaii sixth among the states.

• 124 languages spoken in Hawaii. • Nearly 1 in 5 Hawaii residents are immigrants (foreign born) • One in 8 residents speak English with limited English

proficiency. 3. Top 15 languages in Hawaii state courts (fiscal year 2012)(based on the number of proceedings)

• Chuukese • Ilokano • Korean • Marshallese • Spanish • Vietnamese • Japanese • Tongan • Tagalog


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• American Sign Language • Samoan • Cantonese • Pohnpeian • Mandarin • Kosraean

II. Federal laws related to language access A. 5th and 14th Amendments: Fundamental fairness and equal protection 6th Amendment: Right to cross-examine adverse witnesses B. 42 U.S.C. § 2000d, et seq. (Title VI of the Civil Rights Act of 1964) provides that no person “shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” Executive Order 13166 of August 11, 2000 (Federal Register, Vol. 65, No. 159) “Improving Access to Services for Persons with Limited English Proficiency” requires that each federal agency shall provide “meaningful access” to their limited English proficient (“LEP”) applicants and beneficiaries.1 1 Some of the other federal laws include: 45 C.F.R. § 80.1, et seq. provides: [N]o person in the United States shall: on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving Federal financial assistance from the Department of Health and Human Services.” Guidance to federal financial assistance recipients regarding Title VI prohibition against national origin discrimination affecting LEP persons can be found at the U.S. Department of Health and Human Services website. <http://www.hhs.gov/ocr/civilrights/resources/specialtopics/lep/finalproposed.html> The Office of Minority Health at HHS issued the National Culturally and Linguistically Appropriate Services (CLAS) Standards that are requirements for all federally funded recipients. <http://www.minorityhealth.hhs.gov/templates/browse.aspx?lvl=2&lvlID=15> 42 C.F.R. §§ 422.2264(e) provides that Medicare Advantage plans must provide materials in the language of the individuals in a market with a significant non-English


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C. Federal cases See Perez-Lastor v. Immigration and Naturalization Service, 208 F.3d 773 (9th Cir. 2000) where inaccurate interpretation violated the petitioner’s due process at his deportation hearing. III. State laws related to language access A. Hawaii Constitution, Article 5 (due process and equal protection) Section 5. No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race, religion, sex or ancestry. B. Haw. Rev. Stat. §§ 321C-1 to 321C-7 establishes the Office of Language Access within the Department of Health for administrative purposes. See Appendix A. The purpose of this office is “to affirmatively address, on account of national origin, the language access needs of limited English proficient persons. It is the intent of the legislature that these services be guided by Executive Order No. 13166 and succeeding provisions of federal law, regulation, or guidance.” Haw. Rev. Stat. § 321C-1. C. What does a “limited English proficient” person mean? -- “[A]n individual who, on account of national origin, does not speak English as the person’s primary language and self identifies as having a limited ability to read, write, speak, or understand the English language.” Haw. Rev. Stat. § 321C-2. D. Hawaii Rules of Evidence, codified in Haw. Rev. Stat., Chapter 626, § 626-1. Haw. Rev. Stat. § 626-1, Rule 604 provides: Interpreters. An interpreter is subject to the provisions of these rules relating to qualification as an expert and the administration of an oath or affirmation that the interpreter will make a true translation. speaking population. Similarly, 42 C.F.R. § 438.10 provides that each state with a Medicaid program must provide written information in each prevalent non-English language.


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E. Hawaii cases 1. In State v. Han, SCWC-11-0000814, decided June 19, 2013, the Hawaii Supreme Court held that under State v. Tachibana, 79 Haw. 226, 900 P. 1293 (1995) and State v. Lewis, 94 Haw. 292, 12 P.3d 1233 (2000), a colloquy between the judge and defendant involves a verbal exchange in which the judge ascertains the defendant’s understanding of the defendant’s rights. In this case, the Court found that Han did not fully understand his constitutional right to testify or not in the Family Court and that the need for an interpreter during the trial was a “salient fact” requiring the Family Court judge to ensure that Han understood the rights that he was waiving. 2. In In re Doe, 99 Haw. 522, 57 P.3d 447, 459 (2002), the court held that “[i]n light of the constitutional protection afforded parental rights, we hold that, as an aspect of procedural due process, individuals must, as needed, be provided an interpreter at family court proceedings where their parental rights are substantially affected.” The court stated that to assess whether an interpreter is necessary, trial courts should consider the Policies for Interpreted Proceedings in the Courts of the State of Hawaii Rule 1(A).2 The court ultimately determined that the Mother did not demonstrate that she was substantially prejudiced by the absence of an interpreter at some of the hearings. 3. In the Interest of M.B., No. 29222 (Haw. App. September 30, 2009), Summary Disposition Order: Held that the right to an interpreter is not limitless. IV. Lawyer’s Ethical Responsibilities to the Limited English Proficient Client A. Basic rules 1. Ethical duty to communicate with one’s client Hawaii Rules of Professional Conduct (“HRPC”) Rule 1.4, Communication, provides, in pertinent part:

2 A copy of this document is provided as a handout. It can also be found as in Appendix B of the Hawaii Rules for Certification of Spoken and Sign Language Interpreters.


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(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. . . . “(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.”3

3 Rule 1.4. COMMUNICATION. (a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. A lawyer who receives a written offer of settlement in a civil controversy or a proffered plea bargain in a criminal case shall promptly inform the client of its substance unless prior discussions with the client have left it clear that the proposal will be unacceptable. (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

COMMENT: [1] The client should have sufficient information to participate intelligently in decisions concerning the objectives of the representation and the means by which the objectives are to be pursued, to the extent the client is willing and able to do so. For example, a lawyer negotiating on behalf of a client should provide the client with facts relevant to the matter, inform the client of communications from another party and take other reasonable steps that permit the client to make a decision regarding a serious offer from another party. A lawyer who receives an oral offer of settlement in a civil controversy or a proffered plea bargain in a criminal case should promptly inform the client of its substance unless prior discussions with the client have left it clear that the proposal will be unacceptable. See Rule 1.2(a). Even when a client delegates authority to the lawyer, the client should be kept advised of the status of the matter. [2] Adequacy of communication depends in part on the kind of advice or assistance involved. For example, in negotiations where there is time to explain a proposal the lawyer should review all important provisions with the client before proceeding to an agreement. In litigation a lawyer should explain the general strategy and prospects of success and ordinarily should consult the client on tactics that might injure or coerce others. On the other hand, a lawyer ordinarily cannot be expected to describe trial or negotiation strategy in detail. The guiding principle is that the lawyer should fulfill reasonable client expectations for information consistent with the duty to act in the client's best interests, and the client's overall requirements as to the character of representation. [3] Ordinarily, the information to be provided is that appropriate for a client who is a comprehending and responsible adult. However, fully informing the client according to this standard may be impracticable, for example, where the client is a child or suffers from mental disability. See Rule 1.14. When the client is an organization or group, it is often impossible or inappropriate to inform every one of its members about its legal affairs; ordinarily, the lawyer should address communications to the appropriate officials of the organization. See Rule 1.13. Where many routine matters are involved, a system of limited or occasional reporting may be arranged with the client. Practical exigency may also require a lawyer to act for a client without prior consultation.

Withholding Information


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a. What does “communication” mean in terms of a person of limited English proficiency (“LEP”)? b. The current HRPC Rule 1.4 is similar to the ABA Model Rule 1.4. 2. An attorney should not leave the decision of the need for an interpreter to the client. 3. If it is clear that effective attorney-client communications cannot occur without an interpreter, then the attorney should take steps to engage such services. The presence of an interpreter does not invalidate the attorney-client privilege. “The policy behind the privilege is to promote full and free discussion between a client, his attorney, and the attorney’s agents to prepare one’s case.” Conforti & Eisele, Inc. v. Div. of Building and Construction Dept. of the Treasury, 405 A.2d 487, 490, 170 N.J. Super. 64 (N.J. Super. L. 1979); U.S. v. Salamanca, 244 F.2d 1023 (D.S.D. 2003). Note that Rule 4 of the Code of Professional Conduct for Court Interpreters (Appendix B) provides that the interpreter “shall not disclose privileged communications between counsel and client.” 3. An attorney has a duty to represent the client competently. (HRPC Rule 1.1, “A lawyer shall provide competent representation to a client.”)4 In representing the client

[4] Rules or court orders governing litigation may provide that information supplied to a lawyer may not be disclosed to the client. Rule 3.4(e) directs compliance with such rules or orders. 4 Rule 1.1. COMPETENCE. A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

COMMENT: Legal Knowledge and Skill

[1] In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the relative complexity and specialized nature of the matter, the lawyer's general experience, the lawyer's training and experience in the field in question, the preparation and study the lawyer is able to give the matter, and whether it is feasible to refer the matter to, or associate, or consult with, a lawyer of established competence in the field


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competently, an attorney should make a reasonable determination of the need for an interpreter in the case. 4. One of the basic problems that could arise from the lack of communication is a fee dispute. If a language barrier exists, then how will an attorney explain his/her fees so that the client fully understands? (See HRPC Rule 1.5, “A lawyer’s fee shall be reasonable.”) 5. An attorney has responsibilities regarding the employment of an interpreter. See HRPC Rule 5.35

in question. In many instances, the required proficiency is that of a general practitioner. Expertise in a particular field of law may be required in some circumstances. [2] A lawyer need not necessarily have special training or prior experience to handle legal problems of a type with which the lawyer is unfamiliar. A newly admitted lawyer can be as competent as a practitioner with long experience. Some important legal skills, such as the analysis of precedent, the evaluation of evidence, and legal drafting, are required in all legal problems. Perhaps the most fundamental legal skill consists of determining what kind of legal problems a situation may involve, a skill that necessarily transcends any particular specialized knowledge. A lawyer can provide adequate representation in a wholly novel field through necessary study. Competent representation can also be provided through the association of a lawyer of established competence in the field in question. [3] In an emergency a lawyer may give advice or assistance in a matter in which the lawyer does not have the skill ordinarily required where referral to or consultation or association with another lawyer would be impractical. Even in an emergency, however, assistance should be limited to that reasonably necessary in the circumstances, for ill-considered action under emergency conditions can jeopardize the client's interest. [4] A lawyer may accept representation where the requisite level of competence can be achieved by reasonable preparation. This applies as well to a lawyer who is appointed as counsel for an unrepresented person. See also Rule 6.2.

Thoroughness and Preparation [5] Competent handling of a particular matter includes inquiry into and analysis of the factual and legal elements of the problem, and use of methods and procedures meeting the standards of competent practitioners. It also includes adequate preparation. The required attention and preparation are determined in part by what is at stake; major litigation and complex transactions ordinarily require more elaborate treatment than matters of lesser consequence.

Maintaining Competence [6] To maintain the requisite knowledge and skill, a lawyer should engage in continuing study and education. If a system of peer review has been established, the lawyer should consider making use of it in appropriate circumstances. 5 Rule 5.3. RESPONSIBILITIES REGARDING NONLAWYER ASSISTANTS. With respect to a nonlawyer employed or retained by or associated with a lawyer: (a) A partner in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer.


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V. ABA Standards for Language Access in the Courts:

• Standard 1: Fundamental Principles • Standard 2: Meaningful Access • Standard 3: Identifying LEP Persons • Standard 4: Interpreter Services in Legal Proceedings • Standard 5: Language Access in Court Services • Standard 6: Language Access in Court-Mandated and Offered

Services • Standard 7: Translation • Standard 8: Qualifications of Language Access Providers • Standard 9: Training • Standard 10: State-wide Coordination

VI. Judiciary’s Language Access Services A. Court Interpreter Registry The Judiciary’s Office on Equality and Access to the Courts is responsible for developing, implementing, and administering statewide programs and policies relating to access to the courts for linguistic minorities. The office recruits, registers, educates, and test interpreters.

(b) A lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyers; and (c) A lawyer shall be responsible for conduct of such a person that would be a violation of the rules of professional conduct if engaged in by a lawyer if: (1) the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or (2) the lawyer is a partner in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

COMMENT: Lawyers generally employ assistants in their practice, including secretaries, investigators, law student interns, and paraprofessionals. Such assistants, whether employees or independent contractors, act for the lawyer in rendition of the lawyer's professional services. A lawyer should give such assistants appropriate instruction and supervision concerning the ethical aspects of their employment, particularly regarding the obligation not to disclose information relating to representation of the client, and should be responsible for their work product. The measures employed in supervising nonlawyers should take account of the fact that they do not have legal training and are not subject to professional discipline.


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1. Judiciary’s Court Interpreter Certification Program is designed to promote and ensure equal access for LEP, deaf, and hard-of-hearing parties and witnesses by providing the best qualified interpreters available. The program also aims to expand and improve the Judiciary’s pool of qualified interpreters by establishing a minimum standard for court interpreter certification and coordinating the screening, training, and testing necessary to assist interpreters in meeting and surpassing this standard. a. Mandatory minimum requirements to be eligible to interpret for the state courts: (i) Attend the two-day Basic Orientation Workshop (ii) Pass the written English Proficiency Exam and the Hawaii Basic Ethics Exam (iii) Clear a criminal background check Upon successful completion of all requirements, the applicant will obtain a Tier 1 “Registered” Interpreter designation. This Tier Designation may be higher for applicants for whom an application for reciprocity has been reviewed and approved by the Judiciary. b. Opportunities for advancement for interpreters: Interpreters who have met the mandatory minimum requirements are eligible to take an oral interpreting exam to qualify for a higher tier designation and higher pay rate. c. The Judiciary hires court interpreters on a freelance basis as independent contractors. They are self- employed and are not considered Judiciary employees. d. The Office on Equality and Access to the Courts publishes a registry of interpreters available for paid assignments and who meet mandatory minimum requirements for interpreting in the state courts. The registry includes interpreters who have taken an oral interpreting exam recognized by the Judiciary and qualified for a Tier 2 or higher designation. <http://www.courts.state.hi.us/services/court_interpreting list_of_registered_interpreters.html> B. How to request an interpreter for a court proceeding. 1. Need to appear at the first scheduled hearing date.

http://www.courts.state.hi.us/services/court_interpreting/list_of_registered_interpreters.html

http://www.courts.state.hi.us/services/court_interpreting/list_of_registered_interpreters.html


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2. At the hearing, an interpreter may be requested by an oral motion by an attorney; by an oral request by a self- represented person; by a written request if self-represented; or by use of a language ID card. 3. If the judge approves the request, the case will be continued and the court will provide an interpreter at no cost to the LEP party at the next scheduled hearing date. C. Language service for out-of-court encounters 1. Bilingual volunteer staff 2. Telephone interpreter service 3. In-person interpreter 4. Translators are paid a translation fee of 14 cents per word for legal documents and 11 cents per word for non-legal documents. These fees are based on routine translation assignments of a court document in English. These fees do not apply to work for which an interpreter is already being paid the hourly fee for interpreting services. D. Multilingual documents VII. Practice Pointers A. Using interpreters 1. The basics a. Interpretation versus translation b. Interpreter qualifications An interpreter is a trained professional who is a neutral third party with the requisite bilingual skills and who follows Codes of Ethics. Rule 14 of the Hawaii Rules for Certification of Spoken and Sign Language Interpreters provide, in relevant part: 14.1 Court interpreters shall be appointed in accordance with the rules of court. When making an appointment a court should give preference to court interpreters within that circuit who have been qualified under these Rules for Certification of Spoken and Sign Language Interpreters in Hawaii State Courts.


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The Order Adopting Rule 14.2 of the Hawaii Rules for Certification of Spoken and Sign Language Interpreters was filed on April 12, 2013, which provided a new rule 14.2: 14.2 Remote Interpreting. The court may appoint an interpreter to provide interpreter services remotely, such as by telephone or other electronic means, when an interpreter is not available to appear in court in person under Rule 14.1. The use of remote interpreter services should, unless special circumstances exist, be limited to matters that are relatively short in duration and do not involve testimonial evidence. “Special circumstances” may include situations in which an interpreter is needed to interpret a language that is rare or uncommon within the circuit in which the proceeding is situated. These rules are also attached here as Appendix C. 6 c. Role of the interpreter The interpreter is not:

a bilingual staff person or advocate a bilingual community member a family member, child, or friend a person who is struggling to understand either language an expert witness a cultural expert

d. Modes of interpreting How to use the interpreter in the courtroom: -- Speak directly to the client -- Speak in short sentences with appropriate pauses

-- Avoid legalese, slang, and abbreviations -- Avoid side conversations -- Request the interpreter to interpret everything spoken If an LEP person is testifying, an interpreter is a must.

6 The Hawaii Rules for Certification of Spoken and Sign Language Interpreters can be found at the Judiciary’s website under “Legal References” - “Court Rules.” <http://www.courts.state.hi.us/legal_references/rules/rulesOfCourt.html>.


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B. Working with Limited English Proficient individuals 1. Cultural competency “Language, food, customs, religion, clothing and outward expressions make up a group’s culture, in addition to unspoken values and beliefs. There are four key components involved in cultural competence: (1) awareness of one’s own cultural worldview; (2) attitude towards cultural differences; (3) knowledge of different cultural practices and worldviews; and (4) cross-cultural communications.”7 2. External factors that affect language proficiency8:

• Unfamiliar circumstances • Emergencies • Emotionally distraught • Private, sensitive information • Persons of authority • Lots at stake

3. Communication with an LEP client, does not mean9:

• Raising one’s voice • Repeating one’s words • Speaking very slowly • Drawing pictures • Gesturing • Using baby talk

4. Tips for assessing English language proficiency10:

• Asking questions that would require narrative responses • Listening for incorrect grammar or poor sentence

structure • Listening for vocabulary usage • Evaluating fluency • Listening to the pronunciation • Identifying inappropriate responses

7 “Cultural Competence in the Courtroom: A Judge’s Insight,” Hon. Gail S. Tusan and Sharon Obialo, From the Bench, Precedent Fall 2010, 39. 8 Source: Serving LEP Clients, L. Dew Kaneshiro. 9 Adapted from Serving LEP Clients, L. Dew Kaneshiro. 10 Id.


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5. Recognizing the differences between language proficiency and literacy “Possible markers of low literacy include the following: “1. A person who has not completed high school or has difficulty speaking English; 2. A person who has filled in a form with the wrong information or has made many spelling and grammatical errors; 3. A person who claims to go to legal aid every day, but states that he or she doesn’t have time to fill in the relevant forms; 4. A person who seems not to relate to or understand questions about particular times, dates, and places; 5. A person whose writing and speaking styles don’t match; or 6. A pre-sentence report that indicates that an individual left school at a young age or before completing grade 10, or that chronicles a history of unemployment or refusal of job training, promotion, or reassignment. “Persons who have limited literacy skills may attempt to cope with feelings of fear, embarrassment, or inadequacy by behaving in ways that can appear flippant, dishonest, indifferent, uncooperative, belligerent, defensive, evasive, indecisive, frustrated, or angry. These emotional markers of low literacy may appear on the surface to be markers of a “bad attitude.”11 C. Interpreter’s Code of Ethics 1. Code of Professional Conduct for Court Interpreters. (See Appendix C).12 2. Similarly, see Rule 15 of the Hawaii Rules for Certification of Spoken and Sign Language Interpreters, which provides that the following actions is good cause for the court to disqualify or remove an interpreter in an individual legal proceeding: 11 Chapter 9, Handling Cases Involving Self-Represented Litigants, A Benchguide for Judicial Officers, January 2007. 12 This document can be found in the application packet for the certification of interpreters for Hawaii Courts at the Judiciary’s website at the subpage of the Office of Equality and Access to the Courts.


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(a) inability to interpret adequately, including where the interpreter self-reports such inability; (b) knowingly and willfully making false interpretation while serving in an official capacity; (c) knowingly and willfully disclosing confidential or privileged information obtained while serving in an official capacity; and (d) failing to appear as scheduled without good cause.

VII. Resources

1. “Tipsheet: How to Work With Interpreters and Address Problems” from Resource Guide for Advocates & Attorneys on Interpretation Services for Domestic Violence Victims, August 2009, Asian & Pacific Islander Institute on Domestic Violence. <http://apiidv.org>

2. “Legal Help for Speakers of Other Languages: Three Ethical Traps,” Paul M. Uyehara, Cornerstone, Vol. 29, No. 1, p. 8.

3. Hawaii Interpreters and Translators Association (“HITA”) is an organization comprised of practicing interpreters and translators, students, institutions, and corporations. The organization was established to promote professional standards and achieve recognition of interpreters and translators as skilled professionals.

4. American Translators Association (“ATA”) is the largest professional association of translators and interpreters in the United States. Its primary goal is promoting the profession and fostering professional development of interpreters and translators.

5. National Association of Judiciary Interpreters and Translators

(“NAJIT”) strives to promote quality interpretation and translation services in the judicial system and achieve wider recognition for the court interpretation and translation profession.

6. Interpreter Education Programs:

a. Center for Interpretation and Translation Studies (“CITS”) is a University of Hawai'i program that educates students in interpretation and translation theory and skills.

http://www.hawaiitranslators.com/

http://www.atanet.org/

http://www.najit.org/

http://www.najit.org/

http://cits.hawaii.edu/


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b. American Sign Language/Interpreter Education Program is offered by Kapiolani Community College to primarily train sign language interpreters.

7. General Reading Materials a. Astiz, Carlos A. (1986). "But They Don't Speak the Language: Achieving Quality Control of Translation in Criminal Courts." The Judges' Journal, Spring, 32-35. b. Berk-Seligon, Susan (1990). The Bilingual Courtroom: Court Interpreters in the Judicial Process. Chicago: University of Chicago Press. c. Colin, Joan and Morris, Ruth (1996). Interpreters and the Legal Process. Winchester: Waterside Press. d. De Jongh, E.M. (1992). An Introduction to Court Interpreting: Theory and Practice. Lanham, MD: University Press of America. e. Edwards, Alicia Betsy (1988). "Ethical Conduct for the Court Interpreter." The Court Manager, 22-25. National Association for Court Management. f. Edwards, Alicia B. (1995). The Practice of Court Interpreting. Amsterdam/Philadelphia: John Benjamins.

8. Free translation websites: a. Google language tools http://www.google.com/favorite_languages.html b. Babylon Translation (Language Weaver) http://translation.babylon.com/ c. Yahoo! Babel Fish (Text and web page translation) http://babelfish.com/

http://kapiolani.hawaii.edu/object/kdc.html


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APPENDIX A

Hawaii Revised Statutes [CHAPTER 321C] OFFICE OF LANGUAGE ACCESS

Section 321C-1 General purpose; purpose of the office of language access 321C-2 Definitions 321C-3 Oral and written language services 321C-4 Additional obligations 321C-5 Public meetings and public hearings 321C-6 Office of language access; established 321C-7 Language access advisory council Haw. Rev. Stat.[§321C-1] General purpose; purpose of the office of language access. Many individuals living in Hawaii read, write, speak, and understand English. There are many individuals, however, who are limited English proficient. Language for limited English proficient persons can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by state-funded programs and activities. The purpose of this chapter is to affirmatively address, on account of national origin, the language access needs of limited English proficient persons. It is the intent of the legislature that these services be guided by Executive Order No. 13166 and succeeding provisions of federal law, regulation, or guidance. The purpose of the office of language access is to address the language access needs of limited English proficient persons and ensure meaningful access to services, programs, and activities offered by the executive, legislative, and judicial branches of state government, including departments, offices, commissions, boards, or other agencies, and all covered entities, for limited English proficient persons. [L 2012, c 201, pt of §2] [§321C-2] Definitions. As used in this chapter, unless a different meaning clearly appears from the context: "Access" or "participate" means to be informed of, participate in, and benefit from the services, programs, and activities offered by the State and covered entities. "Covered entity" means a person or organization receiving state financial assistance, including grants, purchase-of-service contracts, or any other arrangement by which the State provides or otherwise makes available assistance in the form of funds to the person or organization for the purpose of


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rendering services to the public. It shall not include procurement contracts, state insurance or guaranty contracts, licenses, tax credits, or loan guarantees to private businesses of general concern that do not render services on behalf of the State. "Executive director" means the executive director of the office of language access. "Language" means human speech or the expression of ideas by written characters and includes systems used by nations, people, or other distinct communities. "Limited English proficient person" means an individual who, on account of national origin, does not speak English as the person's primary language and self identifies as having a limited ability to read, write, speak, or understand the English language. "Oral language services" means the free provision of oral information necessary to enable limited English proficient persons to access or participate in services, programs, or activities of a state agency or covered entity. "Purchase-of-service contract" means any and all types of formal written agreements, regardless of what they may be called, between the State and any person, to purchase or otherwise acquire any service for the purpose of rendering services to the public. "State" or "state agency" means the executive, legislative, or judicial branches of state government, including departments, offices, commissions, boards, or other agencies within the executive, legislative, or judicial branches. "Vital documents" means printed documents that provide important information necessary to access or participate in services, programs, and activities of a state agency or covered entity, including but not limited to applications, outreach materials, and written notices of rights, denials, losses, or decreases in benefits or services. "Written language services" means the free provision of written information necessary to enable limited English proficient persons to access or participate in services, programs, or activities of a state agency or covered entity. [L 2012, c 201, pt of §2] [§321C-3] Oral and written language services. (a) Each state agency and all covered entities shall take reasonable steps to ensure meaningful access to services, programs, and activities by limited English proficient persons, which will be determined by a totality of circumstances, including the following factors: (1) The number or proportion of limited English proficient persons

served or encountered in the eligible service population; (2) The frequency with which limited English proficient persons

come in contact with the services, programs, or activities;


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(3) The nature and importance of the services, programs, or activities; and

(4) The resources available to the State or covered entity and the costs.

(b) Subject to subsection (a), each state agency and covered entity shall provide competent, timely oral language services to limited English proficient persons who seek to access services, programs, or activities. (c) Subject to subsection (a), each state agency and covered entity shall provide written translations of vital documents to limited English proficient persons who seek to access services, programs, or activities, as follows: (1) Written translations of vital documents for each eligible limited

English proficient group that constitutes five per cent or one thousand, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered; or

(2) If there are fewer than fifty persons in a limited English proficient group that reaches the five per cent threshold in paragraph (1), written notice in the primary language to the limited English proficient language group of the right to receive competent oral interpretation of those written materials, free of cost.

(d) To the extent that the State requires additional personnel to provide language services based on the determination set forth in this section, the State shall hire qualified personnel who are bilingual to fill existing, budgeted vacant public contact positions. [L 2012, c 201, pt of §2] [§321C-4] Additional obligations. (a) Each state agency and covered entity shall establish a plan for language access. (b) Each state agency's plan for language access shall be established in consultation with the executive director and the state agency's coordinator for language access. State agencies receiving federal financial assistance that did not file an initial language access plan pursuant to former section 371-34(b) by July 1, 2007, shall file an initial language access plan with the executive director no later than July 1, 2013, and every two years thereafter. All other state agencies that did not file a language access plan pursuant to former section 371-34(b) by July 1, 2008, shall file a language access plan with the executive director no later than July 1, 2014, and every two years thereafter. Agencies that filed initial language access plans pursuant to former section 371-34(b) by July 1, 2007, and July 1, 2008, shall continue to file their plans with the executive director every two years thereafter. (c) Each state agency shall designate a language access coordinator who shall establish and implement the plan for language access in consultation with the executive director and the language access advisory council. [L 2012, c 201, pt of §2]


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[§321C-5] Public meetings and public hearings. (a) State agencies to which this chapter applies shall not be required to translate meeting notices, agendas, or minutes. (b) Subject to section 321C-3, oral language services for public meetings or public hearings held by the legislature shall be provided if requested at least forty-eight hours in advance of the meeting or hearing. When the notice of any public meeting or public hearing is posted less than forty–eight hours in advance of the meeting or hearing, oral language services shall be provided if requested at least twenty-four hours in advance of the meeting or hearing. [L 2012, c 201, pt of §2] [§321C-6] Office of language access; established. (a) There is established within the department of health, for administrative purposes only, the office of language access. The head of the office shall be known as the executive director of the office of language access. The executive director shall be appointed by the governor without regard to chapter 76. The executive director shall: (1) Provide oversight, central coordination, and technical

assistance to state agencies in their implementation of language access requirements under this chapter or under any other law, regulation, or guidance;

(2) Provide technical assistance to covered entities in their implementation of this chapter;

(3) Review and monitor each state agency's language access plan for compliance with this chapter;

(4) Where reasonable access is not provided, endeavor to eliminate the barrier using informal methods such as conference, conciliation, mediation, or persuasion. Where the language access barrier cannot be eliminated by informal methods, the executive director shall submit a written report with the executive director's opinion and recommendation to the state agency or the covered entity. The executive director may request the state agency or the covered entity to notify the executive director, within a specified time, of any action taken on the executive director's recommendation;

(5) Consult with language access coordinators, the language access advisory council, and state department directors or their equivalent;

(6) Subject to section 321C-3, create, distribute to the State, and make available to covered entities multilingual signage in the more frequently encountered languages in the State, and other languages as needed, informing individuals of their right to free oral language services and inviting them to identify themselves as persons needing services; and


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(7) Adopt rules pursuant to chapter 91 to address the language needs of limited English proficient persons. [L 2012, c 201, pt of §2]

[§321C-7] Language access advisory council. (a) There is established the language access advisory council, which shall be placed within the department of health for administrative purposes only. The council shall consist of the following members to be appointed by the governor: (1) One representative from the state government; (2) One representative from a covered entity; (3) One bilingual worker who is or has been employed by a state-

funded immigrant service agency or program; (4) One representative of an advocacy organization that provides

services to limited English proficient persons; (5) One member from the limited English proficient population

who has an interest in the provision of oral language services; (6) One representative from an accredited institution of higher

learning who provides professional training in interpretation and translation;

(7) One representative of a Hawaiian language advocacy organization;

(8) One representative of a professional interpreter's organization; (9) One representative of a bilingual referral service or program; (10) One representative residing in the county of Hawaii who has

shown interest in language access; (11) One representative residing in the county of Kauai who has

shown interest in language access; (12) One representative residing in the county of Maui who has

shown interest in language access; (13) One representative residing in the city and county of

Honolulu who has shown interest in language access; (14) One member-at-large; (15) The executive director of the Hawaii civil rights commission or

authorized representative, as an ex-officio member; (16) One representative from the disability and communication

access board, as an ex-officio member; and (17) The executive director, as an ex-officio member. (b) Members shall be appointed in accordance with section 26-34. The terms of the members shall be for four years. The council shall select one of its members to serve as chair. No member of the council shall receive any compensation for council services, but shall be allowed necessary expenses for travel, board, and lodging incurred in the performance of council duties.


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(c) The language access advisory council shall serve in an advisory capacity to the executive director, providing input on: (1) Implementation and compliance with this chapter; (2) The quality of oral and written language services provided

under this chapter; and (3) The adequacy of a state agency or covered entity's

dissemination and training of its employees likely to have contact with limited English proficient persons, its policies and procedures for language services, its competency in working effectively with in-person and telephone interpreters, and its understanding of the dynamics of interpretation between clients, providers, and interpreters. [L 2012, c 201, pt of §2]


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APPENDIX B

CODE OF PROFESSIONAL CONDUCT FOR COURT INTERPRETERS Rule 1. Court interpreters shall act strictly in the interests of the court they serve. Rule 2. Court interpreters shall reflect proper court decorum and act with dignity and respect toward the officials and staff of the court and all other participants in the proceeding. Rule 3. Court interpreters shall avoid professional or personal conduct which could discredit the court. Rule 4. A court interpreter shall not disclose privileged communications between counsel and client. A court interpreter shall not make statements about the merits of the case during the proceeding. Court interpreters, except upon court order, shall not disclose confidential information about court cases obtained while performing interpreting duties. Rule 5. A court interpreter shall disclose to the judge and to all parties any actual or apparent conflict of interest. Any condition that may interfere with the objectivity of an interpreter constitutes a conflict of interest. A conflict may exist if the interpreter is acquainted with or related to any witness or party to the action or others significantly involved in the case, or if the interpreter has an interest in the outcome of the case. An interpreter shall not engage in conduct creating the appearance of bias, prejudice, or partiality. Rule 6. Court interpreters shall work unobtrusively with full awareness of the nature of the proceedings. Rule 7. Court interpreters shall interpret accurately and faithfully without indicating personal bias and shall avoid even the appearance of partiality. Rule 8. Court interpreters shall maintain impartiality by avoiding undue contact with witnesses, attorneys, and parties and their families, and by avoiding contact with jurors. This should not limit, however, appropriate contacts necessary to prepare adequately for their assignment. Rule 9. A court interpreter shall not give legal advice to parties and witnesses, nor recommend specific attorneys or law firms. Court interpreters shall refrain from giving advice of any kind to any party or individual and from expressing personal opinion in a matter before the court.


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Rule 10. Court interpreters shall perform to the best of their ability to assure due process for the parties, accurately state their professional qualifications and refuse any assignment for which they are not qualified or under conditions which substantially impair their effectiveness. A court interpreter's best skills and judgment shall be used to interpret accurately without embellishing, omitting or editing. Court interpreters shall preserve the level of language used, and the ambiguities and nuances of the speaker and the language used. They shall also correct any error of interpretation, and shall request clarification of ambiguous statements or unfamiliar vocabulary and analyze objectively any challenge to their performance. Interpreters shall call to the attention of the court any factors or conditions that adversely affect their ability to perform adequately. Rule 11. Court interpreters shall accept no remuneration, gifts, gratuities, or valuable consideration in excess of the authorized compensation for the performance of their interpreting duties, and shall avoid conflicts of interest or the appearance thereof. Rule 12. Court interpreters should support other court interpreters by sharing knowledge and expertise with them to the extent practicable in the interests of the court. Rule 13. Court interpreters shall not take advantage of knowledge obtained in the performance of duties, or by their access to court records, facilities, or privileges, for their own or another's personal gain. Rule 14. A court interpreter performing interpretation services in connection with any state court proceeding agrees to be bound by this Code, and understands that appropriate sanctions may be imposed by the court for willful violations. Rule 15. A court interpreter should, through continuing education, maintain and improve his or her interpreting skills and knowledge of procedures used by the courts. A court interpreter should seek to elevate the standards of performance of the interpreting profession. Rule 16. Court interpreters should inform the court of any impediment to the observance of this Code or of any act by another in violation of this Code.


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APPENDIX C

HAWAI‘I RULES FOR CERTIFICATION OF SPOKEN AND SIGN

LANGUAGE INTERPRETERS (SCRU-12-0000600)

Adopted and Promulgated by the Supreme Court

of the State of Hawai‘i

Adopted July 11, 2007

Effective nunc pro tunc July 1, 2007

The Judiciary State of Hawai‘i


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HAWAI‘I RULES FOR CERTIFICATION OF SPOKEN AND SIGN LANGUAGE

INTERPRETERS

Table of Contents

Rule 1. PRINCIPLES, APPLICATION, AUTHORITY

AND SCOPE Rule 2. GENERAL ELIGIBILITY FOR COURT INTERPRETER

CERTIFICATION Rule 3. WAIVER OF CERTIFICATION REQUIREMENTS Rule 4. APPLICATION FOR ADMISSION TO THE COURT

INTERPRETER CERTIFICATION PROGRAM Rule 5. POLICIES FOR INTERPRETED PROCEEDINGS IN

THE COURTS OF THE STATE OF HAWAI‘I Rule 6. BASIC ORIENTATION TRAINING

Rule 7. WRITTEN ENGLISH PROFICIENCY EXAMINATION Rule 8. WRITTEN BASIC COURT INTERPRETER

ETHICS EXAMINATION Rule 9. CRIMINAL RECORD CHECK AND EVALUATION

OF CHARACTER AND FITNESS Rule 10. ORAL/SIGN LANGUAGE INTERPRETER PROFICIENCY

EXAMINATION Rule 11. ISSUANCE OF CERTIFICATE OF COURT INTERPRETER

TIER DESIGNATION STATUS Rule 12. TIERS OF COURT INTERPRETER DESIGNATION STATUS

http://www.courts.state.hi.us/docs/court_rules/rules/cssli.htm#Rule_1.













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Rule 13. HAWAI‘I STATE COURT INTERPRETER REGISTRY Rule 14. APPOINTMENT OF COURT INTERPRETER Rule 15. DISQUALIFICATION OR REMOVAL OF COURT

INTERPRETER FROM LEGAL PROCEEDING Rule 16. EXPENSES AND FEES

Rule 17. PROCEDURES FOR COMPLAINTS AND DISCIPLINE Rule 18. CONTINUING EDUCATION REQUIREMENTS

Appendix A - Tiers of Court Interpreter Designation

Appendix B - Order Adopting the Policies for Interpreted Proceedings in the Courts

of the State of Hawai‘i, filed June 22, 1995

Rule 1. PRINCIPLES, APPLICATION, AUTHORITY AND SCOPE 1.1 The purpose of these Rules for Certification of Spoken and Sign Language Interpreters is to establish a Court Interpreter Certification Program that will provide a process by which court interpreters may be registered, certified, and otherwise qualified in order to assist judges, attorneys, and other court personnel in selecting quality interpreter services in the Hawai‘i State Courts. 1.2 All persons involved in proceedings before the Hawai‘i State Courts, regardless of literacy or proficiency in the English language, have the right to equal access to the courts and to services and programs provided by the Hawai‘i State Courts. 1.3 A person who is Limited English Proficient (LEP), deaf, or hard-of-hearing shall, throughout a legal proceeding, have the right to the assistance of an interpreter appointed by the court as provided by court rule. 1.4 The Office of the Administrative Director shall administer the program established by these rules for certification and for providing language interpretation services for court users who are LEP, deaf, or hard-of-hearing, who are principal parties in interest and/or witnesses participating in legal proceedings in Hawai‘i State Courts. 1.5 For purposes of these Rules for Certification of Spoken and Sign Language Interpreters, any reference to the Administrative Director or the Office of Administrative Director includes the Judiciary’s Office on Equality and Access to the Courts and such other offices as the Administrative Director shall designate with responsibility for the program. Rule 2. GENERAL ELIGIBILITY FOR COURT INTERPRETER CERTIFICATION 2.1 An applicant shall be eligible for consideration for certification as a spoken or sign language court interpreter upon establishing to the satisfaction of the Administrative Director that the applicant:







http://www.courts.state.hi.us/docs/court_rules/rules/cssli.htm#APPENDIX_A

http://www.state.hi.us/jud/ctrules/cssliappendixb.pdf


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(a) is at least 18 years of age; (b) is a citizen, permanent resident alien or national of the United States, or a non-citizen with employment authorization from the United States Citizenship & Immigration; (c) possesses a valid General Excise Tax license issued by the State of Hawai‘i; (d) is of good character and fit to serve as a court interpreter; (e) attended and successfully completed a two-day court interpreter certification basic orientation training administered by the Administrative Director; (f) passed a written English proficiency examination administered by the Administrative Director; (g) passed a written basic court interpreter ethics examination administered by the Administrative Director; and (h) passed clearance of a criminal background check as required by Rule 9. 2.2 An applicant shall be designated as a certified or otherwise approved spoken language court interpreter if the applicant meets all of the requirements set forth in Rule 2.1 (a) through (h) above and passes an oral language interpreter proficiency examination administered by the Administrative Director. See Appendix A. 2.3 An applicant shall be designated as a certified or otherwise approved sign language court interpreter by the Administrative Director if the applicant meets all of the requirements set forth in Rule 2.1 (a) through (h) and holds a valid certification by an organization or association for the deaf or hard-of-hearing at a level appropriate for court work, as determined by the Administrative Director. See Appendix A. Rule 3. WAIVER OF CERTIFICATION REQUIREMENTS 3.1 The Administrative Director may waive the requirements of Rule 2.1(e), 2.1(f), 2.1(g), 2.1(h), or 2.2 upon trustworthy evidence that the applicant has otherwise met the requirement. Rule 4. APPLICATION FOR ADMISSION TO THE COURT INTERPRETER CERTIFICATION PROGRAM 4.1 An applicant desiring admission to the Court Interpreter Certification Program for spoken language and/or sign language interpreters shall complete and submit a written application on a form provided by the Administrative Director. 4.2 Applications shall be screened and processed by the Office of the Administrative Director. This process includes a review of each applicant’s eligibility under Rule 2.1, academic background, language proficiency, and prior interpreting/translation experience. Each applicant shall be advised in writing of the time and place at which the next phase of the certification process will be conducted. Any applicant whose application is denied shall be promptly notified. Rule 5. POLICIES FOR INTERPRETED PROCEEDINGS IN THE COURTS OF THE STATE OF HAWAI‘I 5.1 Each applicant shall, when notified that his or her application has been processed, receive a copy of the Order Adopting the Policies for Interpreted Proceedings in the Courts of the State of Hawai‘i, including the Professional Code of Conduct, issued by the Hawai‘i Supreme Court on June 22, 1995. Knowledge of the Professional Code of Conduct is an important component of: (a) the Court Interpreter Certification Program basic orientation training; and (b)


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written English proficiency and basic court interpreter ethics examinations. Each interpreter shall be subject to the Professional Code of Conduct issued by the Hawai‘i Supreme Court on June 22, 1995 and subsequent amendments thereto. Rule 6. BASIC ORIENTATION TRAINING 6.1 Each applicant must fully attend and complete, at the applicant’s own expense, a two-day court interpreter certification basic orientation training conducted by the Administrative Director. The training shall be designed to: (a) familiarize the applicant with the Court Interpreter Certification Program and the Hawai‘i State Court system and (b) provide instruction on the role of the interpreter and the skills and ethics required of an interpreter in the courtroom. 6.2 Dates, times, locations, and registration fees for the basic orientation training shall be determined by the Administrative Director. Rule 7. WRITTEN ENGLISH PROFICIENCY EXAMINATION 7.1 Following full attendance and completion of the court interpreter certification basic orientation training, each applicant must take the written English proficiency examination administered by the Administrative Director and achieve a passing score as determined by the Administrative Director. 7.2 Each applicant may take any single version of the written English proficiency examination a maximum of two times and may not take the same version within a six-month period. 7.3 Each applicant shall be notified in writing by regular mail of the applicant’s score on the written English proficiency examination. (Amended June 25, 2008, effective July 1, 2008.) Rule 8. WRITTEN BASIC COURT INTERPRETER ETHICS EXAMINATION 8.1 Following full attendance and completion of the court interpreter certification basic orientation training, each applicant must take the written basic court interpreter ethics examination administered by the Administrative Director and achieve a passing score as determined by the Administrative Director. 8.2 The number of times an applicant may take any single version of the written basic court interpreter ethics examination is unlimited. 8.3 Each applicant shall be notified in writing by regular mail of the applicant’s score on the written basic court interpreter ethics examination. Rule 9. CRIMINAL RECORD CHECK AND EVALUATION OF CHARACTER AND FITNESS 9.1 A court interpreter must be one whose record of conduct justifies the trust of the court, witnesses, jurors, attorneys, parties, and the public. To protect the integrity of court and legal proceedings and the safety of the public, applicants shall undergo a criminal record check and may be subject to other lawful reference and/or background checks as required by the Administrative Director. 9.2 Following full attendance and completion of the two-day court interpreter certification basic orientation training and passage of both the written English proficiency and basic court interpreter ethics examinations, a criminal record check shall be conducted on applicants consistent with applicable law.


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9.3 Applicants must provide required information necessary to conduct the criminal record check and must pay any associated fees as required by the Administrative Director. 9.4 An applicant may be disqualified from registration and/or certification as a court interpreter if deemed unfit by the Administrative Director. In evaluating an applicant’s character and fitness to serve as a court interpreter where the applicant’s criminal or other record indicates any deficiency in the applicant’s honesty, trustworthiness, diligence, or reliability that is material to the applicant’s performance as a court interpreter, the following, non-exclusive factors may be considered in assigning weight and significance to prior conduct: (a) the applicant’s age at the time of the conduct; (b) the recency of the conduct; (c) the reliability of the information concerning the conduct; (d) the seriousness of the conduct; (e) the factors underlying the conduct; (f) the cumulative effect of the conduct; (g) evidence of rehabilitation; (h) the applicant’s positive social contributions since the conduct; (i) the applicant’s candor in the certification process; and (j) the materiality of any admissions or misrepresentations. 9.5 Each applicant shall be notified in writing by regular mail of the outcome of the criminal record check and evaluation of the applicant’s character and fitness to serve as a court interpreter. Rule 10. ORAL/SIGN LANGUAGE INTERPRETER PROFICIENCY EXAMINATION 10.1 Spoken and sign language interpreters who have fully attended and completed the court interpreter certification basic orientation training, passed both the written English proficiency and basic court interpreter ethics examinations, cleared the criminal record check and character and fitness evaluation, and achieved a passing score on an oral/sign language interpreter proficiency examination administered or recognized by the Administrative Director, will be given a tier designation in accordance with Rule 12. 10.2 Each applicant may take any single version of any of the oral language interpreter proficiency examination administered by or through the Administrative Director a maximum of two times, and may not take a single version more than once a year. 10.3 Each applicant shall be notified in writing by regular mail of the applicant’s score on the oral language interpreter proficiency examination. Rule 11. ISSUANCE OF CERTIFICATE OF COURT INTERPRETER TIER DESIGNATION STATUS 11.1 Upon satisfactory completion of the specified requirements in these rules, the Administrative Director shall issue a certificate to the court interpreter indicating the tier designation status achieved, subject to any continuing education requirements determined by the Administrative Director under Rule 18 below. See Appendix A. Rule 12. TIERS OF COURT INTERPRETER DESIGNATION STATUS 12.1 Spoken and sign language interpreters meeting requirements under Rule 2.1 (a) through (h) shall be designated Tier 1 “Registered” court interpreters and are eligible to pursue


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higher Tier designations based on passage of oral/sign language interpreter proficiency examinations approved by the Administrative Director. 12.2 Spoken language Tier 1 “Registered” interpreters shall be designated Tier 2 “Conditionally Approved”; Tier 3 “Approved”; Tier 4 “Certified”; or Tier 6 “Certified Master” interpreters by achieving the requisite scores on oral language interpreter proficiency examinations of the Consortium for State Court Interpreter Certification or LionBridge. See Appendix A. 12.3 Spoken language Tier 1 “Registered” interpreters shall be designated Tier 6 “Certified Master” interpreters by achieving requisite scores on the Federal Court Interpreter Certification Examination (FCICE); Tier 3 “Approved” interpreters in languages for which a Consortium oral examination does not exist by achieving “Conference Interpreter” designation; Tier 2 "Conditionally Approved" by achieving "Seminar Interpreter" designation through the United States State Department oral examination. See Appendix A. 12.4 Sign language Tier 1 “Registered” interpreters shall be designated Tier 3 “Approved”; Tier 4 “Certified”; Tier 5 “Certified Advanced”; or Tier 6 “Certified Master” interpreters by achieving the requisite designations based on scores achieved on sign language examinations administered by the Registry of Interpreters for the Deaf (RID), the National Association of the Deaf (NAD), or the Hawai‘i Quality Assurance System (HQAS). See Appendix A. Rule 13. HAWAI‘I STATE COURT INTERPRETER REGISTRY 13.1 Interpreters who receive certificates pursuant to Rule 11 shall be listed in the Hawai‘i State Court Interpreter Registry. Rule 14. APPOINTMENT OF COURT INTERPRETER [See order of amendment adopting Rule 14.2. Adopted 04/12/2013; effective 07/01/2013] 14.1 Court interpreters shall be appointed in accordance with the rules of court. When making an appointment, a court should give preference to court interpreters within that circuit who have been qualified under these Rules for Certification of Spoken and Sign Language Interpreters in Hawai‘i State Courts. A court interpreter who has been qualified under these rules shall be paid in accordance with the interpreter’s designation. See Appendix A. (Amended June 27, 2012, effective July 1, 2012.) Rule 15. DISQUALIFICATION OR REMOVAL OF COURT INTERPRETER FROM LEGAL PROCEEDING 15.1 A court may disqualify or remove a court interpreter from a legal proceeding for good cause, including but not limited to, failing to follow applicable laws, rules of court, or the Order

http://www.courts.state.hi.us/docs/court_rules/pdf/2013/2013_cssliadopt14.2_ada.pdf


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ASL Certified $45 NAD V; or HQAS V; or RID CI and CT; or RID CDI; or RID CSC; or RID RSC

3 Spoken Approved $40

Full Consortium Oral Exam: 60% for Simultaneous; 60% for Consecutive; 60% overall for Sight Translation, with at

least 55% for each subpart; or Abbreviated Consortium Oral Exam: 70% for Simultaneous; 70% for Oral English

Proficiency component; or Alternative Credential Recognition for passage of an exam

approved by the Judiciary in language for which the Consortium oral exam does not exist; or US State

Department Oral Exam "Conference Interpreter" designation

ASL Approved $40 NAD IV; or HQAS IV; or RID CI or CT

2 Spoken Conditionally

Approved $35

Abbreviated Consortium Oral Exam: 60% for Simultaneous; 60% for Oral English Proficiency

component; or Alternative Credential Recognition for passage of an exam

approved by the Judiciary in language for which the Consortium oral exam does not exist; or US State

Department Oral Exam "Seminar Interpreter" designation

ASL N/A N/A N/A

1 Spoken Registered $25

2-Day Basic Orientation Workshop: 70% for Consortium Written Exam; 80% for Hawai‘i Basic Ethics Test; and

Passage of Criminal Background Check

ASL Registered $25 2-Day Basic Orientation Workshop: 70% for Consortium Written Exam; 80% for Hawai‘i Basic Ethics Test; and

Passage of Criminal Background Check

Office on Equality and Access to the Courts Effective July 1, 2008 [Appendix B - Order Adopting the Policies for Interpreted Proceedings in the Courts of

the State of Hawai‘i, filed June 22, 1995]

http://www.state.hi.us/jud/ctrules/cssliappendixb.pdf

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