71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1185
Senate Bill 76
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Judiciary
Committee for Judicial Department, Access to Justice for All
Committee)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Provides that interpreters who have not been certified need to
submit qualifications on record.
Provides that code of professional responsibility for
interpreters does not apply to persons who supervise or
administer provision of interpreter services.
Provides that program for certification of court interpreters
include processes for receiving comment and input on policies and
procedures of certification program, on compliance with laws
governing interpreters and on compliance with interpreter code of
professional responsibility. Requires that program establish
process for appealing decisions on certification of interpreters.
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to qualifications of interpreters; amending ORS 40.325,
45.275, 45.288 and 45.291; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 45.275, as amended by section 4, chapter 1041,
Oregon Laws 1999, is amended to read:
45.275. (1) The court shall appoint a qualified interpreter in
a civil or criminal proceeding, and a hearing officer or the
designee of a hearing officer shall appoint a qualified
interpreter in an adjudicatory proceeding, whenever it is
necessary:
(a) To interpret the proceedings to a non-English-speaking
party;
(b) To interpret the testimony of a non-English-speaking party
or witness; or
(c) To assist the court, agency or hearing officer in
performing the duties and responsibilities of the court, agency
or hearing officer.
(2) No fee shall be charged to any person for the appointment
of an interpreter to interpret testimony of a
non-English-speaking party or witness, or to assist the court,
agency or hearing officer in performing the duties and
responsibilities of the court, agency or hearing officer. No fee
shall be charged to a non-English-speaking party who is unable to
pay for the appointment of an interpreter to interpret the
proceedings to the non-English-speaking party. No fee shall be
charged to any person for the appointment of an interpreter if
appointment is made to determine whether the person is unable to
pay or non-English-speaking for the purposes of this section.
(3) A non-English-speaking party shall be considered unable to
pay for an interpreter for the purposes of this section if:
(a) The party makes a verified statement and provides other
information in writing under oath showing financial inability to
pay for a qualified interpreter, and provides any other
information required by the court or agency concerning the
inability to pay for such an interpreter; and
(b) It appears to the court or agency that the party is in fact
unable to pay for a qualified interpreter.
(4) Fair compensation for the services of an interpreter
appointed under this section shall be paid:
(a) By the county, subject to the approval of the terms of the
contract by the governing body of the county, in a proceeding in
a county or justice court.
(b) By the city, subject to the approval of the terms of the
contract by the governing body of the city, in a proceeding in a
municipal court.
(c) By the state in a proceeding in a circuit court. Amounts
payable by the state shall be from funds available to the court
other than the State Court Indigent Defense Account established
by ORS 151.465, except that fees of an interpreter necessary for
the purpose of communication between appointed counsel and a
client or witness in a criminal case shall be payable from that
account.
(d) By the agency in an adjudicatory proceeding.
(5) Where a party or witness is dissatisfied with the
interpreter selected by the court, the hearing officer or the
designee of the hearing officer, the party or witness may use any
certified interpreter. However, if the substitution of another
interpreter will delay the proceeding, good cause must be shown
for any substitution other than a substitution made by the judge
or hearing officer. Any party may object to use of any
interpreter for good cause. Unless the court, hearing officer or
the designee of the hearing officer has substituted interpreters
for cause, the party using any interpreter other than the
interpreter originally appointed by the court, hearing officer or
the designee of the hearing officer shall bear any additional
costs beyond the amount required to pay the original interpreter.
(6) A court may allow as costs reasonable expenses incurred by
a party in employing the services of an interpreter in civil
proceedings in the manner provided by ORCP 68.
(7) { + A court, a hearing officer or the designee of a
hearing officer shall require + }any person serving as an
interpreter for the court or agency { - shall state or submit
the person's qualifications on the record unless waived or
otherwise stipulated to by the parties or counsel for the
parties - } { + to state the person's name on the record and
whether the person is certified under ORS 45.291 + }. { + If
the person is not certified under ORS 45.291, the interpreter
must submit the interpreter's qualifications on the record unless
that submission is waived by the court, by the hearing officer or
the designee of the hearing officer, or by the parties. The
court, the hearing officer or the designee of the hearing officer
shall require any person who is not certified under ORS 45.291
and who is serving as + } an interpreter for the court or in an
adjudicatory proceeding { - shall - } { + to + } swear or
affirm under oath to make a true and impartial interpretation of
the proceedings in an understandable manner using the
interpreter's best skills and judgment in accordance with the
standards and ethics of the interpreter profession.
(8) For the purposes of this section:
(a) 'Non-English-speaking person' means a person who, by reason
of place of birth or culture, speaks a language other than
English and does not speak English with adequate ability to
communicate effectively in the proceedings.
(b) 'Qualified interpreter' means a person who is readily able
to communicate with the non-English-speaking person and who can
orally transfer the meaning of statements to and from English and
the language spoken by the non-English-speaking person. A
qualified interpreter must be able to interpret in a manner that
conserves the meaning, tone, level, style and register of the
original statement, without additions or omissions. 'Qualified
interpreter' does not include any person who is unable to
interpret the dialect, slang or specialized vocabulary used by
the party or witness.
SECTION 2. ORS 45.288, as amended by section 6, chapter 1041,
Oregon Laws 1999, is amended to read:
45.288. (1) Except as provided by this section, whenever a
court is required to appoint an interpreter for any person in a
proceeding before the court, or whenever a hearing officer is
required to appoint an interpreter in an adjudicatory proceeding,
the court, hearing officer or the designee of the hearing officer
shall appoint a qualified interpreter who has been certified
under ORS 45.291. If no certified interpreter is available, able
or willing to serve, the court, hearing officer or the designee
of the hearing officer shall appoint a qualified interpreter.
Upon request of a party or witness, the court, hearing officer or
designee of the hearing officer, in the discretion of the court,
hearing officer or the designee of the hearing officer, may
appoint a qualified interpreter to act as an interpreter in lieu
of a certified interpreter in any case or adjudicatory
proceeding.
(2) The requirements of this section apply to appointments of
interpreters for disabled persons, as defined in ORS 45.285, and
for non-English-speaking persons, as defined in ORS 45.275.
(3) The court, hearing officer or the designee of the hearing
officer may not appoint any person under ORS 45.272 to 45.297 if:
(a) The person has a conflict of interest with any of the
parties or witnesses in the proceeding;
(b) The person is unable to understand the judge, hearing
officer, party or witness, or cannot be understood by the judge,
hearing officer, party or witness; or
(c) The person is unable to work cooperatively with the judge
of the court, the hearing officer, the person in need of an
interpreter or the counsel for that person.
(4) The Supreme Court shall adopt a code of professional
responsibility for interpreters. The code is binding on all
interpreters who provide interpreter services in the courts or in
adjudicatory proceedings before agencies { - , and on all
persons who supervise or administer the provision of interpreter
services in the courts or in adjudicatory proceedings before
agencies - } .
(5) For the purposes of this section, 'qualified interpreter'
means a person who meets the requirements of ORS 45.285 for a
disabled person, or a person who meets the requirements of ORS
45.275 for a non-English-speaking person.
SECTION 3. ORS 45.291 is amended to read:
45.291. (1) Subject to the availability of funding, the State
Court Administrator shall establish a program for the
certification of court interpreters. The program shall be
established by rules adopted pursuant to ORS 1.002 and shall
include, but not be limited to, provisions for:
(a) Prescribing the form and content of applications for
certification;
(b) Prescribing and collecting reasonable fees for the
application, examination, certification and renewal of
certification for court interpreters;
(c) Establishing categories of certificates based on the nature
of the interpreter services to be provided, including categories
for interpreters for disabled persons, as defined in ORS 45.285,
and for interpreters for non-English-speaking persons, as defined
in ORS 45.275;
(d) Establishing minimum competency requirements for court
interpreters in the various categories of certification;
(e) Establishing teaching programs designed to educate court
interpreters in ethical, substantive and procedural legal issues;
(f) Prescribing the form of and administering examinations for
the purpose of testing court interpreters for competency and
ethics; { - and - }
(g) Establishing grounds for renewal, suspension or
cancellation of certificates { + ;
(h) Establishing a process for receiving comments and input
into the policy and procedures of the certification program;
(i) Establishing a process for receiving comments and input on
compliance with ORS 45.272 to 45.297;
(j) Establishing a process for receiving comments and input on
compliance with the code of professional responsibility adopted
under ORS 45.288; and
(k) Establishing a process by which an adversely affected
interpreter may seek review of any decision made by the State
Court Administrator on renewal, suspension or cancellation of a
certificate + }.
(2) An interpreter may be certified in Oregon by the State
Court Administrator upon satisfactory proof that the interpreter
is certified in good standing by the federal courts or by a state
having a certification program that is equivalent to the program
established under this section.
SECTION 4. ORS 40.325 is amended to read:
40.325. An interpreter is subject to the provisions of the
Oregon Evidence Code relating to qualification as an expert and
the administration of an oath or affirmation that the interpreter
will make a true { - translation - } { + and impartial
interpretation of the proceedings in an understandable manner
using the interpreter's best skills and judgment in accordance
with the standards and ethics of the interpreter profession + }.
SECTION 5. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect July 1,
2001. + }
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