Chapter 1041 Oregon Laws 1999

Session Law

AN ACT

SB 38

Relating to interpreters; creating new provisions; amending ORS 45.273, 45.275, 45.285 and 45.288; and repealing ORS 183.418 and 183.421.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 45.273 is amended to read:

45.273. (1) It is declared to be the policy of this state to secure the constitutional rights and other rights of persons who are unable to readily understand or communicate in the English language because of a non-English speaking cultural background or a disability, and who as a result cannot be fully protected in [legal] administrative and court proceedings unless qualified interpreters are available to provide assistance.

(2) It is the intent of the Legislative Assembly in passing ORS [45.275, 45.285, 45.288, 45.291, 45.294 and] 45.273 to 45.297 to provide a procedure for the qualification and use of court interpreters. Nothing in ORS 45.273[, 45.275, 45.285, 45.288, 45.291, 45.294 or] to 45.297 abridges the rights or obligations of parties under other laws or court rules.

SECTION 2. Section 3 of this 1999 Act is added to and made a part of ORS 45.273 to 45.297.

SECTION 3. As used in ORS 45.273 to 45.297:

(1) "Adjudicatory proceeding" means:

(a) Any contested case hearing conducted under ORS 183.310 to 183.550; or

(b) Any hearing conducted by an agency in which the individual legal rights, duties or privileges of specific parties are determined if that determination is subject to judicial review by a circuit court or by the Court of Appeals.

(2) "Agency" has that meaning given in ORS 183.310.

SECTION 4. ORS 45.275 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 [an indigent] a non-English speaking party who is unable to pay for the appointment of an interpreter to interpret the proceedings to the [indigent] 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 [indigent] unable to pay or non-English speaking for the purposes of this section.

(3) A non-English speaking party shall be considered [indigent] 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 [indigent and] 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 [the] 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) Any person serving as an interpreter for the court [in a civil or criminal proceeding] 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. An interpreter for the court or in an adjudicatory proceeding shall swear or affirm under oath to make a true and impartial [translation] 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[, translate the proceedings and accurately repeat and translate the statements of the non-English speaking person into oral English, and the statements of other persons into the language spoken by 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 [or translate fluently] the dialect, slang or specialized vocabulary used by the party or witness.

SECTION 5. ORS 45.285 is amended to read:

45.285. (1) In any civil action, adjudicatory proceeding or criminal proceeding, including a court-ordered deposition if no other person is responsible for providing an interpreter, in which a disabled person is a party or witness, the court, hearing officer or the designee of the hearing officer shall appoint a qualified interpreter and make available appropriate assistive communication devices whenever it is necessary to interpret the proceedings to the disabled person, or to interpret the testimony of the disabled person.

(2) No fee shall be charged to the disabled person for the appointment of an interpreter or use of an assistive communication device under this section. No fee shall be charged to any person for the appointment of an interpreter or the use of an assistive communication device if appointment or use is made to determine whether the person is disabled for the purposes of this section.

(3) Fair compensation for the services of an interpreter or the cost of an assistive communication device 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.

(4) For the purposes of this section:

(a) "Assistive communication device" means any equipment designed to facilitate communication by a disabled person.

(b) "Disabled person" means a person who cannot readily understand the proceedings because of deafness or a physical hearing impairment, or cannot communicate in the proceedings because of a physical speaking impairment.

(c) "Qualified interpreter" means a person who is readily able to communicate with the disabled person, interpret the proceedings and accurately repeat and interpret the statements of the disabled person to the court.

SECTION 6. ORS 45.288 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 its discretion] 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 [this section, ORS 45.275 or 45.285] ORS 45.273 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.

[(4)] (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 7. Section 8 of this 1999 Act is added to and made a part of ORS 45.273 to 45.297.

SECTION 8. (1) Except as provided in this section, a person may not assume or use the title or designation "certified court interpreter" or "court certified interpreter," or any other title, designation, words, letters, abbreviation, sign or device tending to indicate that the person is certified for the purposes of providing interpreter services under ORS 45.273 to 45.297.

(2) Subsection (1) of this section does not apply to any person who:

(a) Is certified under the program established under ORS 45.291;

(b) Is certified as an interpreter by the federal courts; or

(c) Is certified as an interpreter in another state that has a certification program that is equivalent to the program established under ORS 45.291.

SECTION 9. ORS 183.418 and 183.421 are repealed.

SECTION 10. (1) Section 3 of this 1999 Act, the amendments to ORS 45.273, 45.275, 45.285 and 45.288 by sections 1, 4, 5 and 6 of this 1999 Act and the repeal of ORS 183.418 and 183.421 by section 9 of this 1999 Act become operative on July 1, 2001.

(2) Section 8 of this 1999 Act becomes operative on the effective date of this 1999 Act.

Approved by the Governor September 1, 1999

Filed in the office of Secretary of State September 1, 1999

Effective date October 23, 1999

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