Bill Text: MS HB1223 | 2024 | Regular Session | Introduced

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Bill Title: Court interpreters; technical revisions to program administered by Administrative Office of Courts.

Spectrum: Partisan Bill (Independent 1-0)

Status: (Failed) 2024-03-05 - Died In Committee [HB1223 Detail]

Download: Mississippi-2024-HB1223-Introduced.html

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MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary A

By: Representative Yates

House Bill 1223

AN ACT TO MAKE TECHNICAL REVISIONS TO THE COURT INTERPRETERS PROGRAM ADMINISTERED BY THE ADMINISTRATIVE OFFICE OF COURTS; TO AMEND SECTION 9-21-71, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 9-21-73, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE COURT INTERPRETER PROGRAM IS TO PROVIDE LANGUAGE ACCESS IN ALL MISSISSIPPI COURTS; TO AMEND SECTION 9-21-77, MISSISSIPPI CODE OF 1972, TO REVISE THE INTERPRETER'S OATH; TO AMEND SECTION 9-21-79, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS RELATING TO THE DETERMINATION OF WHETHER A COURT INTERPRETER IS NEEDED AND TO AUTHORIZE A LIMITED ENGLISH PROFICIENT INDIVIDUAL TO WAIVE THE SERVICES OF AN INTERPRETER; TO AMEND SECTION 9-21-80, MISSISSIPPI CODE OF 1972, TO DECLARE THAT ALL COURT INTERPRETERS ARE SUBJECT TO THE ETHICAL REQUIREMENTS OF THE MISSISSIPPI COURT INTERPRETER CREDENTIALING PROGRAM REGARDLESS OF WHETHER OR NOT THEY ARE LISTED ON THE ROSTER OF CREDENTIALED INTERPRETERS MAINTAINED BY THE ADMINISTRATIVE OFFICE OF COURTS; TO AMEND SECTION 9-21-81, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE EXPENSES OF AN INTERPRETER TO BE PAID WITH ANY FUNDS AVAILABLE FOR SUCH PURPOSE FOR ANY LIMITED ENGLISH PROFICIENT PARTY, WITNESS OR PARTICIPANT; TO CREATE NEW SECTION 9-21-82, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH COURT TO SUBMIT AN ANNUAL REPORT CONTAINING SPECIFIED INFORMATION TO THE ADMINISTRATIVE OFFICE OF COURTS; TO AMEND SECTION 99-17-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE EXPENSES OF AN INTERPRETER IN A CRIMINAL PROCEEDING TO BE PAID WITH ANY FUNDS AVAILABLE FOR SUCH PURPOSE FOR ANY LIMITED ENGLISH PROFICIENT PARTY, WITNESS OR PARTICIPANT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 9-21-71, Mississippi Code of 1972, is amended as follows:

     9-21-71.  The following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise:

          (a)  "Limited English Proficient (LEP) individual" means any party * * * or, witness or participant who cannot readily understand or communicate in spoken English or who does not speak English as his or her primary language and who consequently has a limited ability to read, speak, write or understand English and cannot equally participate in or benefit from the proceedings unless an interpreter is available to assist the individual.  The fact that an individual is a person for whom English is a second language * * *knows some English does not prohibit that individual from being allowed to have an interpreter.

          (b)  "Court interpreter" means any person authorized by a court who is competent to translate or interpret oral or written communication in a foreign language during court proceedings.  A court interpreter may be one (1) of the following:

               (i)  "Certified court interpreter," which means an interpreter who successfully has met all requirements promulgated by the Administrative Office of Courts to be designated a registered court interpreter and has scored at least seventy percent (70%) on each of the three (3) sections of an approved criterion-referenced oral performance examination.

              (ii)  "Registered court interpreter," which means an interpreter who has:

                   1.  Attended an approved two-day, fourteen-hour ethics and skill building workshop;

                   2.  Passed an approved criterion-referenced written examination with a minimum overall score of eighty percent (80%);

                   3.  Submitted to a criminal background check;

                   4.  Provided verification of legal right to work in the United States;

                   5.  Executed the Interpreter Oath; and

                   6.  Satisfied any additional requirements that the Administrative Office of Courts may establish * * *in order to be listed as a registered court interpreter on the Roster. 

              (iii)  "Noncredentialed interpreter," which means an interpreter who has not met the requirements promulgated by the Administrative Office of Courts to be classified as a registered or certified court interpreter and therefore, is not listed on the Roster. 

          (c)  "Court proceedings" means a proceeding before any court of this state or a grand jury hearing, including all civil and criminal hearings and trials.

          (d)  "Interpretation" means the accurate and complete unrehearsed transmission of an oral message from one (1) language to an oral message in another language.  Interpretation may be one (1) of the following:

              (i)  "Consecutive interpretation," which means providing the target-language message after the speaker has finished speaking.

              (ii)  "Sight translation," which means oral translation of a written document.

              (iii)  "Simultaneous interpretation," which means providing the target-language message at approximately the same time the source-language message is being produced. 

          (e)  "Source language" means the input language requiring interpretation.

          (f)  "Target language" means the output language into which the utterance is being interpreted.

          (g)  "Translation" means the process of translating text from one (1) language to another to maintain the original message and communication.

     SECTION 2.  Section 9-21-73, Mississippi Code of 1972, is amended as follows:

     9-21-73.  (1)  The Administrative Office of Courts shall establish a program for language access and to facilitate the use of interpreters in all courts of the State of Mississippi.

     (2)  (a)  The Administrative Office of Courts shall prescribe the qualifications of and qualify persons who may serve as credentialed court interpreters in all courts of the State of Mississippi.  The Administrative Office of Courts may set and charge a reasonable fee for credentialing.

          (b)  The Administrative Office of Courts shall maintain a current master list of all credentialed court interpreters (the "Roster").

     (3)  In all bilingual proceedings, the presiding judicial officer, with the assistance of the Administrative Office of Courts, shall utilize the services of an interpreter to communicate all spoken or written words * * * when the necessity therefor has been determined pursuant to Section 9‑21‑79.

     (4)  A Limited English Proficient (LEP) individual is entitled to use an interpreter in any instance arising out of or pertaining to the individual's involvement in litigation.

     (5)  All courts shall maintain on file in the office of the clerk of the court a list of all persons who have been credentialed as court interpreters in accordance with the Administrative Office of Court's Credentialing Program established pursuant to this section.

     SECTION 3.  Section 9-21-77, Mississippi Code of 1972, is amended as follows:

     9-21-77.  (1)  Prior to providing any service to a Limited English Proficient (LEP) individual, the interpreter shall subscribe to an oath that he or she shall interpret all communications in an accurate manner to the best of his or her skill and knowledge.

     (2)  The oath shall conform substantially to the following form:

INTERPRETER'S OATH

     "Do you solemnly swear or affirm that you will faithfully interpret from (state the language) into English and from English into (state the language) * * *the proceedings before this court in an accurate manner to the accurately, completely and impartially, using your best * * *of your skill and * * *knowledge judgment in accordance with prescribed law, the Mississippi Rules on Standards for Court Interpreters, and the Mississippi Code of Ethics for Court Interpreters, and that you will discharge all the solemn duties and obligations of legal interpretation and translation?"

     (3)  Interpreters shall not voluntarily disclose any admission or communication that is declared to be confidential or privileged under state law.  Out-of-court disclosures made by a Limited English Proficient (LEP) individual communicating through an interpreter shall be treated by the interpreter as confidential or privileged or both unless the court orders the interpreter to disclose such communications or the Limited English Proficient (LEP) individual waives such confidentiality or privilege.

     (4)  Interpreters shall not publicly discuss, report or offer an opinion concerning a matter in which they are engaged, even when that information is not privileged or required by law to be confidential.

     (5)  The presence of an interpreter shall not affect the privileged nature of any discussion.

     SECTION 4.  Section 9-21-79, Mississippi Code of 1972, is amended as follows:

     9-21-79.  (1)  An interpreter is needed and a court interpreter shall be appointed when the judge determines * * *, after an examination of a party or witness, that:  (a) * * *the a party, witness or participant cannot understand and speak English well enough to participate fully in the proceedings and to assist counsel; or (b) the witness cannot speak English so as to be understood directly by counsel, court and jury.

     (2)  The court should examine a party or witness on the record to determine whether an interpreter is needed if:

          (a)  A party or counsel requests such an examination; or

          (b)  It appears to the court that the party or witness may not understand and speak English well enough to participate fully in the proceedings * * *; or.

 * * *  (c)  The party or witness requests an interpreter. The fact that a person for whom English is a second language knows some English does not prohibit that individual from being allowed to have an interpreter.

     (3)  After the examination, the court should state its conclusion on the record, and the file in the case shall be clearly marked and data entered electronically when appropriate by court personnel to ensure that an interpreter will be present when needed in any subsequent hearing or instance arising out of the litigation.

     (4)  * * *Upon a request by the Limited English Proficient (LEP) individual, by counsel, or by any other officer of the court, The court shall determine whether the interpreter provided is able to communicate accurately with and translate information to and from the Limited English Proficient (LEP) individual.  If it is determined that the interpreter cannot perform these functions, the court shall provide the Limited English Proficient (LEP) individual with another interpreter.

     (5)  Recognition of the need for a court interpreter may arise from a request by a party or counsel, the court's own voir dire of a party or witness, or disclosures made to the court by a party, counsel, court employee, or other person familiar with the ability or inability of the person to understand and communicate in English.

     (6)  A Limited English Proficient (LEP) individual, at any point in a proceeding, may waive the services of a court interpreter.  The waiver of the interpreter's services must be in writing in the person's native language.  In addition, the waiver must be knowing and voluntary and with the approval of the court.  Any deliberations made on matters of waiver or the retraction of a waiver must be made on the record.  Granting a waiver under this subsection is a matter of judicial discretion.  The waiver may be approved only after:

          (a)  The court explains in open court to the LEP individual, through an interpreter, the nature and effect of the waiver;

          (b)  The court determines in open court that the waiver has been made knowingly, intelligently and voluntarily; and

          (c)  In a criminal matter, the court determines that the defendant has been afforded the opportunity to consult with the defendant's attorney regarding the waiver.

     (7)  At any point in the proceeding, the LEP individual may retract the waiver and request an interpreter.

     SECTION 5.  Section 9-21-80, Mississippi Code of 1972, is amended as follows:

     9-21-80.  (1)  The court shall appoint an interpreter in the following order of preference:

          (a)  Certified court interpreter.

          (b)  Registered court interpreter.

          (c)  Noncredentialed interpreter.

     (2)  A noncredentialed interpreter may be appointed if:

          (a)  Neither a certified nor registered court interpreter reasonably is available; and

          (b)  The court has evaluated the totality of the circumstances, including the gravity of the judicial proceeding and the potential penalty or consequence involved.

     (3)  If the court appoints * * *a noncredentialed an interpreter who is not certified, the court must make the following findings on the record:

          (a)  The proposed interpreter appears to have:  (i) adequate language skills, knowledge of interpreting techniques, and familiarity with interpreting in a court setting; and (ii) read and understand, and agrees to abide by, the Mississippi Code of Ethics for Court Interpreters and the Mississippi Rules on Standards for Court Interpreters.

     (4)  A summary of the efforts made to obtain a certified * * *or registered court interpreter, as well as a summary of the efforts to determine the capabilities of the proposed * * *noncredentialed interpreter, must be made in open court and placed on the record.

     (5)  Each interpreter providing court interpreting services is subject to the ethical requirements set forth in the Mississippi Court Interpreter Credentialing Program without regard to whether or not the interpreter is listed on the Roster.

     SECTION 6.  Section 9-21-81, Mississippi Code of 1972, is amended as follows:

     9-21-81.  (1)  Any volunteer interpreter providing services under Sections 9-21-71 through 9-21-81 shall be paid reasonable expenses by the court.

     (2)  The expenses of providing an interpreter in any court proceeding or instance arising out of litigation must be payable out of the county or municipal treasury or any other source of funds available for this purpose at no cost to the litigant or the Limited English Proficient (LEP) party, witness or participant.

     SECTION 7.  The following shall be codified as Section 9-21-82, Mississippi Code of 1972:

     9-21-82.  Each court in the State of Mississippi shall prepare and submit a report annually to the Administrative Office of Courts with information and plans concerning implementation of language access.  The report must include, but is not limited to, the following:

          (a)  The number of bilingual staff who are available to facilitate language access and the languages they facilitate;

          (b)  A plan to address any insufficiency in its ability to provide language access;

          (c)  A list of vital documents that the court has had translated and the language of the translation;

          (d)  The number of times a court interpreter was utilized, what language was needed, and the total cost of utilizing court interpreters; and

          (e)  A staff training plan related to language access, which plan must contain specific information regarding implementation, including the specific types of language services available and how the court will do all of the following:

               (i)  Obtain language services internally or from vendors;

               (ii)  Respond to callers with limited English proficiency;

               (iii)  Respond to written communications from individuals with limited English proficiency;

               (iv)  Respond to individuals with limited English proficiency who have in-person contact with staff;

               (v)  Collect language data for all public encounters; and

               (vi)  Indicate limited English proficiency status in data and information systems.

     SECTION 8.  Section 99-17-7, Mississippi Code of 1972, is amended as follows:

     99-17-7.  In all criminal cases wherein * * *the a defendant, witness or participant is a Limited English Proficient (LEP) individual, the court shall appoint a qualified interpreter as provided in Section 9-21-80, sworn truly to interpret, and allow him a reasonable compensation, as set by the court, payable out of the county or municipal treasury or any other source of funds available for this purpose at no cost to the * * *defendant Limited English Proficient (LEP) party, witness or participant.

     SECTION 9.  This act shall take effect and be in force from and after July 1, 2024.

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