Current through Register Vol. 54, No. 37, September 14, 2024
Section 104 - Remote Interpretation(a) Simultaneous audiovisual technology.-In the event that a certified or otherwise qualified interpreter for persons with limited English proficiency or who are deaf or hard of hearing cannot be found to interpret in person, one may be appointed to interpret via remote technology allowing for two-way simultaneous communication of image and sound, such as video remote interpreting (VRI), video-conferencing, closed-circuit television, or web-based camera, provided that the judicial proceed-ingis expected to be no more than one hour in duration. priority should be given to interpreters from AOPC's Interpreter Certification Program (ICP) roster. Prior to utilizing the interpreter, the court must conduct a voir dire to determine his or her qualifications, unless the interpreter is a certified interpreter from AOPC's ICP roster or has been previously used by, and his or her qualifications are known to, the court. The use of VRI should follow guidance issued by the AOPC.(b) Telephonic interpretation.-If neither a certified nor otherwise qualified interpreter can be found to interpret in person or by remote technology allowing for two-way simultaneous communication of image and sound, one may be appointed to interpret remotely via telephone, provided the judicial proceeding is expected to be short, lasting no more than 30 minutes . priority should be given to interpreters from AOPC's Interpreter Certification Program (ICP) roster. If neither a certified nor otherwise qualified interpreter can be found to interpret via telephone, the court may utilize a telephone interpreter provided by a commercial telephone interpreter service. Prior to utilizing any telephonic interpreter, the court must conduct a voir dire to determine his or her qualifications, unless the interpreter has been previously used by, and his or her qualifications are known to, the court.(c) Exceptions.-Preliminary arraignments pursuant to Rule of Criminal Procedure 540 and proceedings for emergency orders under the Protection from Abuse Act (23 pa.c.s. §§ 6101et seq.), the Protection of Victims of Sexual Violence or Intimidation Act (42 Pa.C.S. §§ 62A 01 et seq.), and the Older Adults Protective Services Act (35 p.s. §§ 10225.101et seq.) may be conducted via remote technology without regard to subsections (a) and (b) above, except that a voir dire still must be conducted to determine the interpreter's qualifications, unless the interpreter is a certified interpreter from AOPC's ICP roster or has been previously used by, and his or her qualifications are known to, the court. The provisions of this § 104 amended November 22, 2021, effective 1/1/2022, 51 Pa.B. 7415.