This rule applies to all trial court proceedings in which the court appoints an interpreter for a Limited English Proficient (LEP) person. This rule applies to spoken language interpreters in languages designated and not designated by the Judicial Council.
As used in this rule:
If a court appoints a certified or registered court interpreter, the judge in the proceeding must require the following to be stated on the record:
If after a diligent search a certified or registered interpreter is not available, the judge in the proceeding may either appoint a noncertified or nonregistered interpreter who has been provisionally qualified under (d)(3) or, in the limited circumstances specified in (d)(4), may use a noncertified or nonregistered interpreter who is not provisionally qualified.
In all cases in which a noncertified or nonregistered interpreter is appointed or used, the judge in the proceeding must require the following to be stated on the record:
At the request of an LEP person, a temporary interpreter may be used to prevent burdensome delay or in other unusual circumstances if:
An interpreter who works as an intermediary between two languages that do not include English (a relay interpreter) is not eligible to become certified or registered. However, a relay interpreter can become provisionally qualified if the judge finds that he or she is qualified to interpret the proceeding following procedures adopted by the Judicial Council (see forms INT-100-INFO, INT-110, and INT-120). The limitations in (f) below do not apply to relay interpreters.
Cal. R. Ct. 2.893
Advisory Committee Comment
Subdivisions (c) and (d)(2). When a court reporter is transcribing the proceedings, or an electronic recording is being made of the proceedings, a judge may satisfy the "on the record" requirement by stating the required details of the interpreter appointment in open court. If there is no court reporter and no electronic recording is being made, the "on the record" requirement may be satisfied by stating the required details of the interpreter appointment and documenting them in writing-such as in a minute order, the official clerk's minutes, a formal order, or even a handwritten document-that is entered in the case file.
Subdivision (d)(4). This provision is intended to allow for the one-time use of a noncertified or nonregistered interpreter who is not provisionally qualified to interpret for an LEP person in a courtroom event. This provision is not intended to be used to meet the extended or ongoing interpretation needs of LEP court users.
Subdivision (b)(7) and (d)(4). When determining whether the matter before the court is a "brief, routine matter" for which a noncertified or nonregistered interpreter who has not been provisionally qualified may be used, the judicial officer should consider the complexity of the matter at issue and likelihood of potential impacts on the LEP person's substantive rights, keeping in mind the consequences that could flow from inaccurate or incomplete interpretation of the proceedings.