In re Amendments to the Florida Rules for Certification & Regulation of Court Interpreters

136 So. 3d 584, 39 Fla. L. Weekly Supp. 169, 2014 WL 1246079, 2014 Fla. LEXIS 1031
CourtSupreme Court of Florida
DecidedMarch 27, 2014
DocketNo. SC13-304
StatusPublished
Cited by5 cases

This text of 136 So. 3d 584 (In re Amendments to the Florida Rules for Certification & Regulation of Court Interpreters) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Amendments to the Florida Rules for Certification & Regulation of Court Interpreters, 136 So. 3d 584, 39 Fla. L. Weekly Supp. 169, 2014 WL 1246079, 2014 Fla. LEXIS 1031 (Fla. 2014).

Opinion

PER CURIAM.

The Court Interpreter Certification Board has filed a petition asking this Court to consider amendments to the Florida Rules for Certification and Regulation of Court Interpreters. We have jurisdiction. See art. V, § 2(a), Fla. Const. We adopt the proposed amendments as submitted.

BACKGROUND

This Court adopted the Florida Rules for Certification and Regulation of Court Interpreters in 2006.1 In adopting the rules, we created the Court Interpreter Certification Board, defined its functions and powers, and established the court interpreter certification program. The purpose of these rules is to provide “a reliable certification program” for the state court system so that persons “who may be disadvantaged by a language barrier” may receive the assistance needed to “fully participative] in the judicial process.”2

In its petition, the Court Interpreter Certification Board (Board) states that since its authorization in 2006, the court interpreter program has made substantial progress toward the goal of eliminating language barriers in the courts. However, the Board seeks amendments to the rules to strengthen the program and better equip the courts to provide effective interpreting services and thereby give equal access and full participation to persons affected by language barriers.

As adopted in 2006, the Rules for Certification and Regulation of Court Interpreters (Court Interpreter Rules) established two levels of expertise for foreign language interpreters working in the courts: (1) “certified” interpreters and (2) “duly qualified” interpreters.3 To become a certified interpreter, an applicant was required to attend a training program offered by the Office of the State Courts Administrator (OSCA); pass a written examination; pass an oral proficiency examination unless the applicant had already passed an equivalent exam in another state or held a certificate from the federal court system; take an oath to uphold the code of conduct for court interpreters; undergo a background check if required by the Board; and comply with continuing education requirements.4 To be designated a “duly qualified interpreter,” an applicant was required to obtain a passing grade on an examination, attend the OSCA training program, be “familiar with” the court interpreters’ code of conduct, and have “an understanding of basic legal terminology in both languages.”5

[585]*585According to a comprehensive study undertaken by the Supreme Court Commission on Trial Court Performance and Accountability (Commission),6 the current certification program needs improvement. The Commission’s critique can be summarized as follows: (1) there is inadequate incentive for interpreters to obtain certification; (2) the qualifications needed to be considered “duly qualified” are insufficient; and (3) the differing levels of qualifications needed for the two categories have created a double standard under which certified interpreters are required to meet rigorous standards and “duly qualified” interpreters are not. The Commission recommended that the court interpreter program be modified to (1) encourage court interpreters to become certified; (2) strengthen the provision of interpreting services in the courts; (3) help judges select the most qualified interpreters available for service in court proceedings; and (4) eliminate the disparity in the qualifications interpreters are required to possess to perform interpreting services in the courts.

The Board agrees with the Commission’s critique of the existing court interpreter rules and is proposing the instant amendments in order to strengthen court interpreting services. One specific problem identified by the Board is that too often uncertified interpreters are providing services in the court system under the designation “duly qualified,” and there is no provision by law or court rule that expresses a preference for certified over “duly qualified” interpreters.7 To remedy this and related deficiencies, the Board proposes that we revamp the certification program.

The centerpiece of the Board’s proposal is the creation of three “designations” of interpreters recognized as qualified to provide interpreting services in the courts instead of the current two-tiered classification system. And instead of the current system in which a “duly qualified” interpreter can keep that designation indefinitely, the proposed new classification system will include the expectation that interpreters will progress from lower to higher levels of expertise so that the overall quality of interpreting services available to the courts will improve. We adopt the amendments as proposed.

AMENDMENTS

The amendments include changing the name of this body of rules to the “Florida Rules for Certification and Regulation of Spoken Language Court Interpreters.” (The emphasized words are being added.) This amendment will limit and clarify the scope of this body of rules.

In part I of the rules, rule 14.100 is amended to provide definitions of the three “designations” or categories of court interpreters recognized under the new rules and also definitions of terms used in the new system of more rigorous testing and qualifications for designated interpreters. Also in part I, rule 14.110 is amended to change the composition of the Board and to revise the provisions on the powers and duties of the Board.

The three “designations” of interpreters are: (1) certified court interpreter; (2) [586]*586language-skilled interpreter; and (3) provisionally approved interpreter. The certified court interpreter designation signifies the highest level of expertise. The language-skilled interpreter designation signifies an interpreter who has reached the same level of proficiency as a certified interpreter but is expert in a language for which there is no state certification exam. The provisionally approved interpreter designation is for the entry-level, minimally qualified interpreter. Under the amended rules, when a state certification exam for a particular language becomes available, a language-skilled interpreter is required to take and pass the exam to become certified within two years. A provisionally approved interpreter is also required to complete the process of becoming certified within two years. The term “duly qualified interpreter” is redefined to mean a certified court interpreter, a language-skilled interpreter, or, if no certified or language-skilled interpreter is available, a provisionally approved interpreter. Thus the term “duly qualified interpreter” can mean any of the three recognized designations but includes a provisionally approved interpreter only if neither a certified nor a language-skilled interpreter is available.

In part II of the rules, the amendments set out the qualifications required for attaining each of the three designations. Under the amendments to rule 14.200, all applicants for designation must attend a two-day training program presented by OSCA or an approved training provider; pass a written exam; document twenty hours of courtroom observation; take an oath to uphold the court interpreters’ code of conduct; pass a background check administered by the Board under published board operating procedures; agree to earn sixteen credits of continuing education; and pay an application fee.

New rule 14.205 provides the requirements for certified court interpreters.

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136 So. 3d 584, 39 Fla. L. Weekly Supp. 169, 2014 WL 1246079, 2014 Fla. LEXIS 1031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-florida-rules-for-certification-regulation-of-fla-2014.