SENATE BILL REPORT

SSB 5474

BYSenate Committee on Law & Justice (originally sponsored by Senators Newhouse, Vognild and Talmadge; by request of Administrator for the Courts)

Requiring testing and certification of English language interpreters in court.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 23, 1989; February 24, 1989

Majority Report:  That Substitute Senate Bill No. 5474 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Richard Rodger (786-7461)

                  April 15, 1989

House Committe on Judiciary

Rereferred House Committee on Appropriations

AS PASSED SENATE, MARCH 10, 1989

BACKGROUND:

Under current law, only interpreters for the hearing- impaired are certified.  The law requires courts to provide interpreters for non-English speaking persons, but sets no standards for the interpreters.

SUMMARY:

When a non-English speaking person is a party to a legal proceeding, the individual presiding over the proceeding must appoint a certified interpreter.  The non-English speaking person may waive the right to a certified interpreter.  The presiding authority may appoint an uncertified interpreter, upon finding good cause.  Good cause for using an uncertified interpreter includes the unavailability of a certified interpreter.

The Office of the Administrator for the Courts establishes and administers a comprehensive testing and certification program for language interpreters.  The Administrator for the Courts selects which languages shall be certified.  The duties of language interpreters are specified.

Additionally, technical changes are made deleting references to "language interpreters" from the statute governing hearing- impaired interpreters.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Janet McLane, Office of the Administrator of the Courts (pro); Judge Heather Van Nuys, Yakima Superior Court (pro); Desiree Leigh, Washington State Minority and Justice Task Force (pro); Patricia Lee, Commission on Asian-American Affairs (pro); Hector Gonzales, Commission on Hispanic Affairs (pro); JoAnne Moore, Court Interpreters Task Force (pro); Kurt Sharar, Washington State Association of Counties (con); Mike Redman, WAPA (con); Andrea Dahl, Association of Washington Cities (con)

HOUSE AMENDMENTS:

The amendment limits the circumstances where a certified interpreter is provided.  Certified interpreters shall be used when a non-English-speaking person is a party to a legal proceeding, is subpoenaed or summoned by an appointing authority, or is otherwise compelled by an appointing authority to appear at a legal proceeding.  A qualified interpreter shall be used in all other situations.

An interpreter other than a certified or qualified interpreter may be used upon a showing of good cause.  The definition of "good cause" for not using a certified interpreter or a qualified interpreter is clarified.

The Office of the Administrator for the Courts (OAC) shall work with community colleges and other private or public educational institutions and organizations to establish a certification curriculum and training program.  The programs shall be available in eastern and western Washington.

OAC shall create and consult with an advisory committee.  The committee shall consider:  (a) the certification standards and procedures; (b) the priority of languages in need of certification; and (c) whether an agency other than OAC ought to perform the certification duties.

Technical and clarifying amendments are made.