HOUSE BILL REPORT

SSB 5474

As Amended by the House

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.

House Committe on Judiciary

Majority Report:  Do pass.  (17)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, Locke, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, D. Sommers and Tate.

House Staff:Regina Jones (786-7191)

Rereferred House Committee on Appropriations

Majority Report:  Do pass as amended.  (29)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Appelwick, Belcher, Bowman, Braddock, Brekke, Bristow, Dorn, Doty, Ebersole, Ferguson, Hine, Holland, May, McLean, Nealey, Padden, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

AS PASSED HOUSE APRIL 13, 1989

BACKGROUND:

Washington's population includes a variety of non-English speaking persons and persons for whom English is not a first language. Many of these individuals are native Spanish and Asian language speakers. It is the policy of the state, presently set forth in RCW 2.42, to secure the constitutional rights of non- English speaking persons in legal proceedings by providing a qualified interpreter to assist them.

The Sunrise Review of foreign language court interpreter regulation stemmed from the work of the Court Interpreter Task Force which was appointed by the Washington State Supreme Court in 1985. The Task Force sought to address the problem of ensuring protection of the rights of all persons, including non-English speaking persons, in legal proceedings. This legislation proposes a certification program for foreign language interpreters under the Office of the Administrator for the Courts.

SUMMARY:

When a non-English speaking person is subpoenaed, summoned, or compelled to appear in a legal proceeding, the individual presiding over the proceeding must appoint a certified interpreter.  The non-English speaking person may waive this right.  If good cause exists for doing so, the individual presiding over the proceeding may appoint an interpreter who is not certified.  When a non-English speaking person is a party to a legal proceeding but has not been subpoenaed, summoned, or compelled to appear, a qualified (uncertified) interpreter may be appointed.

Interpreters are to be compensated for their services and expenses.  If a proceeding is initiated by a court or other body, the cost of the interpreter is borne by the body hearing the matter. If the proceeding is initiated by the non-English speaking person, he or she must pay the interpreter.  If the non-English speaking person is indigent, the interpreter's fee is an administrative expense of the body hearing the matter.

Subject to the availability of funds, the Administrator for the Courts is to set up testing, certification and education programs for interpreters.  Fees may be charged.

All interpreters must abide by a code of ethics established by Supreme Court rule.

The Office of the Administrator for the Courts (OAC) is directed to work with community colleges and other educational institutions to establish suitable training programs.  Certification and training must be available in both eastern and western Washington.  An advisory committee is created to assist the OAC in developing a certification program and to make recommendations on the certification process.

RCW 2.42 combines references to interpreters for the hearing and speech impaired with references to interpreters for non-English speaking persons.  References to non-English speaking persons are deleted from RCW 2.42.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Judiciary)  None Presented.

(Appropriations)  None Presented.

House Committee - Testified Against:      (Judiciary)  None Presented.

(Appropriations)  None Presented.

House Committee - Testimony For:    (Judiciary)  None Presented.

(Appropriations)  None Presented.

House Committee - Testimony Against:      (Judiciary)  None Presented.

(Appropriations)  None Presented.