2E2SHB 2176 -
By Committee on Ways & Means
ADOPTED 03/06/2008
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 2.43 RCW
to read as follows:
(1) Each trial court organized under this title and Titles 3 and 35
RCW must develop a written language assistance plan to provide a
framework for the provision of interpreter services for non-English-speaking persons accessing the court system in both civil and criminal
legal matters. The language assistance plan must include, at a
minimum, provisions addressing the following:
(a) Procedures to identify and assess the language needs of non-English-speaking persons using the court system;
(b) Procedures for the appointment of interpreters as required
under RCW 2.43.030. Such procedures shall not require the non-English-speaking person to make the arrangements for the interpreter to appear
in court;
(c) Procedures for notifying court users of the right to and
availability of interpreter services. Such information shall be
prominently displayed in the courthouse in the five foreign languages
that census data indicates are predominate in the jurisdiction;
(d) A process for providing timely communication with non-English
speakers by all court employees who have regular contact with the
public and meaningful access to court services, including access to
services provided by the clerk's office;
(e) Procedures for evaluating the need for translation of written
materials, prioritizing those translation needs, and translating the
highest priority materials. These procedures should take into account
the frequency of use of forms by the language group, and the cost of
orally interpreting the forms;
(f) A process for requiring and providing training to judges, court
clerks, and other court staff on the requirements of the language
assistance plan and how to effectively access and work with
interpreters; and
(g) A process for ongoing evaluation of the language assistance
plan and monitoring of the implementation of the language assistance
plan.
(2) Each court, when developing its language assistance plan, must
consult with judges, court administrators and court clerks,
interpreters, and members of the community, such as domestic violence
organizations, pro bono programs, courthouse facilitators, legal
services programs, and/or other community groups whose members speak a
language other than English.
(3) Each court must provide a copy of its language assistance plan
to the interpreter commission established by supreme court rule for
approval prior to receiving state reimbursement for interpreter costs
under this chapter.
(4) Each court receiving reimbursement for interpreter costs under
RCW 2.42.120 or 2.43.040 must provide to the administrative office of
the courts by November 15, 2009, a report detailing an assessment of
the need for interpreter services for non-English speakers in
court-mandated classes or programs, the extent to which interpreter
services are currently available for court-mandated classes or
programs, and the resources that would be required to ensure that
interpreters are provided to non-English speakers in court-mandated
classes or programs. The report shall also include the amounts spent
annually on interpreter services for fiscal years 2005, 2006, 2007,
2008, and 2009. The administrative office of the courts shall compile
these reports and provide them along with the specific reimbursements
provided, by court and fiscal year, to the appropriate committees of
the legislature by December 15, 2009.
Sec. 2 RCW 2.42.120 and 1985 c 389 s 12 are each amended to read
as follows:
(1) If a hearing impaired person is a party or witness at any stage
of a judicial or quasi-judicial proceeding in the state or in a
political subdivision, including but not limited to civil and criminal
court proceedings, grand jury proceedings, proceedings before a
magistrate, juvenile proceedings, adoption proceedings, mental health
commitment proceedings, and any proceeding in which a hearing impaired
person may be subject to confinement or criminal sanction, the
appointing authority shall appoint and pay for a qualified interpreter
to interpret the proceedings.
(2) If the parent, guardian, or custodian of a juvenile brought
before a court is hearing impaired, the appointing authority shall
appoint and pay for a qualified interpreter to interpret the
proceedings.
(3) If a hearing impaired person participates in a program or
activity ordered by a court as part of the sentence or order of
disposition, required as part of a diversion agreement or deferred
prosecution program, or required as a condition of probation or parole,
the appointing authority shall appoint and pay for a qualified
interpreter to interpret exchange of information during the program or
activity.
(4) If a law enforcement agency conducts a criminal investigation
involving the interviewing of a hearing impaired person, whether as a
victim, witness, or suspect, the appointing authority shall appoint
and pay for a qualified interpreter throughout the investigation.
Whenever a law enforcement agency conducts a criminal investigation
involving the interviewing of a minor child whose parent, guardian, or
custodian is hearing impaired, whether as a victim, witness, or
suspect, the appointing authority shall appoint and pay for a qualified
interpreter throughout the investigation. No employee of the law
enforcement agency who has responsibilities other than interpreting may
be appointed as the qualified interpreter.
(5) If a hearing impaired person is arrested for an alleged
violation of a criminal law the arresting officer or the officer's
supervisor shall, at the earliest possible time, procure and arrange
payment for a qualified interpreter for any notification of rights,
warning, interrogation, or taking of a statement. No employee of the
law enforcement agency who has responsibilities other than interpreting
may be appointed as the qualified interpreter.
(6) Where it is the policy and practice of a court of this state or
of a political subdivision to appoint and pay counsel for persons who
are indigent, the appointing authority shall appoint and pay for a
qualified interpreter for hearing impaired persons to facilitate
communication with counsel in all phases of the preparation and
presentation of the case.
(7) Subject to the availability of funds specifically appropriated
therefor, the administrative office of the courts shall reimburse the
appointing authority for up to one-half of the payment to the
interpreter where a qualified interpreter is appointed for a hearing
impaired person by a judicial officer in a proceeding before a court
under subsection (1), (2), or (3) of this section in compliance with
the provisions of RCW 2.42.130 and 2.42.170.
Sec. 3 RCW 2.43.040 and 1989 c 358 s 4 are each amended to read
as follows:
(1) Interpreters appointed according to this chapter are entitled
to a reasonable fee for their services and shall be reimbursed for
actual expenses which are reasonable as provided in this section.
(2) In all legal proceedings in which the non-English-speaking
person is a party, or is subpoenaed or summoned by the appointing
authority or is otherwise compelled by the appointing authority to
appear, including criminal proceedings, grand jury proceedings,
coroner's inquests, mental health commitment proceedings, and other
legal proceedings initiated by agencies of government, the cost of
providing the interpreter shall be borne by the governmental body
initiating the legal proceedings.
(3) In other legal proceedings, the cost of providing the
interpreter shall be borne by the non-English-speaking person unless
such person is indigent according to adopted standards of the body. In
such a case the cost shall be an administrative cost of the
governmental body under the authority of which the legal proceeding is
conducted.
(4) The cost of providing the interpreter is a taxable cost of any
proceeding in which costs ordinarily are taxed.
(5) Subject to the availability of funds specifically appropriated
therefor, the administrative office of the courts shall reimburse the
appointing authority for up to one-half of the payment to the
interpreter where an interpreter is appointed by a judicial officer in
a proceeding before a court at public expense and:
(a) The interpreter appointed is an interpreter certified by the
administrative office of the courts or is a qualified interpreter
registered by the administrative office of the courts in a noncertified
language, or where the necessary language is not certified or
registered, the interpreter has been qualified by the judicial officer
pursuant to this chapter;
(b) The court conducting the legal proceeding has an approved
language assistance plan that complies with section 1 of this act; and
(c) The fee paid to the interpreter for services is in accordance
with standards established by the administrative office of the courts.
Sec. 4 RCW 2.56.030 and 2007 c 496 s 302 are each amended to read
as follows:
The administrator for the courts shall, under the supervision and
direction of the chief justice:
(1) Examine the administrative methods and systems employed in the
offices of the judges, clerks, stenographers, and employees of the
courts and make recommendations, through the chief justice, for the
improvement of the same;
(2) Examine the state of the dockets of the courts and determine
the need for assistance by any court;
(3) Make recommendations to the chief justice relating to the
assignment of judges where courts are in need of assistance and carry
out the direction of the chief justice as to the assignments of judges
to counties and districts where the courts are in need of assistance;
(4) Collect and compile statistical and other data and make reports
of the business transacted by the courts and transmit the same to the
chief justice to the end that proper action may be taken in respect
thereto;
(5) Prepare and submit budget estimates of state appropriations
necessary for the maintenance and operation of the judicial system and
make recommendations in respect thereto;
(6) Collect statistical and other data and make reports relating to
the expenditure of public moneys, state and local, for the maintenance
and operation of the judicial system and the offices connected
therewith;
(7) Obtain reports from clerks of courts in accordance with law or
rules adopted by the supreme court of this state on cases and other
judicial business in which action has been delayed beyond periods of
time specified by law or rules of court and make report thereof to
supreme court of this state;
(8) Act as secretary of the judicial conference referred to in RCW
2.56.060;
(9) Submit annually, as of February 1st, to the chief justice, a
report of the activities of the administrator's office for the
preceding calendar year including activities related to courthouse
security;
(10) Administer programs and standards for the training and
education of judicial personnel;
(11) Examine the need for new superior court and district court
judge positions under an objective workload analysis. The results of
the objective workload analysis shall be reviewed by the board for
judicial administration which shall make recommendations to the
legislature. It is the intent of the legislature that an objective
workload analysis become the basis for creating additional district and
superior court positions, and recommendations should address that
objective;
(12) Provide staff to the judicial retirement account plan under
chapter 2.14 RCW;
(13) Attend to such other matters as may be assigned by the supreme
court of this state;
(14) Within available funds, develop a curriculum for a general
understanding of child development, placement, and treatment resources,
as well as specific legal skills and knowledge of relevant statutes
including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules,
interviewing skills, and special needs of the abused or neglected
child. This curriculum shall be completed and made available to all
juvenile court judges, court personnel, and service providers and be
updated yearly to reflect changes in statutes, court rules, or case
law;
(15) Develop, in consultation with the entities set forth in RCW
2.56.150(3), a comprehensive statewide curriculum for persons who act
as guardians ad litem under Title 13 or 26 RCW. The curriculum shall
be made available July 1, 2008, and include specialty sections on child
development, child sexual abuse, child physical abuse, child neglect,
domestic violence, clinical and forensic investigative and interviewing
techniques, family reconciliation and mediation services, and relevant
statutory and legal requirements. The curriculum shall be made
available to all superior court judges, court personnel, and all
persons who act as guardians ad litem;
(16) Develop a curriculum for a general understanding of crimes of
malicious harassment, as well as specific legal skills and knowledge of
RCW 9A.36.080, relevant cases, court rules, and the special needs of
malicious harassment victims. This curriculum shall be made available
to all superior court and court of appeals judges and to all justices
of the supreme court;
(17) Develop, in consultation with the criminal justice training
commission and the commissions established under chapters 43.113,
43.115, and 43.117 RCW, a curriculum for a general understanding of
ethnic and cultural diversity and its implications for working with
youth of color and their families. The curriculum shall be available
to all superior court judges and court commissioners assigned to
juvenile court, and other court personnel. Ethnic and cultural
diversity training shall be provided annually so as to incorporate
cultural sensitivity and awareness into the daily operation of juvenile
courts statewide;
(18) Authorize the use of closed circuit television and other
electronic equipment in judicial proceedings. The administrator shall
promulgate necessary standards and procedures and shall provide
technical assistance to courts as required;
(19) Develop a Washington family law handbook in accordance with
RCW 2.56.180;
(20) Administer state funds for improving the operation of the
courts and provide support for court coordinating councils, under the
direction of the board for judicial administration;
(21)(a) Administer and distribute amounts appropriated from the
equal justice subaccount under RCW 43.08.250(2) for district court
judges' and qualifying elected municipal court judges' salary
contributions. The administrator for the courts shall develop a
distribution formula for these amounts that does not differentiate
between district and elected municipal court judges.
(b) A city qualifies for state contribution of elected municipal
court judges' salaries under (a) of this subsection if:
(i) The judge is serving in an elected position;
(ii) The city has established by ordinance that a full-time judge
is compensated at a rate equivalent to at least ninety-five percent,
but not more than one hundred percent, of a district court judge salary
or for a part-time judge on a pro rata basis the same equivalent; and
(iii) The city has certified to the office of the administrator for
the courts that the conditions in (b)(i) and (ii) of this subsection
have been met;
(22) Subject to the availability of funds specifically appropriated
therefor, assist courts in the development and implementation of
language assistance plans required under section 1 of this act."
2E2SHB 2176 -
By Committee on Ways & Means
ADOPTED 03/06/2008
On page 1, line 1 of the title, after "services;" strike the remainder of the title and insert "amending RCW 2.42.120, 2.43.040, and 2.56.030; and adding a new section to chapter 2.43 RCW."