FAQs - Frequently Asked Questions About Court Interpreting
Fees - court rates for contract court interpreters
Late Cancellation Policies
For Attorneys
Witness Interpreters
Find an Interpreter
Local Roster of Interpreters
For Interpreters
Orientation Materials for Interpreters
Forms for Interpreters
Staff Travel Regulations (Attachment Staff Travel Regulations)
Rate & Information Sheet Attachments
Contract (Attachment Contract)
FREQUENTLY ASKED QUESTIONS
Q: What is a certified interpreter?
A: A certified interpreter is an individual who has passed an interpreter certification exam, usually mandated by legislation.
Q: Which languages are federally certified?
A: Federal certification is available in Spanish, Haitian Creole, and Navajo.
Q: If there is no federal certification in languages other than Spanish, Haitian Creole, and Navajo, who determines the qualifications of interpreters of languages other than those three?
A: It is up to the court to determine the qualifications of interpreters of languages where there is no federal certification available. New interpreters are screened by the manager of interpreter services and given an orientation session and relevant materials prior to being included on the court’s local roster. Interpreter performance is periodically reviewed by the manger. A resume, an interpreter’s written oath, and a signed Contract Court Interpreter Services Terms and Conditions document is kept on file in the department.
Q: What about criminal background checks for interpreters?
A: In keeping with the year 2000 directive from the Administrative Office of the United States Courts, all interpreters contracted for work in court must undergo a background check by the U.S. Marshal. Interpreters must also provide their fingerprints for an FBI fingerprint check. Once the interpreter is cleared by the U.S. Marshal and the FBI, and ID tag with the interpreter’s picture, signed by the Clerk, is given to the interpreter prior to their first assignment. The interpreter is advised to display the tag at all times while on assignment.
Q: Who pays for the services of an interpreter in federal court?
A: In all judicial proceedings instituted by the United States that require the appointment of an interpreter, the cost of the court appointed interpreter will be paid by the United States from appropriations available to the judiciary, except that the United States attorney is responsible for securing the services of such interpreters for governmental witnesses. For a detailed description of which proceedings qualify for appointed interpreters, please refer to sections (a) and (j) of the Court Interpreters Act. When defense counsel need the services of an interpreter away from the courthouse, they should make arrangements to contact, contract, and pay the interpreter. Please see “For Attorneys” below.
Q: When does a case qualify for a court-appointed interpreter?
A: Interpreters may be appointed only for defendants (or defense witnesses) in proceedings instituted by the United States. Interpreter services for all other proceedings must be provided and paid for by the parties to the case.
Q: How does an attorney, in a civil case not instituted by the United States, go about finding an interpreter?
A: Attorneys may refer to the links below, starting with the paragraph entitled, “FIND AN INTERPRETER”
Q: What about persons who are deaf or hearing impaired?
A: Pursuant to the Federal Courts Improvement Act of 1996, courts are required to provide reasonable accommodations to persons with communications disabilities. All participants in judicial proceedings who are deaf or hearing impaired are entitled to court-appointed interpreters or listening-assisted devices. Please refer to the court’s web page for additional information on ADA related services.
Q: Does the court certify written translations?
A: No. Interpreters certify their own translation work.
Q: Is there federal certification for translators?
A: No. Federally certified interpreters are not tested for translation ability. To find translators who are certified by the American Translators Association, you may search the membership listing at: www.atanet.org.
Q: Will the court pay to have the indictment or other documents translated into a foreign language?
A: In most instances, the translation of documents is an expense that the parties must bear. The use of the general authorization for court interpreting is not appropriate for payment of document translations. If a non-English-speaking defendant or other participants in a court proceeding need to be advised of the content of an English-language document, this should be done by means of a sight translation, where an interpreter orally renders the document into the foreign language. For sight translation, the contract interpreter rates set by the Director of the Administrative Office of the United States Courts apply.
The rate schedule in effect as of February 1, 2010 is as follows:
Certified and Professionally Qualified and California State Certified Interpreters:
Full day: $388
Half day: $210
Overtime: $55 per hour or part thereof
California State Registered Interpreters:
Full day: $305
Half day: $165
Overtime: $45 per hour or part thereof
Language Skilled Interpreters:
Full day: $265
Half day: $147
Overtime: $35 per hour or part thereof
For fee schedules applicable to interpreters working with CJA appointed attorneys, please refer to the court’s web site under Attorney Assistance.
LATE CANCELLATION POLICIES
The Contract Court Interpreter Services Terms and Conditions document, appended to Volume 5, Chapter 4 of the Guide to Judiciary Policy, states in pertinent part:
7.3 Cancellation Fees
If the contract court interpreter is given notice of cancellation of a court proceeding, at the interpreter’s normal phone or email, at least 24 hours prior to the scheduled proceeding or time of scheduled departure from residence if travel is authorized, not counting weekends or federal holidays, no cancellation fee will be paid. If the contract court interpreter is given notice of the cancellation less than 24 hours before the scheduled proceeding or time of departure from residence if travel is authorized, not counting weekends or federal holidays, the court will compensate the interpreter with a cancellation fee.
The cancellation fee is equal to the applicable rate indicated on the Rate and Information Sheet for either the half-day or one full-day depending on the anticipated duration of the assignment. (.....) If the court proceeding is cancelled after the contract court interpreter is en route or arrives at the court location, or if the judge deems that the contract court interpreter is not able to interpret effectively and therefore cannot be used after the interpreter arrives at the court, travel time fees will be paid as indicated in Section 7.2, Fees to be Paid for Travel Days. (.......)
The interpreter services department of the United States District Court, Central District of California provides interpreter and translation service for the court and for other court-related agencies such as the pretrial services office and U.S. probation office. For a detailed description of which proceedings qualify for appointed interpreters, please refer to sections (a) and (j) of the Court Interpreters Act.
For cases that do not qualify for appointed interpreters, please refer to the court’s on-line local roster or other sources for names and telephone numbers of interpreters. You may also contact interpreter services at 213 894-4370 for additional information.
While the United States attorney’s office secures interpreters for prosecution witnesses, defense counsel should contact, contract, and pay for interpreters when their services are needed for attorney/client meetings away from the courtroom. Appointed counsel may refer to the Attorney Assistance, Criminal Justice Act Information section on the Court’s web site for guidance as to rates applicable to interpreting and translating service. The court’s Local Roster of interpreters and other resources are available on the court’s Internet homepage for review by other federal agencies, law firms and the public at large. (See links under “Find an Interpreter”, below.)
When interpreters are needed for prosecution witnesses, the United States attorney’s office secures contract interpreters as needed. When defense witnesses need interpreters, defense counsel should notify the courtroom deputy clerk who will then place a request with interpreter services. For a detailed description of which proceedings qualify for appointed interpreters, please refer to sections (a) and (j) of the Court Interpreters Act. If the language needed by the witness is the same as the defendant’s, it is customary for the proceedings interpreters to also interpret for the defense witness. As with any interpreter requests, interpreter services has to be notified of any changes, continuances, or cancellations as soon as possible in order to avoid late-cancellation situations. If a witness interpreter appears but is not used, that interpreter is entitled to payment:
Volume 5, Chapter 4 of the Guide to Judiciary Policy, 7.3 Cancellation Fees: (......) If the contract court interpreter is given notice of the cancellation less than 24 hours before the scheduled proceeding or time of departure from residence if travel is authorized, not counting weekends or federal holidays, the court will compensate the interpreter with a cancellation fee. (......)
For interpreter assistance during attorney-client meetings, or when appointed interpreters are not indicated, counsel may refer to the links below. Appointed counsel may refer to the Attorney Assistance, Criminal Justice Act Information section on the Court’s home page for guidance as to rates applicable to interpreting and translating service, when such service is not incident to a court proceeding on the same half or full day. Please be aware that in order for interpreters to be admitted into federal detention facilities and courthouse lock-up areas, the interpreters must display the picture identification pass issued by the court. Interpreters are not admitted into the Metropolitan Detention Center or similar facilities without being accompanied by counsel or other legal representatives, or probation/pretrial officers.
LOCAL ROSTER OF INTERPRETERS
(Disclaimer: Please note that the certification levels indicated for each interpreter are self-reported, except in the case of AO-certified interpreters. Users should verify an interpreter’s credentials as needed.)
The following abbreviations are used in the court’s Local Roster to indicate various certifications held by the interpreters:
AO certified: the interpreter is certified by the Administrative Office of the United States Courts. Certification is currently available for Spanish, Haitian Creole, and Navajo.
ATA certified: the interpreter has passed an examination offered by the American Translators Association in a language pair for which examinations are available.
CA certified: the interpreter is certified by the Judicial Council of the State of California. Certification is currently available for Arabic, Armenian, Cantonese, Japanese, Korean, Mandarin, Portuguese, Russian, Spanish, Tagalog, and Vietnamese.
CA registered: the interpreter has passed the Judicial Council Court Interpreters Program English fluency exam, offered to interpreters of languages where there is currently no certification examination available.
RID certified: the Sign language interpreter holds a certificate in one or more levels of proficiency evaluated by the Registry of Interpreters for the Deaf.
Click here to view the Local Roster of Interpreters.
Click here to view the California Judicial Council’s listing of interpreters.
Click here to view the American Translators Association’s listing of translators.
Thinking of becoming an interpreter? The first requirement is near-native fluency in English and one other language. To find out more about the interpreting profession, visit the California Judicial Council’s website at www.courtinfo.ca.gov/programs for a comprehensive introduction to court interpreting in California.
For purposes of the United States District Court, the Court Interpreters Act of 1978 (PL 95-539) requires the Director of the Administrative Office of the United States Courts to prescribe, determine, and certify the qualifications of persons who serve as interpreters in federal courts, when the Director considers such certification to be merited. Certification testing programs have been developed and administered for Spanish, Navajo, and Haitian Creole.
Spanish is the language in highest demand in the federal courts, with Mandarin, Vietnamese, Korean, Cantonese, Armenian, Russian, and Farsi as runners-up at this court. In all, around 50 different languages are provided by California Central District each year. There are currently five Spanish staff interpreter positions (no vacancies), and the court’s local roster contains the names of over 300 interpreters of 80 languages.
Guidelines for Qualifying Court Interpreters
AO (Administrative Office of the Unites States Courts) Certified Interpreters:
An interpreter who has successfully completed the Federal Court Interpreter Certification Examination (FCICE) for a language in which an examination is available. Certification testing programs have been developed and administered for Spanish, Navajo, and Haitian Creole.
Otherwise Qualified Interpreters:
When a certified interpreter is not reasonably available, the court may use an “otherwise qualified interpreter” (28 U.S.C. §1827(b)(2)). Otherwise qualified interpreters consist of the following two categories:
- professionally qualified interpreters
- language-skilled/ad hoc interpreters
Professionally Qualified Interpreters:
The category of professionally qualified interpreters applies only to languages other than Spanish, Navajo, and Haitian Creole. Credentials for professionally qualified interpreters require sufficient documentation and authentication, and must meet the criteria in one of the following:
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Passed the State Department conference or seminar interpreter test in a language pair that includes English and the target language. The State Department’s escort interpreter test is not accepted as qualifying.
Passed the interpreter test of the United Nations in a language pair that includes English and the target language.
Is a current member in good standing of:
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The Association Internationale des Interprètes de Conférence (AIIC); or
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The American Association of Language Specialists (TAALS).
The language pair of the membership qualification must be English and the target language.
For sign language interpreters, someone who holds the Specialist Certificate:
Legal (SC:L) of the Registry of Interpreters for the Deaf (RID).
Language Skilled/ad-hoc Interpreters:
An interpreter who does not qualify as a professionally qualified interpreter, but who can demonstrate to the satisfaction of the court the ability to interpret court proceedings from English to a designated language and from that language into English, will be classified as a language skilled/ad-hoc interpreter, and may be placed on the court’s local roster and included on the Director’s master list as a “language skilled/ad-hoc interpreter.”
The Federal Court Interpreter Certification Examination (FCICE)
A certified interpreter has successfully passed the Federal Court Interpreter Certification Examination (FCICE). Certification testing programs have been developed and administered for Spanish, Navajo, and Haitian Creole. The FCICE is a criterion-referenced performance examination (28U.S.C. §1827(b)(1)) developed and administered under the supervision of the AO District Court Administration Division.
Information on the certification program is available from the Court Interpreter Program page on the judiciary’s public website.
Professional organizations for interpreters and translators
American Translators Association: www.atanet.org
National Association of Judiciary Interpreters & Translators: www.najit.org
Southern California Translators & Interpreters Association: www.scatia.org
National Registry of Interpreters for the Deaf: www.rid.org
California Court Interpreters Association: www.ccia.org
ORIENTATION MATERIALS FOR INTERPRETERS
(See attachments below)
Court Interpreter Management Plan (Attachment 1) Revised 5-3-11
Initial Appearance before a U.S. Magistrate Judge (Attachment 2) Revised 01/07/09
Post Indictment Arraignment (Attachment 3)
Pretrial Hearings (Attachment 4) Revised 12/01/08
Change of Plea (Attachment 5) Revised 10/28/08
The Trial (Attachment 6)
Interpreting at the Witness Stand (Attachment 7) Revised 1/07/09
Pre-sentence Investigation and Report (Attachment 8) Revised 11/05/08
Sentencing (Attachment 9) Revised 8/05/08
Government Witnesses (Attachment 10) Revised 10/26/05
Services Provided under CJA (Attachment 11) Revised 07/13/2011
Translation of Tapes, Videotapes, and Compact Discs (Attachment 12) Revised 07/11/2007
Translation of Documents (Attachment 13) Revised 07/11/2007
This section contains forms for interpreters on the court’s local roster. Many of the forms can be filled in on-line and printed for use by the interpreter. All forms submitted for payment must contain original signatures.
CJA 21 - out-of-court attorney-client interviews, tape & document translation
CJA 31- out-of-court attorney-client interviews in death penalty cases
Standard Form 1034 - all work done for the U.S. attorney’s office, including in-court interpreting for a government witness
I-2, Contract Interpreter Purchase Agreement and Invoice (Court’s claim form) - all in-court work, and all work incident to a court appearance during the same half day or full day; pretrial & probation interviews; sight-translation of pre-sentence investigation reports. Interpreter must be contracted by Interpreter Services, U.S. District Court, Central District of California
I-3, Interpreting Services Invoice (Psychological evaluation of inmate) - work done at the Metropolitan Detention Center
I-3, Interpreting Services Invoice (Intake screening of inmate) - work done at the Metropolitan Detention Center
I-4, Contract Interpreter Employment Application - fill out prior to orientation interview
I-5, Tape/Compact Disc Assignment Work Log |