[51 Pa.B. 7415]
[Saturday, December 4, 2021]
[Continued from previous Web Page]
Schedule A
Interpreter Orientation Workshop Topics Covered by the Interpreter Orientation Workshop
1. Interpreting as a Profession.
2. Description of the Pennsylvania Judicial System.
3. [Ethics] Rules of Professional Conduct and Professional Development.
4. Interpreting Skills and Modes of Interpretation.
5. Preparing for the Written and Oral Examinations.
Interpreters will also receive training materials, information about resources, legal glossaries, and study tips at the Interpreter Orientation Workshop.
Faculty for the Interpreter Orientation Workshop
The Interpreter Orientation workshops will be taught by qualified professional trainers who are [Federally and RID] either federally, state, Texas Board of Evaluation of Interpreters (BEI), or Register of Interpreters for the Deaf (RID) certified interpreters and possess vast experience in the field of legal interpreting.
Schedule B
Written Interpreter Certification Examination Multiple Choice: questions; passing requirements; time allotted.
The first part of the written examination consists of 135 multiple-choice questions. In order to pass the multiple-choice part, 80 percent (108 questions) must be answered correctly. Examinees are allotted two hours and fifteen minutes to complete the multiple-choice part of the test.
Foreign Language Assessment Exercise: questions; passing requirements; time allotted.
For the Foreign Language Assessment Exercise, the interpreter must translate ten items from English into the target language. The foreign language assessment will be administered the same day, immediately after the multiple-choice part of the examination, and will be rated on a pass/borderline pass/not pass basis. Examinees will have [45 minutes] 1 hour to translate the ten items.
Schedule C
Oral Proficiency Examination Content of the Full Oral Proficiency Examination. The full oral proficiency exam consists of three parts: simultaneous interpretation, consecutive interpretation, and sight translation. For languages in which there is only an abbreviated exam, one or more of these segments has not yet been developed.
1. Simultaneous interpreting. The interpreter listens through headphones to a [CD] recording of a simulated attorney's opening or closing statement to a judge or jury, a judge instructing a jury, or the cross-examination of a witness. The interpreter interprets aloud what he or she hears over the headset. This mode of interpreting simulates many situations interpreters encounter in courtrooms while interpreting for defendants during procedural hearings and trials. The statement is approximately 800 to 850 words in length, is recorded at an approximate speed of 120 words per minute, and is about seven minutes long.
2. Consecutive interpreting. The interpreter interprets English language statements into the foreign language and foreign language responses into English. In consecutive interpreting the interpreter must wait until the speaker finishes the utterance before beginning to deliver the interpretation. This is the appropriate type of interpreting for non-English speaking witnesses, and other question-and-answer situations involving limited English proficient persons. The segments are pre-recorded [on a CD] and the interpreter may ask to have two of the segments repeated.
3. Sight translation. The interpreter is asked to interpret one document from English into the foreign language and another from the foreign language into English. Each document is approximately 225 words in length and the interpreter is allowed six minutes to interpret each document.
Languages for which there are Full or Abbreviated Oral Proficiency Examinations.
1. Full examination: Arabic [(Modern Standard)], Cantonese, Filipino (Tagalog), French, Haitian Creole, Hmong, [Ilocano, Italian] Khmer, Korean, [Laotian,] Mandarin, [Marshallese,] Polish, Portuguese, Russian, [Somali,] Spanish, and Vietnamese
2. Abbreviated examination: [Arabic (Egyptian Colloquial), Bosnian, Chuukese, Croatian, German, Serbian,] Bosnian/Croatian/Serbian and Turkish
Oral Proficiency Interview and Versant Spoken English test for Languages in Which There is no Full or Abbreviated Oral Proficiency Examination.
Oral proficiency interviews were developed by the American Council on the Teaching of Foreign Languages (ACTFL) for evaluating the language communication skills of speakers of foreign languages and are administered by Language Testing International (LTI). There are over 50 languages available and the interpreter must perform at the superior level to pass. The interpreter travels to a location with secure access to a phone line and, after providing a valid picture ID and other verifying information, the interpreter is placed in a room where the interview is administered over the telephone. The results are reported to the [ICP] Interpreter Certification Program (ICP) and the interpreter.
Candidates must also pass the Versant Spoken English language test. This test evaluates the spoken English skills of non-native speakers. It is administered in the same manner as the oral proficiency interview. Candidates must travel to a secure location where, after verifying their identity, they take the test online on a computer. The 15-minute test is automated and the candidate's responses are recorded in six areas: reading, sentence construction, vocabulary, fluency, pronunciation, and overall comprehension. The minimum passing score is 47.
Administration of Oral Proficiency Examinations.
1. Full oral proficiency examination. Interpreters in languages for which there is a full oral proficiency exam will first be given the simultaneous part of the examination. After passing the simultaneous part, they will sit for the consecutive and sight portions at a subsequent date. The consecutive and the sight portions of the examination must be completed within one year from the date on which they took and passed the simultaneous portion. Interpreters will be allowed to carry forward the score of any portions they have passed for a maximum of two years. The same version of the examination can be taken a maximum of two times and the examination cannot be repeated more than once in a [ten-month] six-month period.
2. Abbreviated oral proficiency examination. Interpreters in languages for which only an abbreviated examination exists will be given the simultaneous portion first, if there is one. If no simultaneous part exists, they will take whatever portions are available, either the consecutive part, the sight part, or both. The scores of any portion passed can be carried forward for a maximum of two years. The same version of the examination can be taken a maximum of two times and the examination cannot be repeated more than once in a [ten-month] six-month period.
Retaking Part of the Oral Proficiency Examination.
Interpreters who fail the simultaneous part may retake the examination [again at any time]. However, [it is recommended that they allow themselves at least six to eight] they must wait six months in order to practice and develop their skills before attempting to retake the examination. If after passing the simultaneous part the interpreter fails either the consecutive or the sight portions, they must retake and pass whichever part they failed within one year. This is because interpreters must pass all three parts of the oral proficiency examination within one testing cycle, which consists of two years. The testing cycle requirement is not triggered until the interpreter passes the simultaneous portion.
Interpreters of languages for which there is only an abbreviated oral proficiency examination must also complete the remaining parts within one testing cycle after passing the simultaneous part, if there is one. If no simultaneous part exists, the interpreter must take whatever parts are available within one testing cycle. The testing cycle requirement is not triggered until the interpreter passes at least one part of the available parts of the oral proficiency examination that are available.
[RID or NAD Certificates for Legal Interpretation] Register of Interpreters for the Deaf (RID), the Texas Board of Evaluation of Interpreters (BEI), or National Association for the Deaf (NAD) Certificates for Legal Interpretation.
• Specialist Certificate-Legal (SC-L)
• Combined Certificate of Interpretation and Transliteration (CI/CT)
• Comprehensive Skills Certificate (CSC)
• National Interpreter Certification (NIC)
• Certified Deaf Interpreter (CDI)
• Conditional Legal Interpreting Permit-Relay (CLIP-R)
• Individual CI or CT
• NAD V Master
• NAD IV Advanced
• BEI Court Interpreter Certification
Interpreters with a Court Interpreter Certification from BEI must comply with all qualifications and requirements for either hearing or deaf candidates listed in BEI Handbook Section 4.2.1 (Qualifications and Requirements for Court Interpreter Certification). See https://www.hhs.texas.gov/.
Schedule D
Interpreter Classification Tables 1. Interpreters Working in a Foreign Language for Which There is a Full or Abbreviated Oral Proficiency Examination.
CRITERIA CLASSIFICATION Certified Otherwise Qualified Master Certified Qualified Conditional Written Exam 85% or higher 80% or higher 80% or higher 80% or higher Simultaneous 85% or higher 70% or higher 60% or higher 50% or higher Consecutive 85% or higher 70% or higher 60% or higher 50% or higher Sight (Eng./FL) 85% or higher average but no lower than 80% in each part 70% or higher average but no lower than 65% in each part 60% or higher average but no lower than 55% in each part 50% or higher Sight (FL/Eng.) 85% or higher average but no lower than 80% in each part 70% or higher average but no lower than 65% in each part 60% or higher average but no lower than 55% in each part 50% or higher 2. Interpreters Working in a Foreign Language for Which There is no Full or Abbreviated Oral Proficiency Examination.
CRITERIA CLASSIFICATION Otherwise Qualified Registered Conditional Written Exam 80% or higher 80% or higher Oral Proficiency Interview Superior Level No Oral Proficiency Interview available English Oral Proficiency Test [Superior Level (if necessary)] Versant English Test
Passing score 47[Superior Level (if necessary)] Versant English Test
Passing score 47[TOEFL (written test)] [Pass (if necessary)] [Pass (if necessary)] Other Pass oral proficiency test in their language when available Pass oral proficiency test in their language when available 3. Sign Language Interpreters and Interpreters for the Deaf.
CRITERIA CLASSIFICATION Certified Otherwise Qualified Master Certified Qualified Registered Written Exam 85% or higher 80% or higher 80% or higher 80% or higher RID Certification SC/L CI/CT, CDI, CLIP-R, CSC, NIC CI or CT, or any other relevant Any other relevant RID certificate BEI Certification BEI Court Interpreter Certification N/A N/A N/A NAD Certification None NAD V NAD IV Any other relevant NAD certificate Register with ODHH Yes Yes Yes Only if holding a RID certificate Attempt to obtain relevant legal certificate Not applicable As necessary As necessary As necessary Provide evidence of certification Yes Yes Yes Yes
Schedule E
Interpreter Certification Program Fees
EVENT APPLIES TO IN-STATE OUT-OF-STATE Registration All interpreters No charge No charge Orientation Workshop All interpreters $150 $175 Written Examination All interpreters (except those qualifying for reciprocity) $50 $75 Language Assessment Exercise Retakes Interpreters in languages with a full or abbreviated NCSC test $25 $25 Oral Exam—Simultaneous Interpreters in languages with a full or abbreviated NCSC test (except those who qualify for reciprocity) $100 $125 Oral Exam—Consecutive & Sight Interpreters in languages with a full or abbreviated NCSC test (except those who qualify for reciprocity) $150 $175 Oral Exam—Full test Interpreters in languages with a full NCSC test (except those who qualify for reciprocity) $250 $300 Oral Exams Retakes—
Any one partInterpreters in languages with a full or abbreviated NCSC test (except those who qualify for reciprocity) $100 $125 Oral Exams Retakes—
Any two partsInterpreters in languages with a full or abbreviated NCSC test (except those who qualify for reciprocity) $150 $175 Oral Proficiency Interview Interpreters [of] in languages for which there is no [Consortium] NCSC full or abbreviated oral exam [$143]
$139*[$143]
$139*Versant English Test Interpreters in languages for which there is no NCSC full or abbreviated oral exam $32.95* $32.95* Registration of RID, BEI or NAD certifications Sign language interpreters only $25 $25 Background check All interpreters No charge No charge Registration of out-of-state certification Interpreters applying for reciprocity $25 $25 Renewal of certification (every two years) All interpreters $25 $25 * Fees subject to change based on the agency administering the exam.
Schedule F
Pennsylvania Rules of Professional Conduct for Judiciary Interpreters Legal Authority
In accordance with Act 172 of 2006 (42 Pa.C.S. §§ 4411(e) and 4431(e)), the Court Administrator of Pennsylvania hereby establishes these Rules of Professional Conduct for Judiciary Interpreters in the Unified Judicial System of Pennsylvania.
Preamble
Many persons who come before the courts are partially or completely excluded from full participation in the proceedings due to limited English proficiency (LEP) or [a speech or hearing impairment] because they are speech impaired or have a hearing loss. It is the Court's intention to remove this communication barrier in order to provide equal access and due process so that these persons are placed in the same position as similarly situated persons for whom there is no such impediment. As officers of the court, interpreters help assure that such persons may enjoy equal access to justice and that court proceedings and court support services function efficiently and effectively. Interpreters are highly skilled professionals who fulfill an essential role in the administration of justice. In their capacity as officers of the court, court interpreters are bound by rules of professional conduct.
Applicability and Enforcement
These rules shall guide and be binding upon all persons, agencies and organizations who administer, supervise, deliver, or attempt to become certified to deliver, interpreting services to the Judiciary. It shall govern the conduct of persons who are employed, under contract, or otherwise appointed by the Judiciary to interpret, transliterate, [translate] or deliver foreign and sign language interpreting services to the judicial system. This shall include persons who offer their services free of charge or on a volunteer basis.
Violations of these rules may result in the interpreter being removed from a case, being suspended, being denied future appointments by the courts, losing certification if the interpreter has been certified pursuant to Act 172 and the Administrative Regulations Governing [Court Interpreters] Language Access for Persons with Limited English Proficiency and for Persons who are Deaf or Hard of Hearing or any other sanctions deemed appropriate by the Court Administrator of Pennsylvania. The Court Administrator is authorized to adopt policies and procedures necessary to enforce these rules.
RULE 1: REPRESENTATION OF QUALIFICATIONS.
Interpreters shall accurately and completely represent their certifications, training, and pertinent experience.
Comment Acceptance of a case by an interpreter conveys linguistic competency in legal settings. Withdrawing or being asked to withdraw from a case after it begins causes a disruption of court proceedings and is wasteful of scarce public resources. It is therefore essential that interpreters present a complete and truthful account of their certification, training, and experience prior to appointment so the officers of the court can fairly evaluate their qualifications for delivering interpreting services.
RULE 2: ACCURACY AND COMPLETENESS.
Interpreters shall render a complete and accurate interpretation or sight translation, without altering, omitting, or adding anything to what is stated or written, and without embellishment or explanation.
Comment The interpreter has a twofold duty: (1) to ensure that the proceedings in English reflect precisely what was said by the [limited English proficient (LEP) person or] LEP, speech [or hearing impaired person,] impaired, or hard of hearing person; and (2) to place the LEP [or], speech [or hearing impaired person] impaired, or hard of hearing person on an equal footing with those who understand English. This creates an obligation to conserve every element of information contained in a source language communication when it is rendered in the target language.
Therefore, interpreters are obligated to apply their best skills and judgment to preserve faithfully the meaning of what is said in court, including the style and register of speech. Verbatim or literal oral interpretations are not appropriate when they distort the meaning of the source language, but every spoken statement, even if it appears non-responsive, obscene, rambling, or incoherent should be interpreted. This includes apparent misstatements.
Interpreters should never interject their own words, phrases, or expressions. They should convey the emotional emphasis of the speaker without reenacting or mimicking the speaker's emotions or dramatic gestures.
Sign language interpreters, however, must employ all of the visual cues that the language they are interpreting for requires, including facial expressions, body language, and hand gestures. Sign language interpreters, therefore, should ensure that court participants do not confuse these essential elements of the interpreted language with inappropriate interpreter conduct.
The obligation to preserve accuracy includes the interpreter's duty to correct any error of interpretation discovered by the interpreter during the proceeding. Interpreters should also demonstrate their professionalism by objectively analyzing any challenge to their performance.
RULE 3: IMPARTIALITY AND AVOIDANCE OF CONFLICT OF INTEREST.
Interpreters shall be impartial and unbiased and shall refrain from conduct that may give an appearance of bias or favoritism. Interpreters shall disclose any real or perceived conflict of interest.
Comment Interpreters serve as officers of the court and their main duty in court proceedings is to serve the court. This is true regardless of whether the interpreter is publicly retained at government expense or retained privately at the expense of one of the parties.
Interpreters should avoid any conduct or behavior that presents the appearance of favoritism toward any of the parties. Interpreters should maintain professional relationships with their clients and should not take an active part in any of the proceedings. The interpreter should discourage an LEP or speech [or hearing impaired party's] impaired person or person with hearing loss's personal dependence on the interpreter.
During the course of the proceedings, interpreters should not converse with parties, witnesses, jurors, attorneys, or [with] friends or relatives of any party, except in the discharge of their official functions. It is especially important that interpreters, who are often familiar with attorneys, courtroom staff, and law enforcement officers, refrain from casual and personal conversations with anyone in court that may convey an appearance of a special relationship or partiality to any of the court participants.
The interpreter should strive for professional detachment. Verbal and non-verbal displays of personal attitudes, prejudices, emotions, or opinions should be avoided at all times.
Should the interpreter become aware that a proceeding participant views the interpreter as having a bias or being biased, the interpreter should disclose that knowledge to the appropriate judicial authority and counsel.
Any condition that interferes with the objectivity of an interpreter constitutes a conflict of interest. Before providing professional services in a matter, interpreters must disclose to all parties any prior involvement, whether personal or professional, that could be reasonably construed as a conflict of interest. This disclosure should not include privileged or confidential information. The following circumstances are presumed to create actual or apparent conflicts of interest for interpreters and should preclude them from serving in any proceeding in which:
1. they are a friend, associate, or relative of a party or counsel for a party involved in the proceedings;
2. they[,] or their spouse, child, or relative is a party to the proceeding or have a financial interest or any other interest that would be affected by the outcome of the proceeding;
3. they have been previously retained by a law enforcement agency to assist in the preparation of the criminal case at issue or have served in an investigative capacity for any party involved in the case; and
4. they have been involved in the choice of counsel or law firm for that case.
Interpreters should also disclose to the court and other parties when they have previously been retained for private employment by one of the parties in the case and should not serve in any matter in which payment for their services is contingent upon the outcome of the case.
An interpreter who is also an attorney should not serve in both capacities in the same matter. Similarly, attorneys, probation officers, investigators, police officers, sheriffs, therapists, social workers, advocates, and other professionals should not interpret in any judicial proceeding or any court support service in which they are professionally involved with a party to the matter.
RULE 4: PROFESSIONAL DEMEANOR.
Interpreters shall conduct themselves in a manner consistent with the dignity of the court and shall be as unobtrusive as possible.
Comment Interpreters should know and observe established [protocol] protocols, rules, and procedures for delivering interpreting services. They should speak at a rate and volume that enables them to be heard and understood throughout the courtroom, but their presence should otherwise be as unobtrusive as possible. They should not draw undue or inappropriate attention to themselves and should dress in a manner that is consistent with the dignity of the proceedings and the court. Interpreters are encouraged to avoid personal or professional conduct that could discredit or be embarrassing to the court.
RULE 5: CONFIDENTIALITY.
Interpreters shall protect the confidentiality of all privileged and other confidential information.
Comment Interpreters must protect and uphold the confidentiality of all privileged information obtained during the discharge of their duties. Privileged information refers to confidential information that is protected from disclosure by law or statute, as listed in 42 Pa.C.S. §§ 4415 and 4436 and § 103 of these Regulations. They must be familiar with and understand the rules applicable to the handling of privileged and confidential information. It is especially important that interpreters understand and uphold the attorney-client privilege, which requires confidentiality with respect to any communication between attorney and client. Interpreters must also refrain from repeating or disclosing information obtained in the course of their employment that may be relevant to the legal proceeding.
In the event that an interpreter becomes aware of information that suggests imminent harm to someone or relates to a crime being committed during the course of the proceedings, the interpreter should immediately disclose the information to an appropriate authority within the judiciary who is not a party in the proceeding and seek advice in regard to the potential conflict in professional responsibility.
RULE 6: RESTRICTION FROM PUBLIC COMMENT.
Interpreters shall not publicly discuss, report, or offer an opinion concerning a matter in which they are or have been engaged, even when that information is not privileged or required by law to be confidential.
Comment Even when communications are not privileged, interpreters should be mindful not to discuss a case while it is pending. An exemption to this rule would be if the interpreter is called upon to testify as a language expert. In such instances the interpreter should limit his or her opinion to strict matters of linguistic expertise, such as the meaning and usage of specific words or culturally bound terms. When called upon to testify in court, the interpreter should request a ruling by the court upon the propriety of testimony on confidential matters. Also, if a disciplinary complaint or lawsuit arising out of interpretation services is filed against an interpreter, he or she may testify about relevant communications.
RULE 7: SCOPE AND LIMITATIONS OF PRACTICE.
Interpreters shall limit themselves to interpreting, transliterating or sight translating and shall not give legal advice, express personal opinions to individuals for whom they are interpreting, or engage in any other activities which may be construed to constitute a service other than interpreting, transliterating or sight translating while serving as an interpreter.
Comment Since interpreters are responsible only for enabling others to communicate, they should limit themselves to the activity of interpreting, transliterating or sight translating only. They should not take a primary role in such communications and may take a secondary role only as necessary for assuring an accurate and faithful interpretation, transliteration or sight translation.
Interpreters may assume a secondary role when they find it necessary to speak directly to the court to seek assistance in performing their duties, e.g., requesting that speakers moderate their rate of communication or repeat or rephrase a statement, correcting an interpreting error, or notifying the court of their reservations about their ability to satisfy an assignment competently.
Interpreters should avoid activities that may be reasonably construed to constitute the practicing of law, e.g., giving legal advice or answering parties' questions that would ordinarily be answered by an attorney. An interpreter may convey legal advice from an attorney to a person only while the attorney giving it is present.
Interpreters should not explain the purpose of forms and services or otherwise act as counselors, advisors, or advocates unless they are interpreting for someone who is acting in that official capacity. The interpreter may sight translate language on a form for a person who is filling out the form, but may not explain the form or its purpose for such a person.
Interpreters should not personally serve to perform official acts that are the official responsibility of other court officials including, but not limited to, court clerks, pretrial release investigators, interviewers, probation officers, hearing officers, or counselors.
RULE 8: ASSESSING AND REPORTING IMPEDIMENTS TO PERFORMANCE.
Interpreters shall assess at all times their ability to deliver their services. When interpreters have any reservation about their ability to satisfy an assignment competently, they shall immediately convey that reservation to the court or other appropriate judicial authority.
Comment Interpreters should immediately notify the court if the communication mode or language of the LEP person cannot be readily interpreted or if the interpreter's language of expertise does not match that of the LEP person. They should also notify the court of any environmental or physical limitation that impedes or hinders their ability to deliver interpreting services adequately (e.g., too much noise in the courtroom, inability to hear the speaker or be heard by the LEP person, more than one person speaking at a time, or principals and witnesses speaking at a high rate of speed).
Sign language interpreters must ensure that they can both see and convey the full range of visual language elements necessary for communication, including facial expressions and body movement, as well as hand gestures.
Interpreters should inform the presiding officer of the need to take periodic breaks in order to maintain mental and physical alertness and prevent interpreter fatigue. They should also recommend and encourage the use of team interpreting whenever necessary.
Interpreters should refrain from accepting a case if they feel the language and subject matter is likely to exceed their skills or capacities. Even competent and experienced interpreters may encounter cases in which routine proceedings suddenly involve technical or specialized terminology unfamiliar to them. Interpreters should feel no compunction about notifying the presiding officer if they feel unable to perform competently, due to lack of familiarity with terminology, preparation, or difficulty in understanding a witness or defendant.
Finally, interpreters should notify the court of any personal bias they may have involving any aspect of the proceedings which may prevent them from performing their duties according to these rules. For example, an interpreter who has been the victim of a sexual assault may wish to be excused from interpreting in cases involving similar offenses.
RULE 9: DUTY TO REPORT ETHICAL VIOLATIONS.
Interpreters shall report to the proper judicial authority any effort to impede their compliance with any law, any provision of these rules, or any other official policy governing court interpreting and legal translating.
Comment Because users of interpreting services frequently misunderstand the proper role of the interpreter, they may ask or expect the interpreter to perform duties or engage in activities that run counter to the provisions of these rules or other laws, regulations, or policies governing court interpreting. It is incumbent upon the interpreter to inform such persons of the interpreter's professional obligations. If after having been apprised of these obligations, the person persists in demanding that the interpreter violate them, the interpreter should inform a supervisor, the judge, the court, or another official with jurisdiction over interpreter matters to resolve the situation. Interpreters should report any solicitation or effort by another to induce or encourage them to violate any law, any provision of these rules, or any other standard governing interpreting, transliteration or sight translating promulgated by the Judiciary.
RULE 10: ACCEPTANCE OF COMPENSATION.
Interpreters shall accept no remuneration, gifts, gratuities, or any other valuable consideration in excess of their authorized compensation in the performance of their official interpreting duties.
Comment Interpreters should never accept any type of gifts, payment, or compensation other than their due payment for services rendered. They should reject any offers of favors, presents, tips (monetary or otherwise), or other acknowledgement as a ''thank you'' for services rendered. Neither should they accept invitations to events where their presence, admission, or participation can be construed as remuneration for professional services or assistance rendered in the course of the discharge of their duties. Interpreters should never be perceived as taking advantage of knowledge or information obtained in the performance of their official duties, or by their access to court records, facilities, or privileges, for their own or another's personal gain.
RULE 11: PROFESSIONAL DEVELOPMENT.
Interpreters shall continually improve their skills and knowledge and advance the profession through activities such as professional training and education, and interaction with colleagues and specialists in related fields.
Comment Interpreters must continually strive to increase their knowledge of the languages they work professionally, including past and current trends in technical, vernacular, and regional terminology, as well as their application within court proceedings. They should also keep abreast of all statutes, rules of court, and policies of the judiciary that relate to the performance of their professional duties.
An interpreter should seek to continually elevate the standards of the profession through participation in workshops, professional meetings, interaction with colleagues, and reading current literature in the field.
RULE 12: AGREEMENT TO ABIDE BY THESE RULES.
Interpreters[,] and transliterators [and translators] working for the Unified Judicial System of Pennsylvania accept and agree to be bound by these rules, and understand that appropriate sanctions may be imposed by the ICP Administrator, hearing officer, or Court Administrator for willful violations.
Comment Upon completion of all certification requirements, interpreters shall be sworn in and issued a certificate attesting that they have successfully completed all program requirements. At the same time they will be asked to sign a copy of these rules of conduct which will then be placed in their permanent file. They will also receive a copy of the program's disciplinary policy.
Schedule G
Interpreting Fee Schedule Pursuant to 42 Pa.C.S. § 4411(d) and § 4431(d), the Court Administrator establishes the following reasonable fee schedule for onsite, video, and telephonic interpreting services rendered by certified and otherwise qualified interpreters in judicial proceedings and other court services. These fees apply to both foreign and sign language interpretation.
The compensation schedule is subject to periodic review by the Court Administrator.
Onsite, Video, and Telephonic Interpreting Fee Schedule
Interpreter Classification Hourly up to 3.5 Hours Half & Full Day Hourly
(2 hr. min.)30 Minutes Increments
(1/2 hourly rate)Half Day
(3.5 hrs.)Full Day
(7 hrs.)Master $80 $40 $260 $475 Certified $65 $32.50 $210 $400 Qualified $45 $22.50 $140 $270 Conditional $35 $17.50 $105 $200 Registered $60 $30 $200 $390 Rare or uncommon languages and interpreters from resource lists provided by the ICP Interpreters in this category will be compensated based on their qualifications, experience, type of case, and language within the parameters of the compensation schedule and the guidelines.
Note: Rare or uncommon languages are languages of low diffusion not listed in the ICP Roster.
A. Onsite Interpreting Provisions
1. Assignments. An assignment is the contracted timeframe for which the interpreter is retained regardless of the number of cases scheduled within that timeframe. For example, when interpreters are assigned to several cases at various courts in the same judicial district/county which are scheduled sequentially on the same day, that constitutes an assignment, and compensation will be based on the total time worked in that district that day. The two (2) hour minimum applies per assignment, not on a per case basis. A half-day consists of three and a half (3.5) hours, and a full day consists of seven (7) hours.
2. Cancellation. Cancellations are based on business days and exclude weekends and holidays.
i. Interpreters who receive at least forty-eight (48) hours' advance notice of a cancellation, excluding weekends and holidays, are not entitled to a cancellation fee.
ii. Hourly, half, and one day assignments. If cancellation occurs with less than forty-eight (48) hours' notice provided to the interpreter, excluding weekends and holidays, the cancellation fee shall be equivalent to two (2) hours' pay based on the hourly rate and interpreter classification.
iii. Multiple day assignments. When the interpreter is hired for an assignment lasting two (2) or more days, if cancellation occurs with less than forty-eight (48) hours' notice provided to the interpreter, excluding weekends and holidays, the cancellation fee shall be equivalent to one (1) full day compensation for the first day and two (2) hours for each additional day based on interpreter classification. If a case ends before the contracted time (e.g., an interpreter is retained for a three (3) day trial, but the case settles after the first day), an interpreter will be entitled to two (2) hours pay for each canceled day.
iv. Interpreters will be entitled to reimbursement of any incurred expenses in accordance with Section 4.
v. When the interpreter cancels an assignment, there will be no compensation.
3. Compensation, time extensions, and overtime.
i. Minimum compensation. When hired at an hourly rate, interpreters are entitled to a two (2) hour minimum guaranteed compensation per assignment based on the interpreter's credentialing level.
ii. Hourly Rate. The first two hours are paid according to the table above. After the second hour, compensation will be paid at half (1/2) the hourly rate in thirty (30) minute increments based on the interpreter credentialing level. Judicial districts are strongly encouraged to consider hiring at the half- or full-day rate when assignments are expected to go over two (2) hours and when hiring for more than one case.
iii. Half-day rate. The first three and a half (3.5) hours are paid according to the table above. Assignments that exceed three and a half (3.5) hours but are less than seven (7) hours long will be paid at half (1/2) the hourly rate in thirty (30) minute increments based on the interpreter's credentialing level.
iv. Full-day rate. A full-day rate consists of seven (7) hours paid according to the table above.
v. Overtime. Overtime will be paid only when an assignment exceeds a full day (7 hours). Overtime compensation will be in hourly increments at one and a half (1.5) times the hourly rate based on the interpreter's credentialing level.
vi. Assignments outside normal business hours (5 pm to 8 am). Assignments that occur outside of normal business hours will be paid at one and a half (1.5) times the hourly rate based on the interpreter's credentialing level. A two (2) hour minimum will apply. Additional time will be paid at one and a half (1.5) times the hourly rate in thirty (30) minute increments based on the interpreter's credentialing level.
4. Mileage, parking, tolls, and travel.
i. Mileage will be paid at the prevailing rate in the county or court whenever the interpreter travels more than twenty-five (25) miles round trip to an assignment. If no mileage rate is set locally, mileage will be paid at the prevailing Internal Revenue Service rate. Tolls will be reimbursed with proof of payment (e.g., detailed bills evidencing payment, receipts, and/or canceled checks).
ii. Parking will be paid in full when no free parking exists within a five (5)-block radius of the assignment location. Parking will not be paid when free parking is provided.
iii. Travel time will be paid when the interpreter travels more than two (2) hours round trip from the interpreter's normal business address or location to an assignment. Travel time will be paid at half (½) the hourly compensation rate for the interpreter's classification.
iv. Travel by public transportation. If travel by bus, train, or plane is required, the interpreter is entitled to full reimbursement of travel costs. Courts are encouraged to make the necessary travel arrangements.
v. Overnight accommodations. If overnight hotel accommodations are required for the completion of an assignment, this expense is reimbursable to the interpreter. Courts are encouraged to make the necessary reservations themselves at a local hotel close to the assignment location. The interpreter is also entitled to a per diem for overnight assignments based on the prevailing federal CONUS rates.
vi. Proof of payment (e.g., detailed bills evidencing payment, receipts, and/or canceled checks) must accompany all requests for reimbursement.
5. Interpreting Equipment. Interpreters are not allowed to charge for the use of their own interpreting equipment. Courts are encouraged to purchase interpreting equipment and make it available to interpreters.
B. Video and Telephonic Interpreting Provisions
1. Assignments. An assignment is the contracted timeframe for which the interpreter is retained regardless of the number of cases scheduled within that timeframe. For example, when interpreters are assigned to several cases at various courts in the same judicial district/county which are scheduled sequentially on the same day, that constitutes an assignment, and compensation will be based on the total time worked in that district that day. The two (2) hour minimum applies per assignment, not on a per case basis.
2. Cancellation. Cancellations are based on business days and exclude weekends and holidays.
i. Interpreters who receive at least forty-eight (48) hours' advance notice of a cancellation, excluding weekends and holidays, are not entitled to a cancellation fee.
ii. Hourly assignments. If cancellation occurs with less than forty-eight (48) hours' notice, excluding weekends and holidays, the cancellation fee shall be equivalent to two (2) hours' pay based on the hourly rate and interpreter classification.
iii. Half- and full-day assignments. If cancellation occurs with less than forty-eight (48) hours' notice, excluding weekends and holidays, the cancellation fee shall be equivalent to two (2) hours' pay based on the hourly rate and interpreter classification.
iv. When the interpreter cancels an assignment, there will be no compensation.
3. Compensation, time extensions, and overtime.
i. Start time. The time at which the interpreter begins to receive payment for services rendered is when the interpreter connects remotely to the courtroom or is asked to be available, not the time when the proceeding actually begins (e.g., start time in the hearing notice), or when the judge takes the bench.
ii. Minimum compensation. When hired at an hourly rate, interpreters are entitled to a two (2) hour minimum guaranteed compensation per assignment based on the interpreter's credentialing level.
iii. Hourly rate. The first two hours are paid according to the table above. After the first two hours, compensation will be paid in thirty (30) minute increments at one-half (1/2) the hourly rate for the next one and a half (1.5) hours based on the interpreter's credentialing level. Judicial districts are strongly encouraged to consider hiring at the half- or full-day rate when assignments are expected to go over two (2) hours and when hiring for more than one case.
iv. Half-day rate. The first three and a half (3.5) hours are paid according to the table above. Assignments that exceed three and a half (3.5) hours but are less than seven (7) hours long will be paid at half (1/2) the hourly rate in thirty (30) minute increments based on the interpreter's credentialing level.
v. Full-day rate. A full-day rate consists of seven (7) hours paid according to the table above.
vi. Overtime. Overtime will be paid only when an assignment exceeds a full day (7 hours). Overtime compensation will be in hourly increments, at one and a half (1.5) times the hourly rate based on the interpreter's credentialing level.
vii. Remote assignments outside normal business hours (5 pm to 8 am). Remote assignments outside of normal business hours via video or phone will be paid at one and a half (1.5) times the hourly rate based on the interpreter's credentialing level. A two (2) hour minimum will apply. Additional time will be paid at one and a half (1.5) times the hourly rate in thirty (30) minute increments based on the interpreter's credentialing level.
4. Time commitment.
i. Interpreters should be notified about the expected length of the assignment by the court (i.e., by the language access coordinator or assignment clerk) when contracted. This will be based on the best estimate available to the court at the time of hiring.
ii. Interpreters must remain available for the duration of the contracted time, including the first two hours when hired at the hourly rate unless they are released by the court prior to the expiration of their contracted time. When a case lasts less than two hours, interpreters must check with the language access coordinator or assignment clerk to see if they are needed elsewhere before being released.
iii. As a best practice, interpreters should allow at least thirty (30) minutes between cases when contracting to provide services remotely unless cases are scheduled sequentially in the same judicial district. This allows for a smooth transition between assignments.
iv. When reporting for a remote assignment, the interpreter must always advise the court if they have another matter scheduled after the expected time commitment they agreed to when hired for the case.
v. Under no circumstances will the interpreter leave an ongoing matter due to a scheduled conflict with an upcoming assignment without the consent of the presiding judicial officer. The interpreter must alert the presiding judicial officer of any possibility of a scheduling conflict and wait for the court to conclude the matter before withdrawing from the call. If necessary, the interpreter should be given an opportunity to inform their client for the next assignment that they are delayed.
vi. Any interpreter who intentionally leaves a video or telephonic assignment before the expiration of the agreed length of time for which the interpreter was contracted, without the consent of the presiding judicial officer, will not be compensated for any time worked on the case.
5. Equipment considerations.
i. The interpreter shall have the necessary equipment, hardware, software, and internet broadband connection, to provide effective video and telephone interpretation and will maintain such equipment in proper working order. The equipment must be compatible with the various platforms and solutions used by judicial districts. The use of an Ethernet connection, headphones, and microphones for providing video remote interpretation is preferred and considered a best practice.
ii. A fast and secure wired connection is preferred for providing telephonic interpretation during both court proceedings and conference calls and when using a separate line to provide simultaneous interpretation during video calls. This is due to security and privacy concerns and to the unreliability and vulnerability of mobile devices and wireless signals. If a mobile wireless device is used, the interpreter must make sure they are in a location with a strong signal and are working within a secure network.
iii. Interpretation should be provided from a quiet location free of noise and distraction, preferably from a designated space in the interpreter's office or home. It is considered best practice to use neutral background and noise cancellation headphones. Video remote interpretation (VRI) should never be done from a vehicle or while driving.
iv. Interpretation should not be done over speakerphone when the interpreter is in a location that does not provide privacy and a quiet, secure environment.
v. Interpreters are not allowed to charge for the use of their own interpreting equipment.
[Pa.B. Doc. No. 21-1981. Filed for public inspection December 3, 2021, 9:00 a.m.]
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