Rule Text
An interpreter is subject to the provisions of these rules relating to qualifications as an expert and to the administration of an oath or affirmation that the interpreter will make a true translation of all communications to and from the person for whom the interpretation is made. In determining whether an interpreter is qualified and impartial, the court shall inquire into and consider the interpreter’s education, certification and experience in interpreting relevant languages; the interpreter’s understanding of and experience in the proceedings in which the interpreter is to participate; and the interpreter’s impartiality. Parties to the proceedings may also question the interpreter concerning the interpreter’s qualifications and impartiality.
Amendment history: (Added by SCO 364 effective August 1, 1979; by SCO 959 effective July 15, 1989)
Committee Notes
This rule builds upon former Rule 43(g) (2) of the Alaska Rules of Civil Procedure which provides that when a witness does not understand and speak the English language, an EV interpreter shall be sworn to interpret for the Limited English Proficient individual. Also, the Alaska Court System will provide an interpreter to a person who is deaf, mute, or otherwise unable to effectively communicate because of a physical disability. The interpreter must be qualified and sworn like any other expert witness. The Alaska Court System provides and pays for interpreters under Administrative Rules 6 and 6.1. Only the interpreter’s oath differs from procedure followed with other witnesses: the interpreter swears or affirms that he or she will interpret accurately, completely, and impartially, using his or hers best skill and judgment. See, e.g., Oath Book II (TF-231). Editor’s Note: In 2020, the commentary was updated to reflect that the Alaska Court System provides and pays for interpreters under Administrative Rules 6 and 6.1. See Administrative Bulletin 82 addressing interpreter fees. The commentary was also updated to reflect current terminology and the current interpreter’s oath.
