Local Rule LCrR 28: INTERPRETERS

LCrR 28 INTERPRETERS a. Responsibility for Obtaining. When interpreters are required in criminal proceedings or in civil proceedings initiated by the United States, the Clerk of Court will obtain the services of certified or otherwise qualified interpreters, except the United States Attorney must obtain the services of such interpreters for government witnesses. In all other cases, a party requiring the services of an interpreter must obtain interpreting services.

b. List of Interpreters. The Clerks of Court have a list of SDIA and NDIA interpreters who have been certified by the Director of the Administrative Office of the United States Courts and will make the list available to interested persons upon request.

c. Grand Jury. The government must make and preserve an electronic sound recording of any part of any grand jury proceedings in which an interpreter is used. The government may destroy any such sound recording after a period of 5 years from the making of the recording.

d. Confidentiality. Court interpreters must comply with all statutory requirements of confidentiality and secrecy and must protect all privileged and confidential information. Court interpreters must not disclose to anyone information of a confidential nature obtained while performing interpreting duties during or relating to proceedings in the court unless ordered to do so by the court.

e. Conflicts. Court interpreters must disclose promptly to the court and to the parties any apparent or actual conflict of interest, including any prior involvement with the case or with persons significantly involved in the case.

f. Advice. A court interpreter must refrain from giving advice of any kind to any party or individual involved in court proceedings for which the interpreter has been engaged to perform interpreting services.

g. Opinions. A court interpreter must not publicly express an opinion concerning court proceedings for which the interpreter has been engaged to perform interpreting services.

h. Notification by Clerk of Court. The Clerk of Court will notify interpreters of the requirements of this rule by providing a copy of the rule to each interpreter upon his or her first appearance in court proceedings in this district. This requirement does not apply to telephone interpreters supplied to the court by the Telephone Interpreting Program. (See LCrR 28(i)).

i. Certified Telephone Interpreters. In criminal cases, the court may use certified interpreters supplied by the Telephone Interpreting Program sponsored by the Administrative Office of the United States Courts. Any objection to the use of such an interpreter must be made before the commencement of the proceeding being interpreted.