By Stacy Westra, Management Analyst, SCAO,
Trial Court Services
Many people don’t realize it, but it is a reality that trial
courts have established relationships with foreign language interpreters in
their geographic locations. These
relationships have grown over time and, absent any outside challenge, continue
today. This is despite MCR 8.127(C)
requiring all foreign language interpreters who are certified, qualified, and
qualified employees to register with the State Court Administrative Office
(SCAO).
Registration of foreign language interpreters, who meet the standards identified in MCR 1.111, with SCAO has been a requirement since 2013 and allows them the privilege of working in court proceedings. Registration is the process by which a judge can be certain of an interpreter’s competency level and can quickly move towards appointment or replacement as needed. The following are the reasons why you want to use a registered interpreter:
Why You Want A Registered
Interpreter
Reason
|
How It’s Done
|
Quickly
Identifiable Registration
|
Registration
card issued annually by SCAO
|
Background
Check
|
Administered
annually by SCAO at registration
|
Annual
Continuing Education Hour (CEH) Requirements
|
10
CEHs are required per year and are tracked by SCAO
|
Certified
– Passes three-part oral-language-specific exam, legal terminology, and
English examination
|
Administered
by SCAO; use of nationally-recognized and accepted test materials
|
Qualified
– Passes legal terminology and English examination
|
Administered
by SCAO; use of nationally-recognized and accepted test materials
|
Foreign
Language Board of Review
|
Enforcement
of standards and address of grievances to maintain quality of individual and
firm interpreters
|
Foreign
Language Interpretation Firms
|
Registered
firms offer technology based opportunities for emergency hearings and access
to languages rare to your geographic area
|
Professional
Code of Conduct
|
Registered
interpreters must adhere to the interpreter’s Code of Conduct or go before
the Foreign Language Board of Review
|
The requirements tracked by SCAO for foreign
language interpreters give the trial courts a preliminary method by which to
vet the quality of foreign language interpreters who provide a very important
skill at a critical time to the court and litigant.
If your trial court is using an unregistered interpreter, it may
be that the interpreter is not adequately skilled. Using a registered interpreter takes some of
the guesswork out of foreign language interpreter appointment and gives a level
of assurance to the judge that a person with a known level of knowledge and
professionalism is performing the task.
The appointment of a registered foreign language interpreter
does not negate the need to voir dire
all interpreters in certain circumstances.
This chart was provided in the September 2016 issue of “Connections”
newsletter, in an article about voir dire.
Voir Dire Chart
Type of Interpreter
|
Skill (Competency)
|
Conflicts of Interest
|
Certification Plan Filed with Regional
Office
|
Certified
|
N
|
Y
|
N
|
Qualified
|
Y
|
Y
|
N
|
Non-certified/Non-qualified
|
Y
|
Y
|
N
|
Employee
|
Y, if less than
certified
|
Y
|
Y, if less than
certified
|
Firm Interpreters
|
Y, regardless of
certification
|
Y
|
N
|
An entire list of registered certified and qualified individual
interpreters and interpreter firms is located at Registered Interpreter List for your use.
An excellent resource for foreign language interpreters and information
about the process is the Language Access Coordinator in your court. If you do not know the name of your court’s
Language Access Coordinator, the name can be found on your court’s trial court
directory. The directory can be found by clicking this link Trial Court Directory, then click on your County and then Language Access Coordinators. Their contact information is in the drop down
list including their name.
For further information on this topic, you may contact Stacy
Westra at TrialCourtServices@courts.mi.gov or 517-373-9574.