Municipal Clerk Manual – Courts without JIS - Chapter 6 - General/Miscellaneous: Interpreters/Translators

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Municipal Clerk Manual – Courts without JIS

		Section/Rule:	6.1
Subject:	Chapter 6 - General/Miscellaneous	Publication / Adopted Date:	October 1996
Topic:	Interpreters/Translators	Revised / Effective Date:	April 2018

Municipal Clerk Manual
Courts without JIS
Chapter Six - General/Miscellaneous

6.1 - Interpreters/Translators

References
Statutes: 476.750, 476.753, 476.756, 476.760, 476.763, 476.766, 476.800, 476.803 and 476.806, RSMo
State Code of Regulations: 5 CSR 100-200.170
Publication: October 1996
Revised: April 2018

Quick Index

Assistive Listening Devices
Certification of Deaf Interpreters
Certification of Foreign Language Interpreters
Clerk’s Duties/Procedures
Deaf or Hard of Hearing Parties, Witnesses and Victims
Limited English Proficient (LEP) Parties or Witnesses
Oath
Payment of Costs for Deaf or Hard of Hearing Auxiliary Aids and Interpretive Services
Payment of Costs for Foreign Language Interpreter
Real-Time Captioner (aka Cart Provider) Sources
Submitting the Invoice to OSCA
Waiver of Right to Auxiliary Aids or Interpretive Services
Waiver of Right to a Foreign Interpreter

Introduction

Title II of the Americans with Disabilities Act (ADA) requires that all state and local governments give people with disabilities an equal opportunity to benefit from all of the government’s programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

Note:

ADA does not require the court to take any action that would fundamentally alter the nature of court programs, services, or activities, or that would impose an undue financial or administrative burden on the courts. If you have questions regarding a request for a particular accommodation, please contact the OSCA Helpdesk at 888-541-4984 and ask to speak to the Access to Justice Specialist.

Deaf or Hard of Hearing Parties, Witnesses and Victims (Section 476.750 – 476.766, RSMo)

The Americans with Disabilities Act (ADA) requires that auxiliary aids or the services of a qualified interpreter must be provided at no cost for any deaf or hard of hearing person appearing before the court or any party who has requested an interpreter or auxiliary aid. The judge hearing the case is responsible for appointing the interpreter from a list of qualified interpreters furnished, upon request, by the Commission for the Deaf and Hard of Hearing or The Office of State Courts Administrator (OSCA) Access to Justice program.

Based on the needs of the person, the court shall provide auxiliary aids or the services of a deaf interpreter when:

1. A deaf person is a party, juror or witness at any stage of a judicial civil or criminal proceeding, or administrative hearing. This includes but is not limited to preliminary hearings, post-conviction proceedings, grand jury proceedings, municipal proceedings, juvenile proceedings, adoption proceedings, parole or probation revocation proceedings or any other special proceedings.

2. A juvenile whose parent, guardian or foster parent or other legally responsible party is deaf and the juvenile is involved in a civil, criminal, or juvenile proceeding, including investigations, interviews or any other proceeding involving the juvenile that is authorized or supervised by the court.

3. A deaf person in a proceeding, who may be sentenced to confinement or criminal sanctions. This includes but not limited to, a coroner's inquest, grand jury proceeding, municipal proceeding, juvenile proceeding or mental health commitment proceeding.

4. A deaf person in a state prison, juvenile detention facility or correctional facility participating in a proceeding concerning his/her well-being or rehabilitation including, but not limited to, disciplinary hearings, parole hearings, psychological evaluation/hearings, administrative hearings, sexual assault prevention programs, counseling, medical care, or on-the-job vocational training or educational programs.

Note:

An oral or written answer, statement, admission or other information shall not be admissible as evidence in a judicial or administrative proceeding if it was obtained from a deaf person who is involuntarily detained or arrested before auxiliary aids or interpreter services are provided. A deaf person, eligible for release, shall not be held in custody just to wait for the arrival of auxiliary aids or interpreter services.

Certification of Deaf Interpreters (Section 476.756, RSMo)

Before auxiliary aids or a qualified interpreter can be assigned, the designated responsible authority and the deaf person shall make a preliminary determination that the qualified interpreter or auxiliary aids are able to interpret effectively, accurately and impartially the statements of the deaf person and interpret the proceedings effectively, accurately and impartially to the deaf person.

Missouri Courts ensure quality interpreter services are provided by requiring all individuals who provide services be certified by the Board for Certification of Interpreters and be licensed by Professional Registration. Individuals are awarded certification based on their final score when rated on interpreting and transliterating skills as assessed by the evaluation team. The permit or certification reflects the individual’s overall maximum skills.

A qualified interpreter is certified as Level 4 (advanced) or Level 5 (comprehensive) by the Missouri interpreter certification system or deemed competent by the Missouri Commission for the Deaf & Hard of Hearing. The skill level is determined by 5 CSR 100-200.170. The interpreter must be able to interpret effectively, accurately, and impartially both receptively and expressively, using any necessary specialized vocabulary.

As the need arises, contact and schedule an interpreter with the appropriate skill level, certification, and license. There are a number of resources, but you always need to confirm a person is appropriately licensed and certified. Resources include: a person or agency you have used in the past; Deaf-Way for video remote interpreting, an individual who has agreed to work in Missouri courts; an agency on the Office of Administration State Contract; or an agency on the flyer provided by the Missouri Commission for the Deaf and Hard of Hearing (MCDHH). A list of certified sign language interpreters is located on the Courts Information Center / Access to Justice / Interpreters and ADA Services / Scheduling and Paying for Services for the Deaf and Hard of Hearing. If someone approaches you offering their services, check the list from MCDHH to make sure they are appropriately certified and check Division of Professional Registration for their license. Go to https://renew.pr.mo.gov/licensee-search.asp to check their license.

Real-Time Captioner (aka Cart Provider) Sources

Some deaf or hard of hearing people cannot communicate through sign language and require the services of a real-time captioner - someone who types out the dialogue for the person to read on a monitor, laptop, or screen. Visit www.ncrasourcebook.com for additional information about this service. This is an appropriate accommodation and must be provided when requested. A list of captioners willing to work in Missouri courts is available on Court Information Center under Access to Justice / Interpreters and ADA Services / Scheduling and Paying for Services for the Deaf & Hard of Hearing or by contacting the OSCA Help Desk.

Assistive Listening Devices

An assistive listening device (ALD) amplifies sounds and reduces background noise for people who are hard of hearing. An ALD has been made available to each circuit. Contact the appropriate presiding judge or circuit clerk to use the equipment. If your circuit's unit is not available, OSCA has a spare that can be shipped to you with at least two business days' notice. Contact the OSCA Help Desk for help in locating the ALD for your circuit or to request the OSCA ALD.

Payment of Costs for Foreign Language Interpreter (Section 476.806, RSMo)

Section 476.760, RSMo authorizes payment of fees and expenses for auxiliary aids and services of those who serve in a court proceeding from funds appropriated to the Office of State Courts Administrator. At no time shall a person requesting the accommodation assume any portion of the cost for services. The following chart lists the services the court may invoice OSCA for. http://www.courts.mo.gov/file.jsp?id=56422. Refer to the chart on the Courts website for the most up to date information.

Send Invoice to:
Proceeding	OSCA	Attorney	Agency Providing Program	Misc.	Court
Attorney-Client Conferences		X
Child Abuse and Neglect	X
Civil Hearing or Trial	X
Counseling			X
Court Ordered Mediation					X
Criminal Hearing or Trial (including mental health proceedings)	X
Driving School			X
Grand Jury Proceeding	X
Jail Meetings				County or Attorney
Juvenile and Family Court Proceedings	X
Mental Health	X
Municipal Division Hearing	X
Parenting Classes			X
Parole/Probation Revocation Hearing	X
Post-conviction Proceeding	X
Preliminary Hearing	X
Pre-trial Conference	X
Probate	X
SATOP			X
Sentencing Hearing	X
Settlement Conference	X
Visitation Between Parent/Guardian and Child				DSS/DFS
Voir Dire Jury	X

Courts must send the original interpreter or service provider invoice with a completed Request for Interpreter/Translator Payment/Reimbursement (GN65) form, with an original judge’s signature, to the following address for payment:

Office of State Courts Administrator

Access to Justice Program

P.O. Box 104480

Jefferson City, MO 65110

A Request for Interpreter/Translator Payment/Reimbursement (GN65) form is at the end of this section.

Oath

The following is a sample oath which may be used when swearing in sign language interpreters:

"Do you solemnly swear (or affirm), that you will properly give and interpret the testimony given in this case by the witness, from the speaking language into the sign language, and from sign language to the speaking language, to the best of your ability?"

Waiver of Right to Auxiliary Aids or Interpretive Services (Section 476.760, RSMo)

If a deaf or hard of hearing person wishes to waive their right to auxiliary aids and interpretive services the person shall knowingly and voluntarily sign a written waiver. The waiver has to be signed by the person’s attorney. If the person has no attorney then the waiver has to be approved by the designated responsible authority. The deaf or hard of hearing person’s failure to request interpreter services or auxiliary aids are not assumed to be a waiver of their right to assistance.

A copy of the Waiver of Right to Auxiliary Aids/ Interpretive Services/Translator Services by the Hearing Impaired or Limited English Proficiency (LEP) Person (GN20) form is at the end of this section.

Limited English Proficient (LEP) Parties or Witnesses (Sections 476.800 – 476.806, RSMo)

Title VI of the Civil Rights Act of 1964 prohibits discrimination based on national origin. Recipients of federal assistance (including local governments) must ensure that Limited English Proficient (LEP) parties receive competent language services in order to communicate effectively. State or local "English-only" laws do not relieve an entity that receives federal funding from its responsibilities under federal anti-discrimination laws.

When a Limited English Proficiency party (party cannot understand or speak English well enough to be conversant or understood in an interrogation or a court proceeding) is involuntarily detained or arrested, the judge shall appoint a qualified interpreter as soon as possible before any interrogation or proceedings occur. The judge may wish to informally interview the interpreter to assure the interpreter is unbiased and readily able to provide a complete and accurate interpretation/translation of English and non-English statements without summarizing, changing or omitting anything.

Certification of Foreign Language Interpreters (Section 476.803, RSMo)

Section 476.803, RSMo states, "The courts shall appoint qualified interpreters and translators in all legal proceedings in which the non-English speaking person is a party or a witness.”

As a member of the Council of Language Access Coordinators (CLAC), administered by the National Center for State Courts, Missouri uses certified foreign language interpreters. These interpreters have passed a proficiency test so that they can fully participate in court proceedings. Certified interpreters are trained professional who will not edit, omit or summarize any statements. They will maintain the register and style of the speaker. They understand they are an officer of the court and will impartially interpret the proceedings.

A list of certified and registered interpreters is located on Court Information Center under Access to Justice / Interpreters and ADA Services / Scheduling and Paying for Services for Foreign Language Interpreters on the Judiciary website (www.courts.mo.gov) under “ Rules & Resources, ADA and Court Interpreters”, or by contacting the OSCA Access for Justice Program at:

Office of State Courts Administrator

Access to Justice Program

P.O. Box 104480

Jefferson City, MO 65110

Phone: 888-541-4894

Fax: (573) 522-6152

Payment of Costs for Foreign Language Interpreter (Section 476.806, RSMo)

Section 476.806, RSMo provides foreign language interpreters and translators be allowed a reasonable fee approved by the court and necessary travel expense not to exceed state rates. Interpreters shall not be compensated for travel time.

While Section 476.806.3, RSMo allows for the taxing of the costs of foreign language interpreters, it may conflict with federal law requiring the court to provide persons with limited English proficiency meaningful access to services. OSCA recommends that costs not be taxed to the parties and the costs be billed to the municipality.

To assist the court in determining how foreign language interpreter costs should be paid while maintaining compliance with federal and state regulations, the following chart lists the services the court may invoice OSCA for. http://www.courts.mo.gov/file.jsp?id=56422. Refer to the chart on the Courts website for the most up to date information.

Send Invoice to:
Proceeding	OSCA	Attorney	Agency Providing Program	Misc.	Court
Attorney-Client Conferences		X
Child Abuse and Neglect (including pre-trial and settlement with judge)					X
Civil Hearing or Trial (includes paternity actions)					X
Counseling			X
Criminal Hearing or Trial (including pre-trial, settlement with judge, mental health, PCR, civil commitments & competency hearings that impact criminal case)	X
Driving School			X
Grand Jury Proceeding	X
Jail Meetings				County or Attorney
Juvenile (proceeding before judge/JO or confinement is possible, includes drug court)	X
Mental Health (if commitment hearing or competency hearing impacting criminal case)	X
Municipal Division Hearing (if it’s a criminal offense)	X
Parenting Classes			X
Parole/Probation Revocation Hearing	X
Post-conviction Proceeding	X
Preliminary Hearing	X
Pre-trial Conference (not before a judge)					X
Pre-trial Conference (before a judge)	X
Probate					X
SAR			X
SATOP			X
Sentencing Hearing	X
Settlement Conference					X
Termination of parental rights	X
Treatment Court (juvenile & adult)	X
Visitation Between Parent/Guardian and Child				DSS/DFS
Voir Dire Jury (for defendant)	X (Criminal)				X (Civil)

The contractor shall be paid the applicable prices for services actually provided.

a. The contractor shall be paid on an hourly basis for which services have been provided. The hourly price shall begin at the scheduled time of the interpreting assignment as requested and authorized by the court, (provided the interpreter is present at the scheduled time), and shall be prorated to the quarter hour to correspond to the actual time of delivered service. The applicable hourly price chargeable shall be based on the time for the assignment of service.

b. In the event the contractor’s services are required for less than two hours for attending any scheduled interpreting assignment as requested and authorized by a court the contractor shall be paid for two hours of service.

c. In the event fewer hours of service are provided than originally requested by the court, the contractor shall be paid as follows:

If eight hours or less service are requested and provided, the contractor shall be paid for the amount of service requested.

(For example, if the

contractor is scheduled for 7 hours and are dismissed after anything less than 7 hours, OSCA will reimburse for 7 hours, unless assignment is cancelled with at least 24 hours’ notice.)

If more than eight hours of service are requested but eight hours or less are provided, the contractor shall be paid for eight hours.

(For example, if the

contractor is scheduled for a two day trial, but dismissed after 8 hours or

less OSCA will reimburse for 8 hours.)

If more than eight hours of service are provided, the contractor shall be paid for the actual number of hours of service provided.

d. Upon completion of the specific interpreting assignment, the contractor shall invoice the court which has received the service. The invoice must include the name(s) of the interpreter(s) providing service, the type of interpretation provided, the number of hours of service provided by each interpreter and an invoice number.

Cancellation fees
a. In-state contractors

In the event an assignment is cancelled by the court with at least 24 hours' notice (excluding weekends and holidays) of a cancellation or rescheduling to the contractor, no payment is due.

In the event an assignment scheduled for one day is cancelled by the court less than 24 hours' notice (excluding weekends and holidays) of the cancellation, the contractor shall be paid for two hours of service.

In the event an assignment scheduled for more than one day is cancelled by the court with less than 24 hours' notice (excluding weekends and

holidays), the contractor shall be paid for two hours for each day the contractor was scheduled.

In the event an interpreter arrives as scheduled but the court releases them without anything interpreted, OSCA will reimburse the contractor for two hours of service plus expenses incurred.

b. Out-of-state contractors

In the event an assignment is cancelled by the court with at least 7 days notice of a cancellation or rescheduling to the contractor, no payment is

due.

In the event an assignment is cancelled by the court with less than 7 days notice of the cancellation, the contractor shall be paid for non-refundable

expenses incurred and two hours for each day the contractor was scheduled.

Travel and Related Expenses

a. The contractor shall invoice and be reimbursed for actual and reasonable travel related expenses pursuant to the OSCA Contractor Travel policy. The OSCA Contractor Travel policy may be reviewed at

http://www.courts.mo.gov/file.jsp?id=37235

In addition; it is the contractor’s responsibility to review the contractor travel policy as state rates are subject to change during the contract period.

b. Travel time is not compensated; however, mileage is reimbursed at the state rate. To be reimbursed, all claims for mileage reimbursement must be itemized.

Miscellaneous Provisions

a. In the event the contractor is asked to interpret an event for more than two hours, the court needs to schedule a second contractor to allow for breaks.

b. Contractors should always check in and out with the court designated point of contact so they know that the contractor has arrived or departed as scheduled.

c. OSCA does not pay for time a contractor spends interpreting for an attorney client conference outside a court proceeding or translating a form outside a court proceeding. If a contractor is asked to do those things, the contractor must advise the requester that time will be billed separately to them.

d. Contractors may check the status of reimbursement, at the following website:

https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx

. If payment cannot be found, contractors may contact the OSCA Fiscal Office at 573-751-4377.

e. Assignment is defined as a request for interpreter services regardless how many days services are needed or how many cases will be heard during that time. (For example, an assignment may be one day or three days.)

Court Responsibilities

a. The court is responsible for scheduling interpreters.

b. The court must notify the interpreter of the scheduled assignment.

c. The court must communicate the terms of the assignment in accordance with this policy. This includes notifying the interpreter before the assignment is accepted of the payment and cancellation terms of this policy.

NOTE: If interpreter is unwilling to accept these terms, the court must

inform them that we cannot do business with them. Court must then

locate another interpreter.

d. The court is responsible for paying any fees incurred that are not consistent with this policy.

e. The court must complete the OSCA Form

GN65

(Request for Interpreter Payment/Reimbursement), not the contractor. Once the court completes Form

GN65

, and obtains the judge’s signature on the form, it shall be forwarded to OSCA with the contractor’s invoice and receipts.

Oath (Section 476.803, RSMo)

An interpreter shall take an oath that he or she will make a true interpretation to the party or witness in a language that the party or witness understands and that he or she will make a true interpretation of the party or witness' answers to questions to the attorney, court, or jury, in the English language, with his or her best skill and judgment. The interpreter shall not give explanations or legal advice or express personal opinions.

The following is a sample oath which may be used when swearing in foreign language interpreters:

“Do you solemnly swear you will interpret accurately, completely and impartially, using your best skill and judgment in accordance with the standards prescribed by law and the Code of Professional Conduct for Interpreters, follow all official guidelines established by this court for legal interpreting and translating, and discharge all of the solemn duties and obligations of legal interpretation and translation?”

Waiver of Right to a Foreign Interpreter (Section 476.803, RSMo)

Limited English Proficiency (LEP) persons may waive their right to a qualified interpreter anytime during the court proceeding after the court has advised the person of the consequences of waiving their right. The waiver must be made in writing and state that it was made “knowingly, intelligently, and voluntarily.” The person may retract the waiver at any time and a qualified interpreter shall be appointed.

A Waiver of Right to Auxiliary Aids/ Interpretive Services/Translator Services by the Hearing Impaired or Limited English Proficiency (LEP) Person (GN20) form is at the end of this section.

Clerk’s Duties/Procedures

1. Date file stamp any motion or written request for auxiliary aids or for the appointment of an interpreter.

Note:

A request for auxiliary aids or an interpreter may be made verbally. A verbal or written request for interpreter services should be processed in the same manner as a motion.

2. Make a note on the record of the date the motion or request was received and if a written motion or request was received, place the document in the case file.

3. Determine the auxiliary aid or language/dialect interpreter needed and select a service provider using the applicable list of qualified interpreters:

3.1 For the Hearing Impaired:

Court Information Center under Access to Justice / Interpreters and ADA Services / Scheduling and Paying for Services for the Deaf & Hard of Hearing

3.2 For Limited English Proficiency:

§ Court Information Center under Access to Justice / Interpreters and ADA Services / Scheduling and Paying for Services for the Foreign Language Interpreters

Note:

Do not use an agency that does not list your county as their service area. Travel charges apply and OSCA is unable to pay those fees per Section

476.806

, RSMo.

Prior to the Proceeding

1. Notify the provider of the following:

1.1 The interpreter will need to do both simultaneous and consecutive interpreting;

1.2 Date and time the proceeding starts and how long the assignment will last;

1.3 Type of case, the case number and name(s);

1.4 Provide copies of requested information that will help the interpreter prepare;

1.5 Confirm fees, allowable expenses (mileage at the state rate, parking with receipts, and meals not to exceed the state rates if in travel status 12 hours or more);

1.6 The state’s cancellation policy (see

Cancellation Policy

in this section); and

1.7 Confirm and advise the interpreter where and who to report to upon arrival and departure.

2. Notify the OSCA Access to Justice Program staff if overnight lodging is required.

Note:

If you schedule services at rates that exceed what OSCA can pay, your court will have to use its funds to pay the difference.

3. Notify the parties who will be interpreting. Notify the parties to inform you immediately of any change in plans as soon as possible so you can notify the interpreter and avoid the court being charged cancellation fees.

3.1 Note on the record who the interpreter will be.

Day of the Proceeding

1. Record the interpreter’s arrival and departure time (including lunch break) to compare to the invoice for services.

2. Provide the judge with the oath.

After the Proceeding

1. Complete the Request for Interpreter/Translator Payment/Reimbursement (GN65) form to have any applicable interpreter fees paid by the Office of State Courts Administrator.

1.1 Have the judge sign the completed form.

1.2 Mail the completed form to:

Office of State Courts Administrator

Access to Justice Program

P.O. Box 104480

Jefferson City, MO 65110

3. File documents in the case file.

4. Proceed with normal case processing.

Waiver of Rights to Services Received

1. Date file stamp the waiver of right to auxiliary aids/interpreter (GN20).

2. Make note in record of the date the request was received.

3. File the document in the case file.

4. Proceed with normal case processing.

Forms
GN20 Waiver of Right to Auxiliary Aids/ Interpretive Services/Translator Services by the Hearing Impaired or Limited English Proficiency (LEP) Person
GN65 Request for Interpreter/Translator Payment/Reimbursement