Supreme Court of Missouri
en banc
October 15, 2018
Effective January 1, 2019
Effective January 1, 2019
In re:
(1) Repeal of the title of Court Operating Rule 19, entitled "Court Reporters," and in lieu thereof adoption of a new title of Court Operating Rule 19, entitled "Court Reporters and Foreign Language Court Interpreters or Translators."
(2) Adoption of a new subdivision 19.04, entitled "Foreign Language Court Interpreters or Translators," of Court Operating Rule 19, entitled "Court Reporters and Foreign Language Interpreters or Translators."
ORDER
1. It is ordered that effective January 1, 2019, the title of Court Operating Rule 19 be and the same is hereby repealed and a new title for Court Operating Rule 19 adopted in lieu thereof to read as follows:
COURT OPERATING RULE 19 COURT REPORTERS AND FOREIGN LANGUAGE COURT INTERPRETERS OR TRANSLATORS
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2. It is ordered that effective January 1, 2019, subdivision 19.04 of Court Operating Rule 19 be and the same is hereby adopted to read as follows:
COURT OPERATING RULE 19.04 FOREIGN LANGUAGE COURT INTERPRETERS OR TRANSLATORS
(a) Definitions.
(b) Appointments. When an interpreter or translator is required by law, courts should appoint a certified or registered interpreter or translator first; if none are reasonably available courts may appoint a qualified interpreter or translator.
(c) Inquiry as to qualifications of an interpreter or translator. Before appointing an interpreter or translator who is not certified or registered, inquiry should be made on the record by the court to assure the prospective appointee is qualified by inquiring to determine qualifications, including lack of bias, and instructing the prospective appointee to do simultaneous and consecutive interpreting without summarizing or paraphrasing. It is recommended courts not use friends, children, relatives, parties to the case, social workers, victim advocates, law enforcement officers, or attorneys as interpreters or translators during court proceedings.
(d) Professional responsibility and oath. An interpreter or translator, whether certified, registered, or qualified, shall deliver services in a manner faithful to all canons of the code of professional responsibility, court rules, and policies, and to affirm this obligation under oath. The oath shall be in substantially the form as follows: "I [Name] do solemnly swear that I will interpret or translate accurately, completely and impartially, using my best skill and judgment in accordance with the standards prescribed by law and the code of ethics for a court interpreter or translator, following all official guidelines established by this court for legal interpreting and translating, and discharging all of the solemn duties and obligations of legal interpretation and translation."
(e) Revoking appointments. Courts may revoke the appointment of an interpreter or translator, including for a violation of the code of professional responsibility or court rules and policies.
(f) Complaints. Complaints concerning an interpreter or translator should be directed to the Missouri Office of State Courts Administrator's Access to Justice Program.
(a) Definitions.
(1) A "qualified interpreter or translator" is an impartial and unbiased person who is readily able to render a complete and accurate interpretation or translation of spoken and written English for non-English speaking persons and of non-English oral or written statements into spoken English.
(2) A "certified interpreter or translator" has passed a written exam as well as an oral certification exam in English and a foreign language.
(3) A "registered interpreter or translator" has passed an English written exam and an oral proficiency interview in English and a foreign language as no oral certification exam exists for their foreign language.
(2) A "certified interpreter or translator" has passed a written exam as well as an oral certification exam in English and a foreign language.
(3) A "registered interpreter or translator" has passed an English written exam and an oral proficiency interview in English and a foreign language as no oral certification exam exists for their foreign language.
(b) Appointments. When an interpreter or translator is required by law, courts should appoint a certified or registered interpreter or translator first; if none are reasonably available courts may appoint a qualified interpreter or translator.
(c) Inquiry as to qualifications of an interpreter or translator. Before appointing an interpreter or translator who is not certified or registered, inquiry should be made on the record by the court to assure the prospective appointee is qualified by inquiring to determine qualifications, including lack of bias, and instructing the prospective appointee to do simultaneous and consecutive interpreting without summarizing or paraphrasing. It is recommended courts not use friends, children, relatives, parties to the case, social workers, victim advocates, law enforcement officers, or attorneys as interpreters or translators during court proceedings.
(d) Professional responsibility and oath. An interpreter or translator, whether certified, registered, or qualified, shall deliver services in a manner faithful to all canons of the code of professional responsibility, court rules, and policies, and to affirm this obligation under oath. The oath shall be in substantially the form as follows: "I [Name] do solemnly swear that I will interpret or translate accurately, completely and impartially, using my best skill and judgment in accordance with the standards prescribed by law and the code of ethics for a court interpreter or translator, following all official guidelines established by this court for legal interpreting and translating, and discharging all of the solemn duties and obligations of legal interpretation and translation."
(e) Revoking appointments. Courts may revoke the appointment of an interpreter or translator, including for a violation of the code of professional responsibility or court rules and policies.
(f) Complaints. Complaints concerning an interpreter or translator should be directed to the Missouri Office of State Courts Administrator's Access to Justice Program.
3. The state courts administrator shall provide copies of this order to every presiding circuit court judge, circuit clerk, and such other persons as the administrator deems appropriate.
4. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
5. It is ordered that this order be published in the South Western Reporter.
Day - to - Day
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ZEL M. FISCHER
Chief Justice
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ZEL M. FISCHER
Chief Justice