Scheduling and Paying for Foreign Language Interpreters
Scheduling and Paying for Foreign Language Interpreters
Interpreting requires much more than being bilingual. When a defendant is limited English proficient (LEP), an interpreter must be able to simultaneously interpret everything said in court without summarizing or paraphrasing so that the defendant knows what witnesses and attorneys say, as well as what the judge says – putting them on equal footing as an English speaker. The interpreter who interprets for an LEP witness must have the notetaking and memory skills to retain everything said and then interpret it when the speaker pauses. These skills do not come naturally to the bilingual person – they require training and development.
Per Section 476.803, RSMo, when a party does not speak or understand the English language, the courts shall appoint a qualified interpreter as soon as possible. Section 476.800, RSMo defines “qualified” as an “impartial and unbiased person who is readily able to render a complete and accurate interpretation.” Using family members, friends, parties to a case, other offenders, bilingual staff or attorneys is not appropriate. These are not neutral resources and they do not have the skills to interpret completely and accurately, as required of a qualified interpreter.
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color and national origin in programs receiving federal financial assistance. The Civil Rights Division of the U.S. Department of Justice is exercising its clearance authority in a renewed effort to ensure enforcement of Title VI.
Recognizing that interpreting is an acquired skill – not something that all bilingual persons can do – the Office of State Courts Administrator belongs to the Consortium for Language Access in the Courts (Consortium) and follows the Consortium model and best practices for interpreter certification. As a result, qualified interpreters are available for you to schedule.
Registry of Certified Foreign Language Interpreters
The Court Interpreter Certification Program consists of three phases and everyone interpreting in the courts (or considering this profession) is strongly encouraged to participate in the program so that they know what is expected.
Successful candidates have:
This list provides contact information for the certified interpreters who have tested in Missouri and currently are available. If you do not see an interpreter in the language you need for a criminal proceeding, we can attempt to bring in qualified interpreters from other states upon your request. Contact the Access to Justice Program as soon as possible.
Please encourage interpreters you use to work toward achieving certification so they know what is expected and you know if they are qualified. Share this schedule of foreign language certification events for the current fiscal year.
Working with Interpreters
To provide qualified interpreters, you need adequate notice. Remind attorneys and ask law enforcement and the jail to notify you when they arrest an LEP person. Best practices include recording the need for an interpreter in the file/record for future reference. Charging an “emergency fee” for assignments scheduled without at least 24 hours notice is becoming more common among agencies and independent contractors.
Responding to a Request for an Interpreter
When you receive a request for an interpreter (or if you note previous interpreter usage in the file or the automated system when scheduling a proceeding):
Interpreting requires much more than being bilingual. When a defendant is limited English proficient (LEP), an interpreter must be able to simultaneously interpret everything said in court without summarizing or paraphrasing so that the defendant knows what witnesses and attorneys say, as well as what the judge says – putting them on equal footing as an English speaker. The interpreter who interprets for an LEP witness must have the notetaking and memory skills to retain everything said and then interpret it when the speaker pauses. These skills do not come naturally to the bilingual person – they require training and development.
Per Section 476.803, RSMo, when a party does not speak or understand the English language, the courts shall appoint a qualified interpreter as soon as possible. Section 476.800, RSMo defines “qualified” as an “impartial and unbiased person who is readily able to render a complete and accurate interpretation.” Using family members, friends, parties to a case, other offenders, bilingual staff or attorneys is not appropriate. These are not neutral resources and they do not have the skills to interpret completely and accurately, as required of a qualified interpreter.
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color and national origin in programs receiving federal financial assistance. The Civil Rights Division of the U.S. Department of Justice is exercising its clearance authority in a renewed effort to ensure enforcement of Title VI.
Recognizing that interpreting is an acquired skill – not something that all bilingual persons can do – the Office of State Courts Administrator belongs to the Consortium for Language Access in the Courts (Consortium) and follows the Consortium model and best practices for interpreter certification. As a result, qualified interpreters are available for you to schedule.
Registry of Certified Foreign Language Interpreters
The Court Interpreter Certification Program consists of three phases and everyone interpreting in the courts (or considering this profession) is strongly encouraged to participate in the program so that they know what is expected.
- Phase I is a criminal history check and a two-day orientation covering ethics and professionalism, court protocol and legal terminology, and interpreting skills building.
- Phase II is a written test (multiple-choice) of English proficiency, legal terminology and court protocol, and the code of ethics. This test also has a translation section from English to their other language.
- Phase III is an oral proficiency exam that tests one’s abilities in sight translation, consecutive interpreting and simultaneous interpreting. Full oral proficiency exams are currently available in Arabic, Cantonese, French, Haitian Creole, Hmong, Ilocano, Korean, Laotian, Mandarin, Polish, Portuguese, Russian, Somali, Spanish, Tagalog and Vietnamese. Abbreviated exams are available in Bosnian/Croatian/Serbian (simultaneous only), and Turkish (simultaneous only). Certification is granted to individuals who obtain a score of 70 percent or higher on each mode of interpreting and sight translation.
Successful candidates have:
- A native-like ability to speak and understand both English and another language, having an extensive knowledge of the vocabularies and dialects.
- An ability to interpret everything in a court proceeding without deleting, adding, paraphrasing or changing anything.
- An ability to perform three modes of interpretation: sight, consecutive and simultaneous.
- Knowledge of court protocol, a willingness to follow the judiciary’s policies and the interpreters Code of Professional Responsibility, and an understanding of our justice system.
This list provides contact information for the certified interpreters who have tested in Missouri and currently are available. If you do not see an interpreter in the language you need for a criminal proceeding, we can attempt to bring in qualified interpreters from other states upon your request. Contact the Access to Justice Program as soon as possible.
Please encourage interpreters you use to work toward achieving certification so they know what is expected and you know if they are qualified. Share this schedule of foreign language certification events for the current fiscal year.
Working with Interpreters
To provide qualified interpreters, you need adequate notice. Remind attorneys and ask law enforcement and the jail to notify you when they arrest an LEP person. Best practices include recording the need for an interpreter in the file/record for future reference. Charging an “emergency fee” for assignments scheduled without at least 24 hours notice is becoming more common among agencies and independent contractors.
Responding to a Request for an Interpreter
When you receive a request for an interpreter (or if you note previous interpreter usage in the file or the automated system when scheduling a proceeding):
1. Determine the language/dialect. Not everyone from Mexico speaks Spanish.
2. Determine the anticipated length of the proceeding and schedule two interpreters if the interpreting will be longer than two hours.
3. If multiple cases are scheduled to begin at the same time, attempt to have the case needing an interpreter heard first so the interpreter(s) does not waste time waiting on a case and billing for time spent waiting. If the case cannot be heard first, try to find out the approximate time that the case will be heard and schedule the interpreter(s) to arrive closer to that time.
4. Contact a qualified interpreter or consider telephone interpreting for a short proceeding. (See Telephone Interpreting). If a certified interpreter is not available, please refer to the State Contract for Foreign Language Interpreters and the contracts entered into by OSCA.
2. Determine the anticipated length of the proceeding and schedule two interpreters if the interpreting will be longer than two hours.
3. If multiple cases are scheduled to begin at the same time, attempt to have the case needing an interpreter heard first so the interpreter(s) does not waste time waiting on a case and billing for time spent waiting. If the case cannot be heard first, try to find out the approximate time that the case will be heard and schedule the interpreter(s) to arrive closer to that time.
4. Contact a qualified interpreter or consider telephone interpreting for a short proceeding. (See Telephone Interpreting). If a certified interpreter is not available, please refer to the State Contract for Foreign Language Interpreters and the contracts entered into by OSCA.
a. 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.
b. Do not use Contreras Enterprises (listed on the Notification of Statewide Contract) as the owner does not meet our standards.
c. Advise the agency that you are scheduling per the contract and need someone who can do both simultaneous and consecutive interpreting.
5. Provide the following information:
a. Date and time the proceeding starts and how long the assignment will last.
b. Type of case, the case number and name(s). Provide copies of requested information that will help the interpreter prepare.
c. 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), and the cancellation policy (see below). IF YOU SCHEDULE SERVICES AT RATES THAT EXCEED WHAT OSCA CAN PAY, YOU WILL HAVE TO USE OTHER FUNDS TO PAY THE DIFFERENCE.
6. Confirm and advise the interpreter where and who to report to upon arrival and departure.
7. Contact the Access to Justice Program staff if overnight lodging is required.
8. Advise appropriate persons who will be interpreting and note in docket entries. Advise everyone to inform you immediately of any change in plans as soon as they know so you can notify the interpreter. This enables the interpreter to accept other assignments and avoids the court being charged cancellation fees.
c. Advise the agency that you are scheduling per the contract and need someone who can do both simultaneous and consecutive interpreting.
5. Provide the following information:
a. Date and time the proceeding starts and how long the assignment will last.
b. Type of case, the case number and name(s). Provide copies of requested information that will help the interpreter prepare.
c. 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), and the cancellation policy (see below). IF YOU SCHEDULE SERVICES AT RATES THAT EXCEED WHAT OSCA CAN PAY, YOU WILL HAVE TO USE OTHER FUNDS TO PAY THE DIFFERENCE.
6. Confirm and advise the interpreter where and who to report to upon arrival and departure.
7. Contact the Access to Justice Program staff if overnight lodging is required.
8. Advise appropriate persons who will be interpreting and note in docket entries. Advise everyone to inform you immediately of any change in plans as soon as they know so you can notify the interpreter. This enables the interpreter to accept other assignments and avoids the court being charged cancellation fees.
The contracts do not constitute an endorsement by OSCA or qualifications of the service providers. NONE OF THE AGENCIES HAVE CERTIFIED INTERPRETERS. The lists only acknowledge their agreements to provide interpreting services at set fees. When scheduling with an agency, compare pricing in your service area. Do not use Contreras Enterprises. They do not meet our standards. → Foreign Language Interpreter Contract
The Day of the Proceeding
The day of the event, record the interpreter’s arrival and departure time (including lunch break) to compare to the invoice for services. Provide the judge with the voir dire questions to determine qualifications (if using a non-certified interpreter) and absence of bias, along with the oath.
Voir Dire
When using an uncertified interpreter, it is important that the judge establish on the record that the proposed interpreter is qualified and unbiased. Asking questions like the following establish their credentials:
A non-certified interpreter who has not been through orientation likely will not know what they are allowed to do or what they cannot do. If the court decides to proceed with an inexperienced and untrained individual, it is important they:
Oath
All interpreters should swear an "Oath of Interpretation" for each proceeding:
"Do you solemnly swear that 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 ethics for court interpreters, follow all official guidelines established by this court for legal interpreting or translating, and discharge all of the solemn duties and obligations of legal interpretation and translation?”
If you have concerns about the performance or professionalism of any interpreter, please notify the Access to Justice Program in writing and we will follow up.
Processing the Request for Payment
The legislature appropriates a limited amount of money to OSCA each fiscal year to fund reasonable and necessary fees/expenses for foreign language interpreters used in criminal proceedings (Section 476.806, RSMo). This table shows who gets the bill and who pays for various types of events.
Invoicing
The interpreter shall be paid on an hourly basis and charging a two-hour minimum is the standard practice by agencies and certified interpreters. The hourly price begins 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 interpreter bills the court of assignment (handwritten invoices are discouraged) and the invoice must contain the following information:
Additional allowable expenses:
Procedures for Payment
Submitting Invoice to OSCA
If interpreting services are for a proceeding allowable by Section 476.806, RSMo, the court shall review the invoice for accuracy and allowable charges and send the original invoice with a GN65 (Request for Interpreter Payment) completed by the court to OSCA for payment. The GN65 must have an original signature (or a raised seal if the form is a copy) certifying the fees were necessary and are reasonable. The form also is available in the Court Clerk’s Handbook.
Mail completed forms to:
Office of State Courts Administrator
Access to Justice Program
2112 Industrial Drive
P.O. Box 104480
Jefferson City, MO 65110
Question about Payment
Please refer questions concerning the processing of a request for payment to the Office of State Courts Administrator Fiscal Section at (573) 751-4377.
The Day of the Proceeding
The day of the event, record the interpreter’s arrival and departure time (including lunch break) to compare to the invoice for services. Provide the judge with the voir dire questions to determine qualifications (if using a non-certified interpreter) and absence of bias, along with the oath.
Voir Dire
When using an uncertified interpreter, it is important that the judge establish on the record that the proposed interpreter is qualified and unbiased. Asking questions like the following establish their credentials:
- Have you ever had your interpreting skills evaluated? If so, by whom and how did you score?
- Tell me about the Code of Professional Ethics for Court Interpreters.
- What is your native language and how did you learn your second language?
- What training have you had as an interpreter?
- How did you learn legal terminology in both languages?
- Tell me about your experience interpreting simultaneously.
- Tell me about your experience interpreting consecutively.
- Tell me about your court interpreting experience. How many times have you interpreted in court? What types of cases?
- Are you a potential witness in this case?
- Do you have any other potential conflicts of interest?
- Have you had an opportunity to speak with the non-English-speaking person informally to determine your ability to understand each other? Were there any particular communication problems?
- Are you familiar with the dialectal or idiomatic peculiarities of the witnesses?
- Have you ever been disqualified from interpreting in any court or administrative hearing?
- Have you ever been arrested, charged, or held by federal, state, or other law enforcement authorities for violation of any federal law, state law, county or municipal law, regulation, or ordinance?
A non-certified interpreter who has not been through orientation likely will not know what they are allowed to do or what they cannot do. If the court decides to proceed with an inexperienced and untrained individual, it is important they:
- Agree to render a complete and accurate interpretation without altering, omitting, or adding anything to what is stated or written, or without explanation;
- Will be impartial and unbiased, and shall refrain from conduct that may give an appearance of bias – disclosing any real or perceived conflict of interest;
- Shall conduct themself in a manner consistent with the dignity of the court and shall be as unobtrusive as possible;
- Shall protect the confidentiality of all privileged and other confidential information;
- Shall limit themselves to interpreting or translating, not giving legal advice, expressing personal opinions or engaging in any activities that may be construed as services other than interpreting.
Oath
All interpreters should swear an "Oath of Interpretation" for each proceeding:
"Do you solemnly swear that 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 ethics for court interpreters, follow all official guidelines established by this court for legal interpreting or translating, and discharge all of the solemn duties and obligations of legal interpretation and translation?”
If you have concerns about the performance or professionalism of any interpreter, please notify the Access to Justice Program in writing and we will follow up.
Processing the Request for Payment
The legislature appropriates a limited amount of money to OSCA each fiscal year to fund reasonable and necessary fees/expenses for foreign language interpreters used in criminal proceedings (Section 476.806, RSMo). This table shows who gets the bill and who pays for various types of events.
Invoicing
The interpreter shall be paid on an hourly basis and charging a two-hour minimum is the standard practice by agencies and certified interpreters. The hourly price begins 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 interpreter bills the court of assignment (handwritten invoices are discouraged) and the invoice must contain the following information:
- Date and time of service
- Case number/name
- Hourly rate and time billed
- Invoice number
- If billing for a cancellation, invoice must indicate the cancellation fee. If billing for reduced hours, invoice must indicate hours scheduled and hours worked. (See information regarding cancellations and reduced hours.)
- Additional allowable expenses (See below)
- Name, address and tax ID for payment
Additional allowable expenses:
- Two-hour minimum charge for assignments.
- Mileage at the state rate at the time of the assignment ($.37/mile as of July 1, 2009).
- Meals up to the maximums allowed by OSCA for county of assignment if in travel status 12 hours or more and with receipts. Early departure and/or Late Return must be documented on the invoice if overnight stay is not included and meals are claimed. Breakfast is not reimbursable if the hotel offers breakfast to guests at no charge.
- Lodging, if overnight stay approved by OSCA and not set up as direct bill.
- Parking, with receipts.
Procedures for Payment
Submitting Invoice to OSCA
If interpreting services are for a proceeding allowable by Section 476.806, RSMo, the court shall review the invoice for accuracy and allowable charges and send the original invoice with a GN65 (Request for Interpreter Payment) completed by the court to OSCA for payment. The GN65 must have an original signature (or a raised seal if the form is a copy) certifying the fees were necessary and are reasonable. The form also is available in the Court Clerk’s Handbook.
Mail completed forms to:
Office of State Courts Administrator
Access to Justice Program
2112 Industrial Drive
P.O. Box 104480
Jefferson City, MO 65110
Question about Payment
Please refer questions concerning the processing of a request for payment to the Office of State Courts Administrator Fiscal Section at (573) 751-4377.