NY State Senate Bill 2011-S1094

Senate Bill S1094

2011-2012 Legislative Session

Establishes standards for court interpreters and a procedure for waiver of a non-English speaking person's right to an interpreter in any proceeding

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to judiciary
Jan 05, 2011	referred to judiciary

2011-S1094 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Amd §§386 & 387, add §§381 & 382, Judy L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2847
2015-2016: S671
2017-2018: S2682
2019-2020: S4147
2021-2022: S4418
2023-2024: S5155

2011-S1094 (ACTIVE) - Summary

Establishes standards for court interpreters and a procedure for waiver of a non-English speaking person's right to an interpreter in any proceeding.

2011-S1094 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1094

TITLE OF BILL:
An act
to amend the judiciary law, in relation to standards and waivers
regarding qualified court interpreters

PURPOSE OR GENERAL IDEA OF BILL:
To establish guidelines for court interpreters.

SUMMARY OF SPECIFIC PROVISIONS:
The bill amends the judiciary law by
amending section 386 and section 387 of the judiciary law to add that
a court interpreter has to file an affidavit or affirmation that
he/she will make a hue and impartial interpretation of the
proceedings and follow the standards set forth in the USC Court
Interpreter Manual and the Court Interpreter Canons of Professional
Responsibility. The bill also adds two new sections to set forth the
explicit standards and functions of court interpreters. This new
section also includes the rights of a non-English party when waiving
their rights to a court interpreter. The waiver will be effective
when a non-English Speaking party has consulted with an attorney and
may be retracted during the court proceedings.

JUSTIFICATION:
New York State is one of the most ethnically and

culturally diverse states in United States and as many as 32
languages are spoken. Currently, New York has laws providing for the
appointment of interpreters, however, it does not have laws guiding
translation services the role of court interpreters in court
proceedings. Furthermore, there is no guidance to when a non-English
speaker waives his or her right to court interpreter in a court
proceeding. It is not hard to imagine that a non-English speaker who
does not know the language or the culture would know he or she has a
right to a translator, thus would probably never ask for one. In
these types of situations, a non-English speaker is often deprived of
a translator they desperately need. States such as Oregon, Kansas,
Arizona, Texas, Maryland, Washington, New Jersey, and California have
some guidance regarding the role of a translator in court
proceedings. New York State needs to provide some form of statutory
guidance regarding providing competent translation during court
proceedings.

LEGISLATIVE HISTORY:
2010:  S.7272  Referred to Judiciary
       A.4432  Referred to Judiciary
2008:  A.2939  Held for Consideration in Judiciary
2006:  A.11555 Referred to Insurance

EFFECTIVE DATE:
Immediately.

2011-S1094 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1094

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to standards and  waivers
  regarding qualified court interpreters

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 386 of the judiciary law, as amended by chapter 259
of the laws of 1909 and as renumbered by chapter  649  of  the  laws  of
1945, is amended to read as follows:
  S  386.  Appointment and compensation of court interpreters generally.
The county judge and the district attorney of the county may appoint one
interpreter, who shall act as and be  the  court  interpreter  for  such
county.    Such interpreter shall hold office during the pleasure of the
county judge and district attorney and they shall  appoint  his  OR  HER
successor  in  office.    Said  interpreter shall receive a salary to be
fixed by the board of supervisors of  said  county,  which  shall  be  a
charge  upon the county, to be paid monthly, in the same manner as other
county officials are paid. Said interpreter so appointed  shall,  before
entering upon his OR HER duties, file in the office of the county clerk,
the constitutional oath of office, AND AN AFFIDAVIT UNDER OATH OR AFFIR-
MATION  TO MAKE A TRUE AND IMPARTIAL INTERPRETATION OF PROCEEDINGS IN AN
UNDERSTANDABLE MANNER USING SUCH INTERPRETER'S BEST SKILLS AND  JUDGMENT
IN  ACCORDANCE  WITH  THE STANDARDS FOR PROFESSIONAL CONDUCT AND ETHICAL
BEHAVIOR FOUND AND REINFORCED IN THE UCS COURT  INTERPRETER  MANUAL  AND
THE  COURT  INTERPRETER  CANONS  OF  PROFESSIONAL  RESPONSIBILITY. COURT
INTERPRETERS SHALL PARTICIPATE IN  TRAINING  PROGRAMS  PROVIDED  BY  THE
COURT  SYSTEM  FOR  COURT  PERSONNEL  ON  ETHICS,  DOMESTIC VIOLENCE AND
CULTURAL SENSITIVITY.  The provisions of this  section,  however,  shall
not  apply  to  the  counties  of New York, Kings and Queens, nor to any
other county in which the appointment or compensation  of  court  inter-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02158-01-1

S. 1094                             2

preters  therein is governed by a special or local act or by any special
provision of a general act.
  S 2. Section 387 of the judiciary law, as amended by chapter 15 of the
laws of 1975, is amended to read as follows:
  S  387.  Temporary  appointment of interpreters. If the services of an
interpreter be required in any court and there be no unemployed official
interpreter to act therein, the court may appoint an interpreter to  act
temporarily  in  such court. Such interpreter shall before entering upon
his duties file with the clerk of the court the constitutional  oath  of
office,  AND  AN  AFFIDAVIT UNDER OATH OR AFFIRMATION TO MAKE A TRUE AND
IMPARTIAL INTERPRETATION OF  PROCEEDINGS  IN  AN  UNDERSTANDABLE  MANNER
USING SUCH INTERPRETER'S BEST SKILLS AND JUDGMENT IN ACCORDANCE WITH THE
STANDARDS  FOR PROFESSIONAL CONDUCT AND ETHICAL BEHAVIOR FOUND AND REIN-
FORCED IN THE UCS COURT INTERPRETER MANUAL  AND  THE  COURT  INTERPRETER
CANONS  OF PROFESSIONAL RESPONSIBILITY. COURT INTERPRETERS SHALL PARTIC-
IPATE IN TRAINING PROGRAMS  PROVIDED  BY  THE  COURT  SYSTEM  FOR  COURT
PERSONNEL  ON  ETHICS,  DOMESTIC VIOLENCE AND CULTURAL SENSITIVITY.  The
court shall fix the compensation of such interpreter at  not  more  than
twenty-five  dollars  per day for each day's actual attendance by direc-
tion of the presiding judge or justice and such  compensation  shall  be
paid from the court fund of the county upon the order of the court.
  S  3.  The judiciary law is amended by adding two new sections 381 and
382 to read as follows:
  S 381. STANDARDS AND FUNCTIONS OF COURT INTERPRETERS. 1.  A  QUALIFIED
INTERPRETER IS A PERSON WHO IS: (A) ABLE TO COMMUNICATE WITH NON-ENGLISH
SPEAKING  PERSONS  TO  ORALLY  TRANSFER THE MEANING OF STATEMENTS TO AND
FROM ENGLISH AND THE LANGUAGE SPOKEN BY A NON-ENGLISH SPEAKING PERSON;
  (B) INTERPRET IN A MANNER THAT CONSERVES THE MEANING, TONE, LEVEL  AND
REGISTER  OF  THE  ORIGINAL  STATEMENT  WITHOUT SUBSTANTIVE ADDITIONS OR
OMISSIONS; AND
  (C) PERFORMS HIS OR HER DUTIES IN CONFORMANCE WITH  THE  STANDARDS  OF
PROFESSIONAL  CONDUCT  AND  ETHICAL BEHAVIOR FOUND AND REINFORCED IN THE
UCS COURT INTERPRETER MANUAL AND THE COURT INTERPRETER CANONS OF PROFES-
SIONAL RESPONSIBILITY.
  2.  ANY  PERSON  SERVING  AS  A  COURT  INTERPRETER  PURSUANT  TO  THE
PROVISIONS  OF  THIS  ARTICLE  SHALL,  IN ANY PROCEEDING BEFORE A COURT,
STATE AGENCY OR HEARING OFFICER, STATE OR SUBMIT  SUCH  PERSON'S  QUALI-
FICATIONS ON THE RECORD, UNLESS WAIVED OR OTHERWISE STIPULATED TO BY THE
PARTIES OR COUNSEL TO THE PARTIES PRIOR TO SUCH PROCEEDING.
  3.  A NON-ENGLISH SPEAKING PERSON SHALL BE ENTITLED TO THE SERVICES OF
A QUALIFIED COURT INTERPRETER APPOINTED BY A COURT OR STATE AGENCY IN  A
CRIMINAL  OR  CIVIL  PROCEEDING,  AND  SUCH COURT OR STATE AGENCY SHALL,
UNLESS WAIVED PURSUANT TO SECTION THREE HUNDRED EIGHTY-TWO OF THIS ARTI-
CLE, APPOINT A QUALIFIED  COURT  INTERPRETER  IN  A  CIVIL  OR  CRIMINAL
PROCEEDING  TO:  (A) INTERPRET THE PROCEEDINGS TO A NON-ENGLISH SPEAKING
PARTY;
  (B) INTERPRET  THE  TESTIMONY  OF  A  NON-ENGLISH  SPEAKING  PARTY  OR
WITNESS;
  (C)  ASSIST  THE COURT, AGENCY OR HEARING OFFICER IN PERFORMING DUTIES
AND RESPONSIBILITIES OF THE COURT, AGENCY  OR  HEARING  OFFICER  IN  ANY
PROCEEDING  INVOLVING  ONE  OR MORE PARTIES WHO ARE NON-ENGLISH SPEAKING
PERSONS.
  S 382.  WAIVER OF COURT INTERPRETER. 1. WAIVER  OF  THE  RIGHT  TO  AN
INTERPRETER  BY  A  NON-ENGLISH SPEAKING PARTY TO A PROCEEDING  SHALL BE
EFFECTIVE ONLY WHEN APPROVED BY A JUDGE OR HEARING  OFFICER  AFTER  SUCH
NON-ENGLISH  SPEAKING  PARTY  HAS  CONSULTED WITH COUNSEL, RECEIVED ORAL

S. 1094                             3

COUNSEL FROM A JUDGE OR HEARING OFFICER IN OPEN COURT AS TO  THE  NATURE
AND  EFFECT OF SUCH WAIVER, AND HAS DEMONSTRATED, TO THE SATISFACTION OF
SUCH JUDGE OR HEARING OFFICER, COMPREHENSION OF SUCH NATURE  AND  EFFECT
AND  THAT  SUCH  WAIVER  IS  KNOWINGLY  AND  VOLUNTARILY MADE. FOLLOWING
APPROVAL OF A WAIVER, A JUDGE OR HEARING OFFICER  SHALL  ENSURE  THAT  A
RECITATION OF THE WAIVER PROCEDURE PURSUANT TO THIS SECTION IS MADE PART
OF THE RECORD OF SUCH PROCEEDING.
  2.  THE  FAILURE OF A NON-ENGLISH SPEAKING PERSON TO REQUEST AN INTER-
PRETER SHALL NOT BE DEEMED A  WAIVER  OF  SUCH  RIGHT.  ANY  NON-ENGLISH
SPEAKING PERSON MAY RETRACT A WAIVER MADE PURSUANT TO SUBDIVISION ONE OF
THIS  SECTION  AT ANY TIME DURING THE PROCEEDING AND INDICATE HIS OR HER
DESIRE TO BE ASSISTED BY A QUALIFIED INTERPRETER.
  S 4. This act shall take effect immediately.

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