MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary A
By: Representatives Cockerham, Anthony, Reynolds
AN ACT TO REVISE THE COURT INTERPRETERS PROGRAM ADMINISTERED BY THE ADMINISTRATIVE OFFICE OF COURTS; TO AMEND SECTION 9-21-71, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS AND TO CREATE THREE LEVELS OF INTERPRETERS AUTHORIZED TO SERVE IN CIVIL AND CRIMINAL PROCEEDINGS IN ALL COURTS; TO AMEND SECTION 9-21-73, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE USE OF AN INTERPRETER WHENEVER A LIMITED ENGLISH PROFICIENT (LEP) INDIVIDUAL IS INVOLVED IN LITIGATION; TO AMEND SECTIONS 9-21-77 AND 9-21-79, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; TO CREATE NEW SECTION 9-21-80, MISSISSIPPI CODE OF 1972, TO PRESCRIBE CERTAIN REQUIREMENTS FOR THE COURTS RELATING TO THE APPOINTMENT OF AN INTERPRETER; TO AMEND SECTION 9-21-81, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COST OF PROVIDING AN INTERPRETER IN ANY PROCEEDING TO BE PAID BY THE COUNTY OR MUNICIPALITY; TO AMEND SECTION 99-17-7, MISSISSIPPI CODE OF 1972, TO REQUIRE THE APPOINTMENT OF AN INTERPRETER IN ALL CRIMINAL CASES WHERE THE DEFENDANT IS A LIMITED ENGLISH PROFICIENT (LEP) INDIVIDUAL; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-21-71, Mississippi Code of 1972, is amended as follows:
9-21-71. The following
words and phrases * * *
have the meanings ascribed * * * in this section unless the
context clearly requires otherwise:
(a) * * * "Limited
English Proficient (LEP) individual" means any party or witness who
cannot readily understand or communicate in spoken English or who does not speak
English as his or her primary language and who consequently has a limited
ability to read, speak, write or understand English and cannot equally
participate in or benefit from the proceedings unless an interpreter is
available to assist the individual. The fact that a person for whom English is
a second language knows some English does not prohibit that individual from
being allowed to have an interpreter.
(b) "Court
interpreter" means any person authorized by a court * * * who is competent to translate or
interpret oral or written communication in a foreign language during court
proceedings. A court interpreter may be one (1) of the following:
(i) "Certified court interpreter," which means an interpreter who successfully has met all requirements promulgated by the Administrative Office of Courts to be designated a registered court interpreter and has scored at least seventy percent (70%) on each of the three (3) sections of an approved criterion-referenced oral performance examination.
(ii) "Registered court interpreter," which means an interpreter who has:
1. Attended an approved two-day, fourteen-hour ethics and skill building workshop;
2. Passed an approved criterion-referenced written examination with a minimum overall score of eighty percent (80%);
3. Submitted to a criminal background check;
4. Provided verification of legal right to work in the United States;
5. Executed the Interpreter Oath; and
6. Satisfied any additional requirements that the Administrative Office of Courts may establish in order to be listed as a registered court interpreter on the roster.
(iii) "Non-credentialed interpreter," which means an interpreter who has not met the requirements promulgated by the Administrative Office of Courts to be classified as a registered or certified court interpreter.
(c) "Court proceedings" means a proceeding before any court of this state or a grand jury hearing, including all civil and criminal hearings and trials.
(d) "Interpretation" means the accurate and complete unrehearsed transmission of an oral message from one (1) language to an oral message in another language. Interpretation may be one (1) of the following:
(i) "Consecutive interpretation," which means providing the target-language message after the speaker has finished speaking.
(ii) "Sight translation," which means oral translation of a written document.
(iii) "Simultaneous interpretation," which means providing the target-language message at approximately the same time the source-language message is being produced.
(e) "Source language" means the input language requiring interpretation.
(f) "Target language" means the output language into which the utterance is being interpreted.
(g) "Translation" means the process of translating text from one (1) language to another to maintain the original message and communication.
SECTION 2. Section 9-21-73, Mississippi Code of 1972, is amended as follows:
9-21-73. (1) The * * * Administrative Office of Courts
shall establish a program to facilitate the use of interpreters in all courts
of the State of Mississippi.
(2) (a) The Administrative
Office of Courts shall prescribe the qualifications of and * * * qualify persons who may serve as * * * credentialed court interpreters
in all courts of the State of Mississippi * * *. The * * * Administrative Office of Courts
may set and charge a reasonable fee for * * * credentialing.
(b) The * * * Administrative Office of Courts
shall maintain a current master list of all * * * credentialed court interpreters * * *
(the "Roster").
(3) In all * * * bilingual proceedings, the presiding
judicial officer, with the assistance of the * * * Administrative Office of Courts,
shall utilize the services of * * * an
interpreter to communicate * * * all spoken or written words when the
necessity therefor has been determined pursuant to Section 9-21-79.
(4) A Limited English Proficient (LEP) individual is entitled to use an interpreter in any instance arising out of or pertaining to the individual's involvement in litigation.
(5) All * * * courts shall maintain on file in the
office of the clerk of the court a list of all persons who have been * * * credentialed as court interpreters
in accordance with the * * * Administrative Office of Court's Credentialing Program
established pursuant to this section.
SECTION 3. Section 9-21-77, Mississippi Code of 1972, is amended as follows:
9-21-77. (1) Prior to
providing any service to a * * * Limited English
Proficient (LEP) individual, the interpreter shall subscribe to an oath
that he or she shall interpret all communications in an accurate manner to the
best of his or her skill and knowledge.
(2) The oath shall conform substantially to the following form:
INTERPRETER'S OATH
"Do you solemnly swear or affirm that you will faithfully interpret from (state the language) into English and from English into (state the language) the proceedings before this court in an accurate manner to the best of your skill and knowledge?"
(3) Interpreters shall not
voluntarily disclose any admission or communication that is declared to be
confidential or privileged under state law. Out-of-court disclosures made by a * * * Limited English Proficient
(LEP) individual communicating through an interpreter shall be treated by
the interpreter as confidential or privileged or both unless the court orders
the interpreter to disclose such communications or the * * * Limited English Proficient
(LEP) individual waives such confidentiality or privilege.
(4) Interpreters shall not publicly discuss, report or offer an opinion concerning a matter in which they are engaged, even when that information is not privileged or required by law to be confidential.
(5) The presence of an interpreter shall not affect the privileged nature of any discussion.
SECTION 4. Section 9-21-79, Mississippi Code of 1972, is amended as follows:
9-21-79. (1) An interpreter is needed and a court interpreter shall be appointed when the judge determines, after an examination of a party or witness, that: (a) the party cannot understand and speak English well enough to participate fully in the proceedings and to assist counsel; or (b) the witness cannot speak English so as to be understood directly by counsel, court and jury.
(2) The court should examine a party or witness on the record to determine whether an interpreter is needed if:
(a) A party or counsel requests such an examination;
(b) It appears to the court that the party or witness may not understand and speak English well enough to participate fully in the proceedings; or
(c) * * * The party or witness requests an
interpreter. The fact that a person for whom English is a second language
knows some English * * *
does not prohibit that individual from being allowed to have an
interpreter.
(3) After the examination,
the court should state its conclusion on the record, and the file in the case shall
be clearly marked and data entered electronically when appropriate by court
personnel to ensure that an interpreter will be present when needed in any
subsequent * * *
instance arising out of the litigation.
(4) Upon a request by the * * * Limited English
Proficient (LEP) individual, by counsel, or by any other officer of the
court, the court shall determine whether the interpreter provided is able to
communicate accurately with and translate information to and from the * * * Limited English
Proficient (LEP) individual. If it is determined that the interpreter
cannot perform these functions, the court shall provide the * * * Limited English
Proficient (LEP) individual with another interpreter.
SECTION 5. The following shall be codified as Section 9-21-80, Mississippi Code of 1972:
9-21-80. (1) The court shall appoint an interpreter in the following order of preference:
(a) Certified court interpreter.
(b) Registered court interpreter.
(c) Non-credential interpreter.
(2) A non-credentialed interpreter may be appointed if:
(a) Neither a certified nor registered court interpreter reasonably is available; and
(b) The court has evaluated the totality of the circumstances, including the gravity of the judicial proceeding and the potential penalty or consequence involved.
(3) If the court appoints a non-credentialed interpreter, the court must make the following findings on the record:
(a) The proposed interpreter appears to have: (i) adequate language skills, knowledge of interpreting techniques, and familiarity with interpreting in a court setting; and (ii) read and understand, and agrees to abide by, the Mississippi Code of Ethics for Court Interpreters and the Mississippi Rules on Standards for Court Interpreters.
(4) A summary of the efforts made to obtain a certified or registered court interpreter, as well as a summary of the efforts to determine the capabilities of the proposed non-credentialed interpreter, must be made in open court and placed on the record.
SECTION 6. Section 9-21-81, Mississippi Code of 1972, is amended as follows:
9-21-81. (1) Any volunteer interpreter providing services under Sections 9-21-71 through 9-21-81 shall be paid reasonable expenses by the court.
(2) The expenses of
providing an interpreter in any court proceeding * * * or instance arising
out of litigation must be * * * payable out of the county or municipal
treasury at no cost to the litigant.
SECTION 7. Section 99-17-7, Mississippi Code of 1972, is amended as follows:
99-17-7. In all criminal
cases wherein the defendant * * * is a Limited English
Proficient (LEP) individual, the court * * * shall appoint * * * a qualified interpreter * * * as provided in * * *
Section 9-21-80, * * *when necessary, sworn truly to interpret, and allow him a
reasonable compensation, as set by the court, payable out of the county or municipal
treasury at no cost to the defendant.
SECTION 8. This act shall take effect and be in force from and after July 1, 2023.