MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary, Division A
By: Senator(s) Fillingane
AN ACT TO AMEND SECTION 9-21-71, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS RELATED TO LIMITED ENGLISH PROFICIENT INDIVIDUALS; TO AMEND SECTION 9-21-73, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A LIMITED ENGLISH PROFICIENT INDIVIDUAL IS ENTITLED TO USE AN INTERPRETER IN ANY INSTANCE ARISING OUT OF OR PERTAINING TO THEIR INVOLVEMENT IN LITIGATION; TO MAKE CERTAIN TECHNICAL AMENDMENTS; TO CREATE NEW SECTION 9-21-80, MISSISSIPPI CODE OF 1972, TO ESTABLISH A PROCEDURE FOR COURTS TO FOLLOW IN APPOINTING COURT INTERPRETERS; TO AMEND SECTION 9-21-81, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COSTS OF AN INTERPRETER SHALL BE PAID BY THE MUNICIPALITY OR THE COUNTY AT NO COST TO THE LIMITED ENGLISH PROFICIENT INDIVIDUAL; TO AMEND SECTIONS 9-21-77, 9-21-79 AND 99-17-7, MISSISSIPPI CODE OF 1972, TO CONFORM; 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 shall have the meanings ascribed to them 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
their 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. "Court interpreter" includes:
(i) "Certified court interpreter" means a interpreter that has successfully met all requirements promulgated by the Administrative Office of Courts to be designated as 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" means an interpreter that 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; and
5. Executed the interpreter oath. The Administrative Office of Courts may establish any additional requirements to be listed as a registered court interpreter on the roster; and
(iii) "Noncredentialed interpreter" 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, but not limited to, all civil and criminal hearings and trials.
(d) "Interpretation" means the accurate and complete unrehearsed transmission of an oral message from one language to an oral message in another language. The term "interpretation" includes:
(i) "Consecutive interpretation" means providing the target-language message after the speaker has finished speaking;
(ii) "Sight translation" which oral translation of a written document; and
(iii) "Simultaneous interpretation" 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 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 * * *.
(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 individual is entitled to use an interpreter in any instance arising out of or pertaining to their 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. 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:
(a) A certified court interpreter;
(b) If there is no certified court interpreter available, a registered court reporter; and
(c) If there is no certified or registered court reporter, a noncredentialed interpreter.
(2) A noncredentialed interpreter may be appointed if:
(a) Neither a certified nor registered interpreter is reasonably 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 noncredentialed interpreter, the court shall make the following findings on the record that the proposed interpreter:
(a) Appears to have adequate language skills, knowledge of interpreting techniques, and familiarity with interpreting in a court setting; and
(b) Has read, understands, and agrees to abide by the Mississippi Code of Ethics for Court Interpreters and the Mississippi Rules on Standards for Court Interpreters.
A summary of the efforts made to obtain a certified or registered interpreter, as well as a summary of the efforts to determine the capabilities of the proposed noncredentialed interpreter, shall be made in open court and placed on the record.
SECTION 4. 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 shall be payable out of the county or
municipal treasury at no cost to the litigant.
SECTION 5. 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 6. 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 * * * shall 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 litigation.
(4) Upon a request by the * * * limited English
proficient 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 * * * limited
English proficient individual. If it is determined that the interpreter
cannot perform these functions, the court shall provide the * * * limited English
proficient individual with another interpreter.
SECTION 7. Section 99-17-7, Mississippi Code of 1972, is amended as follows:
99-17-7. In criminal cases
wherein the defendant * * * is a limited English proficient individual,
as defined in Section 9-21-71, the court * * * shall appoint * * * a qualified interpreter * * * as provided in Section * * * 9-21-80 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.