Rule I. Preamble
Effective September 24, 2008
Many persons who come before the courts are partially or completely excluded from full participation in the proceedings due to limited English proficiency. It is essential that the resulting communication barrier be removed, as far as possible, so that these persons are placed in the same position as similarly situated persons for whom there is no such barrier.
As officers of the court, interpreters help ensure that non-English speakers may enjoy equal access to justice and that court proceedings and court support services function efficiently and effectively. Interpreters are highly skilled professionals who fulfill an essential role in the administration of justice.
However, the opportunity for any specific interpreter to provide services to the Indiana courts is at the Indiana Supreme Court's complete and continuing discretion because of the critical reliance the trial courts must have on the skills, performance, and integrity of the interpreter in performing duties for the courts. This Code sets forth the minimum standard of conduct the Indiana Supreme Court expects from any interpreter providing services for Indiana courts, but it is not intended to be a vehicle for complaints about interpreting errors made by interpreters during the course of a proceeding, unless there is an allegation of gross incompetence or knowing misinterpretation or misrepresentation. In those circumstances, complaints should be made pursuant to the procedures outlined in the Indiana Supreme Court Disciplinary Process for Certified Court Interpreters and Candidates for Interpreter Certification.
1. Purpose.
These Standards seek to:
a) Ensure meaningful access to all trial courts and court services for non-English speakers;
b) Protect the constitutional rights of criminal defendants to the assistance of court interpreters during court proceedings;
c) Ensure due process in all phases of litigation for non-English speakers;
d) Ensure equal protection of the law for non-English speakers;
e) Increase efficiency, quality, and uniformity in handling proceedings which involve a court interpreter;
f) Encourage the broadest use of professional language interpreters by all those in need of such services within the trial courts.
2. Scope.
a) These Standards define and govern the practice of court interpretation in Indiana trial courts.
3. Applicability.
a) This Code shall guide and be binding upon all persons, agencies and organizations who administer, supervise, use, or deliver spoken foreign language interpreting services to the judicial system.
b) Violations of this Code may result in the interpreter being removed from a case, denied future appointments by the courts or losing credentials if the interpreter has been certified pursuant to the rules of the Indiana Supreme Court.
c) The Standards and any subparts are mandatory requirements for those who are bound by this Code. The commentary is not mandatory and exists to provide guidance in interpreting the Code.
d) These Standards apply to court interpreters appearing:
1) In any proceeding before any trial court of the state;
2) Before any attorney, court, or agency in connection with any matter that is, or may be, brought before a court;
3) In any other activity ordered by the court or conducted under the supervision of a court.