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PA Bulletin, Doc. No. 18-285

THE COURTS

Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS

PART VII. ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS

[ 204 PA. CODE CH. 221 ]

Administrative Regulations Governing Court Interpreters for Persons with Limited English Proficiency and for Persons who are Deaf or Hard of Hearing

[48 Pa.B. 1092]
[Saturday, February 24, 2018]

 In accordance with Judicial Code, 42 Pa.C.S. §§ 4411 and 4431, the Administrative Regulations Governing Court Interpreters for Persons with Limited English Proficiency and for Persons Who Are Deaf or Hard of Hearing have been amended by the Court Administrator of Pennsylvania in the following form and shall be effective March 1, 2018. Additions to the regulations are shown in bold and are underlined. Deletions from the regulations are shown in bold and brackets. The regulations can be found on the interpreter certification webpage located at http://www.pacourts.us/judicial-administration/court-programs/interpreter-program.

 Filed in the Administrative Office of Pennsylvania Courts on February 12, 2018.

THOMAS B. DARR, 
Court Administrator of Pennsylvania

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART VII. ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS

CHAPTER 221. COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY AND FOR PERSONS WHO ARE DEAF OR HARD OF HEARING

Subchapter 1. GENERAL PROVISIONS

§ 102. Definitions.

 For purposes of these regulations:

*  *  *  *  *

 (g) Immediate family member means a [spouse, child, parent or an individual who stands in loco parentis to a child in a proceeding pursuant to 42 Pa.C.S. Ch. 63 (relating to juvenile matters)] person other than a principal party in interest who is a spouse, child, parent, grandparent or guardian of a principal party in interest.

*  *  *  *  *

 (o) Principal party in interest means a person involved in a judicial proceeding who is [a plaintiff or defendant in a proceeding pursuant to 23 Pa.C.S. Ch. 61 (relating to protection from abuse); a defendant, parent of a defendant or direct victim in a proceeding pursuant to 42 Pa.C.S. Ch. 63 (relating to juvenile matters); a defendant or direct victim in a criminal proceeding; a person who is a named party in any other judicial proceeding; or a person who brings an action on behalf of a minor or incompetent person.]:

 (1) a named party or a fiduciary for a named party;

 (2) a direct victim in a criminal proceeding or a proceeding pursuant to 42 Pa.C.S. Ch. 63 (relating to juvenile matters);

 (3) a parent, guardian, or custodian of a minor or incapacitated person who is:

 (i) a party;

 (ii) a direct victim in a criminal proceeding or a proceeding pursuant to 42 Pa.C.S. Ch. 63; or

 (iii) a witness.

 (p) Roster means the list of certified and otherwise qualified interpreters maintained and distributed by the Court Administrator.

 (q) Staff Interpreter means a certified or otherwise qualified interpreter who is an employee of the appellate court or judicial district and whose duties include providing services as an interpreter and functions related to interpreting.

 (r) Transliteration means to convey spoken or written English in an English-based sign system and the process of conveying an English-based sign system in spoken or written English.

 (s) Witness means a person who testifies in a judicial proceeding.

Comment

 The definition of ''Certified Interpreter'' set forth in subsection (b) contains the requirement that the interpreter be certified by the Court Administrator. An interpreter who is certified pursuant to another jurisdiction or organization's policies is nonetheless not a certified interpreter under these regulations if that individual has not been certified by the Court Administrator. Therefore, persons charged with applying these regulations should take care to confirm that an interpreter who purports to be certified has in fact been certified by the Court Administrator. A ''Staff Interpreter'' pursuant to subsection (q) is a full-time employee of the appellate court or judicial district whose duties include providing interpretation services. Persons employed as staff interpreters—even those employed as such on or before the date of the enactment of these regulations—will be required to be certified in their language of expertise by the Court Administrator in order to attain certified status under these regulations, if such certification is available.

 These regulations are not intended to restrict a deaf or hard of hearing person's ability pursuant to the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq., to request a process, procedure or means of communication other than an interpreter. Under the ADA and its regulations, a deaf or hard of hearing person may request a specific auxiliary aid and the public entity must give primary consideration to that choice unless another effective means of communication exists or it can demonstrate that doing so would fundamentally alter the nature of the service, program or activity or result in undue financial hardship. 28 CFR 35.160; 35.164; 28 CFR Pt. 35, App. A.

 See 42 Pa.C.S. § 6302, defining ''custodian'' as ''[a] person other than a parent or legal guardian, who stands in loco parentis to the child, or a person to whom legal custody of the child has been given by order of a court.'' See also Pa.R.C.P. 76, which defines fiduciaries to include ''an executor, administrator, guardian, committee, receiver, trustee, assignee for the benefit of creditors, and any other person, association, partnership, or corporation, acting in any similar capacity.'' Pa.R.C.P. 2051 defines ''incapacitated person'' to include ''an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that the person is partially or totally unable to manage financial resources or to meet the essential requirements for physical health and safety.''

§ 107. Cost of Providing Interpreters for Persons with Limited English Proficiency.

 (a) General rule.—An interpreter appointed pursuant to § 203 for a principal party in interest or a witness is entitled to a reasonable fee for interpreter services and shall be reimbursed for actual and reasonable expenses by the county of the court or the appellate court that has jurisdiction over the judicial proceeding in accordance with the compensation schedule approved by the Court Administrator pursuant to 42 Pa.C.S. § 4411(d). In no event shall the costs of providing interpreter services be the responsibility of the person who is limited English proficient.

 [(b) Principal party in interest.—If the person with limited English proficiency is a principal party in interest, the payment of the cost of providing the interpreter shall be the responsibility of the county of the court or the appellate court that has jurisdiction over the judicial proceeding for which the interpreter was appointed.

 (c) Witness.—If the person with limited English proficiency is compelled to appear as a witness in a judicial proceeding for a criminal matter or juvenile proceeding pursuant to 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the payment of the cost of providing the interpreter shall be the responsibility of the county of the court that has jurisdiction over the judicial proceeding for which the interpreter was appointed.

 (d)] (b) Assignment of costs.—[Except as provided in subsections (b) and (c), disposition of all or part of the cost of providing interpreter services shall be in the discretion of the presiding judicial officer and in accordance with the compensation schedule established by the Court Administrator, unless the principal party in interest is indigent. If the principal party in interest is indigent, the cost of providing interpreter services shall be the responsibility of the county of the court or the appellate court that has jurisdiction over the judicial proceeding for which the interpreter was appointed. Except as provided in subsections (b) and (c)] In those cases where appointment of an interpreter is discretionary as specified in section 203(d) regarding appointment of interpreters for immediate family members, the presiding judicial officer may order reimbursement by the family member to the county of the court or the appellate court that has jurisdiction over the judicial proceeding for which the interpreter was appointed for its responsibilities under this chapter. In determining the amount of actual and reasonable expenses to be paid to the interpreter, the presiding judicial officer shall follow the fee schedule for interpreters established by the Court Administrator.

Comment

 The compensation schedule referred to in subsection (a) will be published in the Pennsylvania Bulletin and the official website of the Administrative Office of Pennsylvania Courts and will be subject to periodic review. In a judicial district comprised of more than one county, the county of the court that has jurisdiction over the judicial proceedings is the county in which the cause of action arose.

[Pa.B. Doc. No. 18-285. Filed for public inspection February 23, 2018, 9:00 a.m.]


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