[51 Pa.B. 2770]
[Saturday, May 22, 2021]
Schedule A
Interpreter Orientation Workshop
Topics Covered by the Interpreter Orientation Workshop
1. Interpreting as a Profession.
2. Description of the Pennsylvania Judicial System.
3. Ethics and Professional Development.
4. Interpreting Skills and Modes of Interpretation.
5. Preparing for the Written and Oral Examinations.
Interpreters will also receive training materials, information about resources, legal glossaries and study tips at the Interpreter Orientation Workshop.
Faculty for the Interpreter Orientation Workshop
The Interpreter Orientation workshops will be taught by qualified professional trainers who are [Federally] federally and RID certified interpreters and possess vast experience in the field of legal interpreting.
Schedule B
Written Interpreter Certification Examination
Multiple Choice: questions; passing requirements; time allotted.
The first part of the written examination consists of 135 multiple-choice questions. In order to pass the multiple-choice part, 80 percent (108 questions) must be answered correctly. Examinees are allotted two hours and fifteen minutes to complete the multiple-choice part of the test.
Foreign Language Assessment Exercise: questions; passing requirements; time allotted.
For the Foreign Language Assessment Exercise, the interpreter must translate ten items from English into the target language. The foreign language assessment will be administered the same day, immediately after the multiple-choice part of the examination, and will be rated on a pass/borderline pass/not pass basis. Examinees will have [45 minutes] 1 hour to translate the ten items.
Schedule C
Oral Proficiency Examination
Content of the Full Oral Proficiency Examination. The full oral proficiency exam consists of three parts: simultaneous interpretation, consecutive interpretation, and sight translation. For languages in which there is only an abbreviated exam, one or more of these segments has not yet been developed.
1. Simultaneous interpreting. The interpreter listens through headphones to a [CD] recording of a simulated attorney's opening or closing statement to a judge or jury, a judge instructing a jury, or the cross-examination of a witness. The interpreter interprets aloud what he or she hears over the headset. This mode of interpreting simulates many situations interpreters encounter in courtrooms while interpreting for defendants during procedural hearings and trials. The statement is approximately 800 to 850 words in length, is recorded at an approximate speed of 120 words per minute, and is about seven minutes long.
2. Consecutive interpreting. The interpreter interprets English language statements into the foreign language and foreign language responses into English. In consecutive interpreting the interpreter must wait until the speaker finishes the utterance before beginning to deliver the interpretation. This is the appropriate type of interpreting for non-English speaking witnesses, and other question-and-answer situations involving [limited English proficient] LEP persons. The segments are pre-recorded [on a CD] and the interpreter may ask to have two of the segments repeated.
3. Sight translation. The interpreter is asked to interpret one document from English into the foreign language and another from the foreign language into English. Each document is approximately 225 words in length and the interpreter is allowed six minutes to interpret each document.
Languages for which there are Full or Abbreviated Oral Proficiency Examinations.
1. Full examination: Arabic [(Modern Standard)], Cantonese, Filipino (Tagalog), French, Haitian Creole, Hmong, [Ilocano, Italian] Khmer, Korean, [Laotian,] Mandarin, [Marshallese,] Polish, Portuguese, Russian, [Somali,] Spanish, and Vietnamese
2. Abbreviated examination: [Arabic (Egyptian Colloquial), Bosnian, Chuukese, Croatian, German, Serbian,] Bosnian/Croatian/Serbian, and Turkish
Oral Proficiency Interview for Languages in Which There is no Full or Abbreviated Oral Proficiency Examination.
Oral proficiency interviews were developed by the American Council on the Teaching of Foreign Languages (ACTFL) for evaluating the language communication skills of speakers of foreign languages and are administered by Language Testing International (LTI). There are over 50 languages available and the interpreter must perform at the superior level to pass. The interpreter travels to a location with secure access to a phone line and, after providing a valid picture ID and other verifying information, the interpreter is placed in a room where the interview is administered over the telephone. The results are reported to the ICP and the interpreter.
Administration of Oral Proficiency Examinations.
1. Full oral proficiency examination. Interpreters in languages for which there is a full oral proficiency exam will first be given the simultaneous part of the examination. After passing the simultaneous part, they will sit for the consecutive and sight portions at a subsequent date. The consecutive and the sight portions of the examination must be completed within one year from the date on which they took and passed the simultaneous portion. Interpreters will be allowed to carry forward the score of any portions they have passed for a maximum of two years. The same version of the examination can be taken a maximum of two times and the examination cannot be repeated more than once in a [ten-month] six-month period.
2. Abbreviated oral proficiency examination. Interpreters in languages for which only an abbreviated examination exists will be given the simultaneous portion first, if there is one. If no simultaneous part exists, they will take whatever portions are available, either the consecutive part, the sight part, or both. The scores of any portion passed can be carried forward for a maximum of two years. The same version of the examination can be taken a maximum of two times and the examination cannot be repeated more than once in a [ten-month] six-month period.
Retaking Part of the Oral Proficiency Examination.
Interpreters who fail the simultaneous part may retake the examination again [at any time]. However, [it is recommended that they allow themselves at least six to eight months] they must wait six months in order to practice and develop their skills before attempting to retake the examination. If after passing the simultaneous part the interpreter fails either the consecutive or the sight portions, they must retake and pass whichever part they failed within one year. This is because interpreters must pass all three parts of the oral proficiency examination within one testing cycle, which consists of two years. The testing cycle requirement is not triggered until the interpreter passes the simultaneous portion.
Interpreters of languages for which there is only an abbreviated oral proficiency examination must also complete the remaining parts within one testing cycle after passing the simultaneous part, if there is one. If no simultaneous part exists, the interpreter must take whatever parts are available within one testing cycle. The testing cycle requirement is not triggered until the interpreter passes at least one part of the available parts of the oral proficiency examination that are available.
RID or NAD Certificates for Legal Interpretation.
• Specialist Certificate—Legal (SC-L)
• Combined Certificate of Interpretation and Transliteration (CI/CT)
• Comprehensive Skills Certificate (CSC)
• National Interpreter Certification (NIC)
• Certified Deaf Interpreter (CDI)
• Conditional Legal Interpreting Permit-Relay (CLIP-R)
• Individual CI or CT
• NAD V Master
• NAD IV Advanced.
Schedule D
Interpreter Classification Tables
1. Interpreters Working in a Foreign Language for Which There is a Full or Abbreviated Oral Proficiency Examination.
| CRITERIA | CLASSIFICATION |
|---|
| Certified | Otherwise Qualified |
| Master | Certified | Qualified | Conditional |
| Written Exam | 85% or higher | 80% or higher | 80% or higher | 80% or higher |
| Simultaneous | 85% or higher | 70% or higher | 60% or higher | 50% or higher |
| Consecutive | 85% or higher | 70% or higher | 60% or higher | 50% or higher |
Sight
(Eng./FL) | 85% or higher average but no lower than 80% in each part | 70% or higher average but no lower than 65% in each part | 60% or higher average but no lower than 55% in each part | 50% or higher |
Sight
(FL/Eng.) | 85% or higher average but no lower than 80% in each part | 70% or higher average but no lower than 65% in each part | 60% or higher average but no lower than 55% in each part | 50% or higher |
2. Interpreters Working in a Foreign Language for Which There is no Full or Abbreviated Oral Proficiency Examination.
| CRITERIA | CLASSIFICATION |
|---|
| Otherwise Qualified |
| Registered | Conditional |
| Written Exam | 80% or higher | 80% or higher |
Oral
Proficiency Interview | Superior Level | No Oral Proficiency Interview available |
| English Oral Proficiency Test | [Superior Level (if necessary)]
Versant English Test Passing score 47 | [Superior Level (if necessary)]
Versant English Test Passing score 47 |
| [TOEFL (written test)] | [Pass (if necessary)] | [Pass (if necessary)] |
| Other | Pass oral proficiency test in their
language when available | Pass oral proficiency test in their
language when available |
3. Sign Language Interpreters and Interpreters for the Deaf.
| CRITERIA | CLASSIFICATION |
|---|
| Certified | Otherwise Qualified |
| Master | Certified | Qualified | Registered |
| Written Exam | 85% or higher | 80% or higher | 80% or higher | 80% or higher |
| RID Certification | SC/L | CI/CT, CDI, CLIP-R, CSC, NIC | CI or CT, or any other relevant | Any other relevant
RID certificate |
| NAD Certification | None | NAD V | NAD IV | Any other relevant
NAD certificate |
| Register with ODHH | Yes | Yes | Yes | Only if holding a
RID certificate |
| Attempt to obtain relevant legal certificate | Not applicable | As necessary | As necessary | As necessary |
| Provide evidence of certification | Yes | Yes | Yes | Yes |
Schedule E
Interpreter Certification Program Fees
| Event | Applies To | In-State | Out-of-State |
|---|
| Registration | All interpreters | No charge | No charge |
| Orientation Workshop | All interpreters | $150 | $175 |
| Written Examination | All interpreters (except those qualifying for reciprocity) | $50 | $75 |
| Language Assessment Exercise Retakes | Interpreters in languages with a full or abbreviated NCSC test | $25 | $25 |
| Oral Exam—Simultaneous | Interpreters in languages with a full or abbreviated NCSC test (except those who qualify for reciprocity) | $100 | $125 |
| Oral Exam—Consecutive & Sight | Interpreters in languages with a full or abbreviated NCSC test (except those who qualify for reciprocity) | $150 | $175 |
| Oral Exam—Full test | Interpreters in languages with a full NCSC test (except those who qualify for reciprocity) | $250 | $300 |
Oral Exams Retakes—
Any one part | Interpreters in languages with a full or abbreviated NCSC test (except those who qualify for reciprocity) | $100 | $125 |
Oral Exams Retakes—
Any two parts | Interpreters in languages with a full or abbreviated NCSC test (except those who qualify for reciprocity) | $150 | $175 |
| Oral Proficiency Interview | Interpreters [of] in languages for which there is no [Consortium] NCSC full or abbreviated oral exam | [$143]
$139 | [$143]
$139 |
| Versant English Test | Interpreters in languages for which there is no NCSC full or abbreviated oral exam | $32.95 | $32.95 |
| Registration of RID or NAD certifications | Sign language interpreters only | $25 | $25 |
| Background check | All interpreters | No charge | No charge |
| Registration of out-of-state certification | Interpreters applying for reciprocity | $25 | $25 |
| Renewal of certification (every two years) | All interpreters | $25 | $25 |
Schedule F
Pennsylvania Rules of Professional Conduct for Judiciary Interpreters
Legal Authority
In accordance with Act 172 of 2006 (42 Pa.C.S. §§ 4411(e) and 4431(e)), the Court Administrator of Pennsylvania hereby establishes these Rules of Professional Conduct for Judiciary Interpreters in the Unified Judicial System of Pennsylvania.
Preamble
Many persons who come before the courts are partially or completely excluded from full participation in the proceedings due to limited English proficiency (LEP) or [a] because they are speech impaired or [hearing impairment] have a hearing loss. It is the Court's intention to remove this communication barrier in order to provide equal access and due process so that these persons are placed in the same position as similarly situated persons for whom there is no such impediment. As officers of the court, interpreters help assure that such persons 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. In their capacity as officers of the court, court interpreters are bound by rules of professional conduct.
Applicability and Enforcement
These rules shall guide and be binding upon all persons, agencies and organizations who administer, supervise, deliver, or attempt to become certified to deliver, interpreting services to the Judiciary. It shall govern the conduct of persons who are employed, under contract or otherwise appointed by the Judiciary to interpret, transliterate, [translate] or deliver foreign and sign language interpreting services to the judicial system. This shall include persons who offer their services free of charge or on a volunteer basis.
Violations of these rules may result in the interpreter being removed from a case, being suspended, being denied future appointments by the courts, losing certification if the interpreter has been certified pursuant to Act 172 and the Administrative Regulations Governing Court Interpreters for Persons with Limited English Proficiency and for Persons who are Deaf or Hard of Hearing or any other sanctions deemed appropriate by the Court Administrator of Pennsylvania. The Court Administrator is authorized to adopt policies and procedures necessary to enforce these rules.
RULE 1: REPRESENTATION OF QUALIFICATIONS.
Interpreters shall accurately and completely represent their certifications, training and pertinent experience.
Comment
Acceptance of a case by an interpreter conveys linguistic competency in legal settings. Withdrawing or being asked to withdraw from a case after it begins causes a disruption of court proceedings and is wasteful of scarce public resources. It is therefore essential that interpreters present a complete and truthful account of their certification, training and experience prior to appointment so the officers of the court can fairly evaluate their qualifications for delivering interpreting services.
RULE 2: ACCURACY AND COMPLETENESS.
Interpreters shall render a complete and accurate interpretation or sight translation, without altering, omitting, or adding anything to what is stated or written, and without embellishment or explanation.
Comment
The interpreter has a twofold duty: (1) to ensure that the proceedings in English reflect precisely what was said by the [limited English proficient (LEP) person or] LEP, speech [or hearing impaired person,] impaired, or hard of hearing person; and (2) to place the LEP [or], speech [or hearing impaired person] impaired, or hard of hearing person on an equal footing with those who understand English. This creates an obligation to conserve every element of information contained in a source language communication when it is rendered in the target language.
Therefore, interpreters are obligated to apply their best skills and judgment to preserve faithfully the meaning of what is said in court, including the style and register of speech. Verbatim or literal oral interpretations are not appropriate when they distort the meaning of the source language, but every spoken statement, even if it appears non-responsive, obscene, rambling or incoherent should be interpreted. This includes apparent misstatements.
Interpreters should never interject their own words, phrases or expressions. They should convey the emotional emphasis of the speaker without reenacting or mimicking the speaker's emotions or dramatic gestures.
Sign language interpreters, however, must employ all of the visual cues that the language they are interpreting for requires—including facial expressions, body language and hand gestures. Sign language interpreters, therefore, should ensure that court participants do not confuse these essential elements of the interpreted language with inappropriate interpreter conduct.
The obligation to preserve accuracy includes the interpreter's duty to correct any error of interpretation discovered by the interpreter during the proceeding. Interpreters should also demonstrate their professionalism by objectively analyzing any challenge to their performance.
RULE 3: IMPARTIALITY AND AVOIDANCE OF CONFLICT OF INTEREST.
Interpreters shall be impartial and unbiased and shall refrain from conduct that may give an appearance of bias or favoritism. Interpreters shall disclose any real or perceived conflict of interest.
Comment
Interpreters serve as officers of the court and their main duty in court proceedings is to serve the court. This is true regardless of whether the interpreter is publicly retained at government expense or retained privately at the expense of one of the parties.
Interpreters should avoid any conduct or behavior that presents the appearance of favoritism toward any of the parties. Interpreters should maintain professional relationships with their clients and should not take an active part in any of the proceedings. The interpreter should discourage an LEP or speech impaired person, or [hearing impaired party's] person with hearing loss's personal dependence on the interpreter.
During the course of the proceedings, interpreters should not converse with parties, witnesses, jurors, attorneys or with friends or relatives of any party, except inthe discharge of their official functions. It is especially important that interpreters, who are often familiar with attorneys, courtroom staff and law enforcement officers, refrain from casual and personal conversations with anyone in court that may convey an appearance of a special relationship or partiality to any of the court participants.
The interpreter should strive for professional detachment. Verbal and non-verbal displays of personal attitudes, prejudices, emotions or opinions should be avoided at all times.
Should the interpreter become aware that a proceeding participant views the interpreter as having a bias or being biased, the interpreter should disclose that knowledge to the appropriate judicial authority and counsel.
Any condition that interferes with the objectivity of an interpreter constitutes a conflict of interest. Before providing professional services in a matter, interpreters must disclose to all parties any prior involvement, whether personal or professional, that could be reasonably construed as a conflict of interest. This disclosure should not include privileged or confidential information. The following circumstances are presumed to create actual or apparent conflicts of interest for interpreters and should preclude them from serving in any proceeding in which:
1. they are a friend, associate or relative of a party or counsel for a party involved in the proceedings;
2. they, their spouse, child or relative is a party to the proceeding or have a financial interest or any other interest that would be affected by the outcome of the proceeding;
3. they have been previously retained by a law enforcement agency to assist in the preparation of the criminal case at issue or have served in an investigative capacity for any party involved in the case; and
4. they have been involved in the choice of counsel or law firm for that case.
Interpreters should also disclose to the court and other parties when they have previously been retained for private employment by one of the parties in the case and should not serve in any matter in which payment for their services is contingent upon the outcome of the case.
An interpreter who is also an attorney should not serve in both capacities in the same matter. Similarly, attorneys, probation officers, investigators, police officers, sheriffs, therapists, social workers, advocates and other professionals should not interpret in any judicial proceeding or any court support service in which they are professionally involved with a party to the matter.
RULE 4: PROFESSIONAL DEMEANOR.
Interpreters shall conduct themselves in a manner consistent with the dignity of the court and shall be as unobtrusive as possible.
Comment
Interpreters should know and observe established protocol, rules and procedures for delivering interpreting services. They should speak at a rate and volume that enables them to be heard and understood throughout the courtroom, but their presence should otherwise be as unobtrusive as possible. They should not draw undue orinappropriate attention to themselves and should dress in a manner that is consistent with the dignity of the proceedings and the court. Interpreters are encouraged to avoid personal or professional conduct that could discredit or be embarrassing to the court.
RULE 5: CONFIDENTIALITY.
Interpreters shall protect the confidentiality of all privileged and other confidential information.
Comment
Interpreters must protect and uphold the confidentiality of all privileged information obtained during the discharge of their duties. Privileged information refers to confidential information that is protected from disclosure by law or statute, as listed in 42 Pa.C.S. §§ 4415 and 4436 and § 103 of these Regulations. They must be familiar with and understand the rules applicable to the handling of privileged and confidential information. It is especially important that interpreters understand and uphold the attorney-client privilege, which requires confidentiality with respect to any communication between attorney and client. Interpreters must also refrain from repeating or disclosing information obtained in the course of their employment that may be relevant to the legal proceeding.
In the event that an interpreter becomes aware of information that suggests imminent harm to someone or relates to a crime being committed during the course of the proceedings, the interpreter should immediately disclose the information to an appropriate authority within the judiciary who is not a party in the proceeding and seek advice in regard to the potential conflict in professional responsibility.
RULE 6: RESTRICTION FROM PUBLIC COMMENT.
Interpreters shall not publicly discuss, report, or offer an opinion concerning a matter in which they are or have been engaged, even when that information is not privileged or required by law to be confidential.
Comment
Even when communications are not privileged, interpreters should be mindful not to discuss a case while it is pending. An exemption to this rule would be if the interpreter is called upon to testify as a language expert. In such instances the interpreter should limit his or her opinion to strict matters of linguistic expertise such as the meaning and usage of specific words or culturally bound terms. When called upon to testify in court, the interpreter should request a ruling by the court upon the propriety of testimony on confidential matters. Also, if a disciplinary complaint or lawsuit arising out of interpretation services is filed against an interpreter, he or she may testify about relevant communications.
RULE 7: SCOPE AND LIMITATIONS OF PRACTICE.
Interpreters shall limit themselves to interpreting, transliterating or translating and shall not give legal advice, express personal opinions to individuals for whom they are interpreting, or engage in any other activities which may be construed to constitute a service other than interpreting, transliterating or translating while serving as an interpreter.
Comment
Since interpreters are responsible only for enabling others to communicate, they should limit themselves to the activity of interpreting, transliterating or translating only. They should not take a primary role in such communications and may take a secondary role only as necessary for assuring an accurate and faithful interpretation, transliteration or translation.
Interpreters may assume a secondary role when they find it necessary to speak directly to the court to seek assistance in performing their duties, e.g., requesting that speakers moderate their rate of communication or repeat or rephrase a statement, correcting an interpreting error, or notifying the court of their reservations about their ability to satisfy an assignment competently.
Interpreters should avoid activities that may be reasonably construed to constitute the practicing of law, e.g., giving legal advice or answering parties' questions that would ordinarily be answered by an attorney. An interpreter may convey legal advice from an attorney to a person only while the attorney giving it is present.
Interpreters should not explain the purpose of forms and services or otherwise act as counselors, advisors or advocates unless they are interpreting for someone who is acting in that official capacity. The interpreter may translate language on a form for a person who is filling out the form, but may not explain the form or its purpose for such a person.
Interpreters should not personally serve to perform official acts that are the official responsibility of other court officials including, but not limited to, court clerks, pretrial release investigators, interviewers, probation officers, hearing officers, or counselors.
RULE 8: ASSESSING AND REPORTING IMPEDIMENTS TO PERFORMANCE.
Interpreters shall assess at all times their ability to deliver their services. When interpreters have any reservation about their ability to satisfy an assignment competently, they shall immediately convey that reservation to the court or other appropriate judicial authority.
Comment
Interpreters should immediately notify the court if the communication mode or language of the LEP person cannot be readily interpreted or if the interpreter's language of expertise does not match that of the LEP person. They should also notify the court of any environmental or physical limitation that impedes or hinders their ability to deliver interpreting services adequately (e.g., too much noise in the courtroom, inability to hear the speaker or be heard by the LEP person, more than one person speaking at a time, or principals and witnesses speaking at a high rate of speed).
Sign language interpreters must ensure that they can both see and convey the full range of visual language elements necessary for communication, including facial expressions and body movement, as well as hand gestures.
Interpreters should inform the presiding officer of the need to take periodic breaks in order to maintain mental and physical alertness and prevent interpreter fatigue. They should also recommend and encourage the use of team interpreting whenever necessary.
Interpreters should refrain from accepting a case if they feel the language and subject matter is likely toexceed their skills or capacities. Even competent and experienced interpreters may encounter cases in which routine proceedings suddenly involve technical or specialized terminology unfamiliar to them. Interpreters should feel no compunction about notifying the presiding officer if they feel unable to perform competently, due to lack of familiarity with terminology, preparation or difficulty in understanding a witness or defendant.
Finally, interpreters should notify the court of any personal bias they may have involving any aspect of the proceedings which may prevent them from performing their duties according to these rules. For example, an interpreter who has been the victim of a sexual assault may wish to be excused from interpreting in cases involving similar offenses.
RULE 9: DUTY TO REPORT ETHICAL VIOLATIONS.
Interpreters shall report to the proper judicial authority any effort to impede their compliance with any law, any provision of these rules, or any other official policy governing court interpreting and legal translating.
Comment
Because users of interpreting services frequently misunderstand the proper role of the interpreter, they may ask or expect the interpreter to perform duties or engage in activities that run counter to the provisions of these rules or other laws, regulations, or policies governing court interpreting. It is incumbent upon the interpreter to inform such persons of the interpreter's professional obligations. If after having been apprised of these obligations, the person persists in demanding that the interpreter violate them, the interpreter should inform a supervisor, the judge, the court or another official with jurisdiction over interpreter matters to resolve the situation. Interpreters should report any solicitation or effort by another to induce or encourage them to violate any law, any provision of these rules, or any other standard governing interpreting, transliteration or translating promulgated by the Judiciary.
RULE 10: ACCEPTANCE OF COMPENSATION.
Interpreters shall accept no remuneration, gifts, gratuities or any other valuable consideration in excess of their authorized compensation in the performance of their official interpreting duties.
Comment
Interpreters should never accept any type of gifts, payment or compensation other than their due payment for services rendered. They should reject any offers of favors, presents, tips (monetary or otherwise), or other acknowledgement as a ''thank you'' for services rendered. Neither should they accept invitations to events where their presence, admission, or participation can be construed as remuneration for professional services or assistance rendered in the course of the discharge of their duties. Interpreters should never be perceived as taking advantage of knowledge or information obtained in the performance of their official duties, or by their access to court records, facilities or privileges, for their own or another's personal gain.
RULE 11: PROFESSIONAL DEVELOPMENT.
Interpreters shall continually improve their skills and knowledge and advance the profession through activities such as professional training and education, and interaction with colleagues and specialists in related fields.
Comment
Interpreters must continually strive to increase their knowledge of the languages they work professionally, including past and current trends in technical, vernacular and regional terminology as well as their application within court proceedings. They should also keep abreast of all statutes, rules of court and policies of the judiciary that relate to the performance of their professional duties.
An interpreter should seek to continually elevate the standards of the profession through participation in workshops, professional meetings, interaction with colleagues and reading current literature in the field.
RULE 12: AGREEMENT TO ABIDE BY THESE RULES.
Interpreters[,] and transliterators [and translators] working for the Unified Judicial System of Pennsylvania accept and agree to be bound by these rules, and understand that appropriate sanctions may be imposed by the ICP Administrator, hearing officer or Court Administrator for willful violations.
Comment
Upon completion of all certification requirements, interpreters shall be sworn in and issued a certificate attesting that they have successfully completed all program requirements. At the same time they will be asked to sign a copy of these rules of conduct which will then be placed in their permanent file. They will also receive a copy of the program's disciplinary policy.
Schedule G
Interpreting Fee Schedules
Pursuant to 42 Pa.C.S. § 4411(d) and § 4431(d), the Court Administrator establishes the following reasonable fee schedules for onsite and remote interpreting services rendered by certified and otherwise qualified interpreters in judicial proceedings and other court services. These fees apply to both foreign and sign language interpretation.
Onsite Interpreting Fee Schedule
| Interpreter Classification | Hourly
(2 hr. min.) | Half day
(3.5 hrs.) | Full day
(7 hrs.) |
|---|
| Master | $80 | $260 | $475 |
| Certified | $65 | $210 | $400 |
| Qualified | $45 | $140 | $270 |
| Conditional | $35 | $105 | $200 |
| Registered | $60 | $200 | $390 |
| Rare or Uncommon Languages and Interpreters from Resource Lists Provided by ICP | Interpreters in this category will be compensated based on their qualifications, experience, type of case and language within the parameters of the compensation schedule and the guidelines.
Note: Rare or uncommon languages are languages of low diffusion not listed in the ICP Roster. |
Miscellaneous Provisions
1. Minimum compensation. When hired at an hourly rate, interpreters are entitled to a two (2) hour minimum guaranteed compensation per assignment.
2. Assignments. An assignment is the contracted timeframe for which the interpreter is retained regardless of the number of cases scheduled within that timeframe. When interpreters are assigned to several cases at various courts in the same judicial district/county scheduled sequentially on the same day, that constitutes an assignment and compensation will be based on the total time worked in that district that day. The two (2) hour minimum applies per assignment not on a per case basis. A half day consists of three and a half (3.5) hours and a full day consists of 7 hours.
3. Cancellation. Cancellations are based on business days and exclude weekends and holidays.
a. Interpreters who receive at least forty-eight (48) hours advance notice of a cancellation, excluding weekends and holidays, are not entitled to a cancellation fee.
b. Hourly, half, and one day assignments. If cancellation occurs with less than forty-eight (48) hours' notice, excluding weekends and holidays, after the interpreter starts traveling to, or reports for an assignment, the cancellation fee shall be equivalent of two (2) hours pay based on the hourly rate and interpreter classification.
c. Multiple day assignments. When the interpreter is hired for an assignment lasting two (2) or more days, if cancellation occurs with less than forty-eight (48) hours' notice, excluding weekends and holidays, after the interpreter starts traveling to or reports for an assignment, the cancellation fee shall be equivalent to one (1) full day compensation for the first day and one (1) hour for each additional day based on interpreter classification. If a case ends before the contracted time (i.e., an interpreter is retained for three (3) day trial, but the case settles after the first day), an interpreter will be entitled to two (2) hours pay for each canceled day.
d. Interpreters will be entitled to reimbursement of any incurred expenses in accordance with Section 4.
e. When the interpreter cancels an assignment, there will be no compensation.
4. Mileage, parking, tolls, and travel.
a. Mileage will be paid at the prevailing rate in the county or court whenever the interpreter travels more than twenty-five (25) miles round trip to an assignment. If no mileage rate is set locally, mileage will be paid at the prevailing IRS rate. Tolls will be reimbursed with proof of payment (i.e., detailed bills evidencing payment, receipts, and/or canceled checks).
b. Parking will be paid when no free parking exists within a five (5)-block radius of the assignment location. No parking will be paid when free parking is provided.
c. Travel time will be paid when the interpreter travels more than two (2) hours round trip from the interpreter's normal business address or location to an assignment. Travel time will be paid at half the hourly compensation rate for the interpreter's classification.
d. Travel by public transportation. If travel by bus, train or plane is required, the interpreter is entitled to full reimbursement of travel costs.
e. Overnight accommodations. If overnight hotel accommodations are required for the completion of an assignment, this expense is reimbursable to the interpreter. Courts are encouraged to make the necessary reservations themselves at a local hotel close to the assignment location. The interpreter is also entitled to a per diem for overnight assignments based on the prevailing CONUS rates.
f. Proof of payment (i.e., detailed bills evidencing payment, receipts, and/or canceled checks) must accompany all requests for reimbursement.
5. Overtime. Overtime will be paid only when an assignment exceeds a full day (7 hours). Compensation will be in hourly increments, or fraction thereof, at one and a half (1.5) times the interpreter's hourly rate based on the interpreter contracted rate and credentialing level. Assignments that exceed the interpreter's contracted time but are less than seven (7) hours long will be paid in hourly increments, or fraction thereof, based on the interpreter-contracted rate and credentialing level.
6. Interpreting Equipment. Interpreters are not allowed to charge for the use of their own interpreting equipment. Courts are encouraged to purchase interpreting equipment and make it available to interpreters.
Remote Interpreting Fee Schedule
| Interpreter Classification | VIDEO & TELEPHONIC INTERPRETING RATES |
|---|
| Hourly up to 3.5 Hours | Half & Full Day |
First Hour
(Hourly rate)
(1 hr. min.) | Each Additional
15 Minutes
(1/4 hourly rate) | Half Day
(3.5 hrs.) | Full Day
(7 hrs.) |
| Master | $80 | $20 | $260 | $475 |
| Certified | $65 | $16.25 | $210 | $400 |
| Qualified | $45 | $11.25 | $140 | $270 |
| Conditional | $35 | $8.75 | $105 | $200 |
| Registered | $60 | $15 | $200 | $390 |
| Rare or uncommon languages and interpreters from resource lists provided by the ICP | Interpreters in this category will be compensated based on their qualifications, experience, type of case, and language within the parameters of the compensation schedule and the guidelines.
Note: Rare or uncommon languages are languages of low diffusion not listed in the ICP Roster. |
Miscellaneous Provisions
1. Cancellation. Cancellations are based on business days and exclude weekends and holidays.
a. Interpreters who receive at least forty-eight (48) hours advance notice of a cancellation, excluding weekends and holidays, are not entitled to a cancellation fee.
b. Hourly assignments. If cancellation occurs with less than forty-eight (48) hours' notice, excluding weekends and holidays, or after the interpreter reports for an assignment, the cancellation fee shall be equivalent to one (1) hour pay based on the hourly rate and interpreter classification.
c. Half and full day assignments. If cancellation occurs with less than forty-eight (48) hours' notice, excluding weekends and holidays, or after the interpreter reports for an assignment, the cancellation fee shall be equivalent to two (2) hours pay based on the hourly rate and interpreter classification.
d. When the interpreter cancels an assignment, there will be no compensation.
2. Compensation, time extensions, and overtime
a. Hourly Rate. The first hour is paid according to the table above. After the first hour, compensation will be paid in fifteen (15) minute increments at one quarter (1/4) of the hourly rate for the next two and a half (2.5) hours based on the interpreter credentialing level. Judicial districts are strongly encouraged to consider hiring at the half or full-day rate when assignments are expected to go over two (2) hours and when hiring for more than one case.
b. Half-day rate. Assignments that exceed the interpreter's contracted time, but are less than seven (7) hours long will be paid at half (1/2) the hourly rate in thirty (30) minute increments, or fraction thereof, based on the interpreter hourly rate and credentialing level.
c. Overtime. Additional compensation will be paid when an assignment exceeds the equivalent of a full day (7 hours). Compensation will be paid in hourly increments, or fraction thereof, based on the interpreter's hourly rate and credentialing level.
d. Remote assignments outside normal business hours (8am—5pm) via video or phone will be paid at one and a half (1.5) the hourly rate based on the interpreter credentialing level. A one and a half (1.5) hour minimum will apply. Additional time will be paid in thirty (30) minute increments at half (1/2) the hourly rate based on the interpreter credentialing level.
3. Time commitment
a. Interpreters should be notified about the expected length of the assignment by the court (language access coordinator or assignment clerk) when contracted. This will be based on the best estimate available to the court at the time of hiring. Interpreters must remain available for the duration of the contracted time unless they are released by the court prior to the expiration of their contracted time.
b. Interpreters are expected to allow at least a thirty (30) to forty-five (45) minute window between cases when contracting to provide services remotely. This will allow for a smooth transition between assignments. The exception is when cases are scheduled sequentially in the same judicial district.
c. When reporting for a remote assignment, the interpreter must always advise the court if they have another matter scheduled after the expected time commitment they agreed to when hired for the case.
d. Under no circumstances will the interpreter leave an on-going matter due to a scheduled conflict with an upcoming assignment without the consent of the presiding judicial officer. The interpreter must alert the presiding judicial officer of any possibility of a scheduling conflict and wait for the court to conclude the matter before withdrawing from the call. If necessary, the interpreter should be given an opportunity to inform their client for the next assignment that they are delayed.
e. Any interpreter that intentionally leaves a video or telephonic assignment without the consent of the presiding judicial officer and before the expiration of the agreed length of time, for which the interpreter was contracted, will not be compensated for any time worked on the case.
4. Equipment considerations
a. The interpreter shall have the necessary equipment, hardware, software, and internet broadband connection, to provide effective video and telephone interpretation and will maintain such equipment in proper working order. The equipment must be compatible with the various platforms and solutions used by judicial districts. The use of an ethernet connection, headphones, and microphones for providing video remote interpretation is preferred and considered a best practice.
b. A fast and secure wired connection is preferred for providing telephonic interpretation during both court proceedings and conference calls and when using a separate line to provide simultaneous interpretation during video calls. This is due to security and privacy concerns and to the unreliability and vulnerability of mobile devices and wireless signals. If a mobile wireless device is used, the interpreter must make sure they are in a location with a strong signal and are working within a secure network.
c. Interpretation should be provided from a quiet location free of noise and distraction, preferably from a designated space in the interpreter's office or home that also provides a neutral background and noise cancellation. Interpretation should never be done from a vehicle or while driving.
d. Interpretation should not be made over speakerphone when the interpreter is in a location that does not provide privacy and a quiet, secure environment.
e. Interpreters are not allowed to charge for the use of their own interpreting equipment.
EXPLANATORY REPORT
Amendments to the Regulations for Court Interpreters for Persons with Limited English Proficiency and for Persons Who Are Deaf or Hard of Hearing
The Administrative Office of Pennsylvania Courts is considering amendments to the regulations for court interpreters that would synthesize the regulations with the Language Access Plan for the Unified Judicial System (UJS Language Access Plan); revise restrictions related to remote interpreting; codify and amend the onsite interpreter fee schedule while providing increases to the current onsite interpreter rates; and establish a new remote interpreter fee schedule. AOPC developed the proposed amendments in consultation with its Language Access Monitoring and Evaluation Team and a group of rostered interpreters. The more substantive proposed amendments are detailed below.
The definition of a ''staff interpreter'' in § 102(r) was amended to exclude ''otherwise qualified'' interpreters. A definition for ''oral transliteration'' was added to § 102(s).
Section 103(i) was added to include confidential communications to human trafficking caseworkers on the list of communications about which an interpreter cannot be permitted or compelled to testify. Section 104(c) was revised to include reference to the Protection of Sexual Victims and Intimidation Act.
Section 104 has been revised to increase the maximum time limit of video remote and telephonic interpreting from 30 minutes to one hour and remove other restrictions. Section 104 was revised based on feedback received from the judicial districts and interpreters on the average length and type of cases currently being handled remotely.
Section 108(b) has been eliminated to comply with the Americans with Disabilities Act and regulations pursuant thereto and the Rehabilitation Act of 1973, which require public entities to provide sign language interpreters for free. See 42 U.S.C. § 12131, et seq.; 29 U.S.C. § 794; 28 C.F.R. § 35.160 (Subpart E—Communications).
Subchapter 2 was reorganized for clarity and includes new language codifying the UJS Language Access Plan's requirement that judicial districts utilize available mechanisms to track the need for an interpreter throughout the life of a case.
Section 311 replaces the reference to the former ''consortium'' with a reference to the present advisory body, the National Center for State Courts' Language Access Services Section, and updates the reciprocity guidelines.
Section 404(h) deletes the requirement for hearing officers to specifically enumerate the interpreter's right to appeal because no formal appeal process exists.
In Schedule B, the exam time frame was changed to 1 hour from 45 minutes for examinees to translate ten items. One hour was determined to be a fairer time allocation for completion of the test.
In Schedule C, the amount of time before a retake of the oral proficiency exam is permitted was shortened to six months from ''six to eight months'' following agreement between Conference of Language Access Coordinators members and National Center for State Courts that six months was sufficient time to prevent overexposure of test content. The full and abbreviated examination languages available were also updated.
Schedule D was clarified to provide that in order to pass the English Oral Proficiency Test, the examinee must have a Versant English Test Passing score 47. The TOEFL written test was also removed from the Table 2 because it was never used.
The oral exam retake fees have been codified in Schedule E.
In Schedule F, the term ''translate'' has been eliminated from the ''Applicability and Enforcement'' section because these rules govern only interpreters, not translators. Similar changes have been made to Rule 12.
Schedule G was added to codify revisions to the onsite interpreter and new remote interpreter fee schedules. The original onsite interpreter compensation schedule was promulgated in 2010 and posted on the UJS website. These changes were developed with input received from rostered interpreters through three virtual meetings held in fall 2020. The proposed schedules ensure that Pennsylvania remains competitive with the surrounding states by minimally increasing the onsite rates and providing greater clarity to the cancellation, travel, and overtime policies for both onsite and remote interpreting. The new remote interpreting fee schedule's one hour minimum is based upon the average length of remote interpreting sessions and the newly revised time limit for remote and telephonic interpreting set forth in § 104.
All comments and suggestions concerning this proposal are welcome.
[Pa.B. Doc. No. 21-795. Filed for public inspection May 21, 2021, 9:00 a.m.]
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