S T A T E O F N E W Y O R K
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4657
2011-2012 Regular Sessions
I N A S S E M B L Y
February 4, 2011
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Introduced by M. of A. LANCMAN -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the judiciary law, in relation to enacting the "language
barrier to justice elimination act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "language
barrier to justice elimination act".
S 2. Section 386 of the judiciary law, as amended by chapter 259 of
the laws of 1909 and as renumbered by chapter 649 of the laws of 1945,
is amended to read as follows:
S 386. Appointment and compensation of court interpreters generally.
The county judge and the district attorney of the county may appoint one
interpreter, who shall act as and be the court interpreter for such
county. Such interpreter shall hold office during the pleasure of the
county judge and district attorney and they shall appoint his OR HER
successor in office. Said interpreter shall receive a salary to be
fixed by the board of supervisors of said county, which shall be a
charge upon the county, to be paid monthly, in the same manner as other
county officials are paid. Said interpreter so appointed shall, before
entering upon his OR HER duties, file in the office of the county clerk,
the constitutional oath of office, AND AN AFFIDAVIT UNDER OATH OR AFFIR-
MATION TO MAKE A TRUE AND IMPARTIAL INTERPRETATION OF PROCEEDINGS IN AN
UNDERSTANDABLE MANNER USING SUCH INTERPRETER'S BEST SKILLS AND JUDGMENT
IN ACCORDANCE WITH THE STANDARDS FOR PROFESSIONAL CONDUCT AND ETHICAL
BEHAVIOR FOUND AND REINFORCED IN THE UCS COURT INTERPRETER MANUAL AND
THE COURT INTERPRETER CANONS OF PROFESSIONAL RESPONSIBILITY. COURT
INTERPRETERS SHALL PARTICIPATE IN TRAINING PROGRAMS PROVIDED BY THE
COURT SYSTEM FOR COURT PERSONNEL ON ETHICS, DOMESTIC VIOLENCE AND
CULTURAL SENSITIVITY. The provisions of this section, however, shall
not apply to the counties of New York, Kings and Queens, nor to any
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02158-02-1
A. 4657 2
other county in which the appointment or compensation of court inter-
preters therein is governed by a special or local act or by any special
provision of a general act.
S 3. Section 387 of the judiciary law, as amended by chapter 15 of the
laws of 1975, is amended to read as follows:
S 387. Temporary appointment of interpreters. If the services of an
interpreter be required in any court and there be no unemployed official
interpreter to act therein, the court may appoint an interpreter to act
temporarily in such court. Such interpreter shall before entering upon
his duties file with the clerk of the court the constitutional oath of
office, AND AN AFFIDAVIT UNDER OATH OR AFFIRMATION TO MAKE A TRUE AND
IMPARTIAL INTERPRETATION OF PROCEEDINGS IN AN UNDERSTANDABLE MANNER
USING SUCH INTERPRETER'S BEST SKILLS AND JUDGMENT IN ACCORDANCE WITH THE
STANDARDS FOR PROFESSIONAL CONDUCT AND ETHICAL BEHAVIOR FOUND AND REIN-
FORCED IN THE UCS COURT INTERPRETER MANUAL AND THE COURT INTERPRETER
CANONS OF PROFESSIONAL RESPONSIBILITY. COURT INTERPRETERS SHALL PARTIC-
IPATE IN TRAINING PROGRAMS PROVIDED BY THE COURT SYSTEM FOR COURT
PERSONNEL ON ETHICS, DOMESTIC VIOLENCE AND CULTURAL SENSITIVITY. The
court shall fix the compensation of such interpreter at not more than
twenty-five dollars per day for each day's actual attendance by direc-
tion of the presiding judge or justice and such compensation shall be
paid from the court fund of the county upon the order of the court.
S 4. The judiciary law is amended by adding two new sections 381 and
382 to read as follows:
S 381. STANDARDS AND FUNCTIONS OF COURT INTERPRETERS. 1. A QUALIFIED
INTERPRETER IS A PERSON WHO IS: (A) ABLE TO COMMUNICATE WITH NON-ENGLISH
SPEAKING PERSONS TO ORALLY TRANSFER THE MEANING OF STATEMENTS TO AND
FROM ENGLISH AND THE LANGUAGE SPOKEN BY A NON-ENGLISH SPEAKING PERSON;
(B) INTERPRET IN A MANNER THAT CONSERVES THE MEANING, TONE, LEVEL AND
REGISTER OF THE ORIGINAL STATEMENT WITHOUT SUBSTANTIVE ADDITIONS OR
OMISSIONS; AND
(C) PERFORMS HIS OR HER DUTIES IN CONFORMANCE WITH THE STANDARDS OF
PROFESSIONAL CONDUCT AND ETHICAL BEHAVIOR FOUND AND REINFORCED IN THE
UCS COURT INTERPRETER MANUAL AND THE COURT INTERPRETER CANONS OF PROFES-
SIONAL RESPONSIBILITY.
2. ANY PERSON SERVING AS A COURT INTERPRETER PURSUANT TO THE
PROVISIONS OF THIS ARTICLE SHALL, IN ANY PROCEEDING BEFORE A COURT,
STATE AGENCY OR HEARING OFFICER, STATE OR SUBMIT SUCH PERSON'S QUALI-
FICATIONS ON THE RECORD, UNLESS WAIVED OR OTHERWISE STIPULATED TO BY THE
PARTIES OR COUNSEL TO THE PARTIES PRIOR TO SUCH PROCEEDING.
3. A NON-ENGLISH SPEAKING PERSON SHALL BE ENTITLED TO THE SERVICES OF
A QUALIFIED COURT INTERPRETER APPOINTED BY A COURT OR STATE AGENCY IN A
CRIMINAL OR CIVIL PROCEEDING, AND SUCH COURT OR STATE AGENCY SHALL,
UNLESS WAIVED PURSUANT TO SECTION THREE HUNDRED EIGHTY-TWO OF THIS ARTI-
CLE, APPOINT A QUALIFIED COURT INTERPRETER IN A CIVIL OR CRIMINAL
PROCEEDING TO: (A) INTERPRET THE PROCEEDINGS TO A NON-ENGLISH SPEAKING
PARTY;
(B) INTERPRET THE TESTIMONY OF A NON-ENGLISH SPEAKING PARTY OR
WITNESS;
(C) ASSIST THE COURT, AGENCY OR HEARING OFFICER IN PERFORMING DUTIES
AND RESPONSIBILITIES OF THE COURT, AGENCY OR HEARING OFFICER IN ANY
PROCEEDING INVOLVING ONE OR MORE PARTIES WHO ARE NON-ENGLISH SPEAKING
PERSONS.
S 382. WAIVER OF COURT INTERPRETER. 1. WAIVER OF THE RIGHT TO AN
INTERPRETER BY A NON-ENGLISH SPEAKING PARTY TO A PROCEEDING SHALL BE
EFFECTIVE ONLY WHEN APPROVED BY A JUDGE OR HEARING OFFICER AFTER SUCH
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NON-ENGLISH SPEAKING PARTY HAS CONSULTED WITH COUNSEL, RECEIVED ORAL
COUNSEL FROM A JUDGE OR HEARING OFFICER IN OPEN COURT AS TO THE NATURE
AND EFFECT OF SUCH WAIVER, AND HAS DEMONSTRATED, TO THE SATISFACTION OF
SUCH JUDGE OR HEARING OFFICER, COMPREHENSION OF SUCH NATURE AND EFFECT
AND THAT SUCH WAIVER IS KNOWINGLY AND VOLUNTARILY MADE. FOLLOWING
APPROVAL OF A WAIVER, A JUDGE OR HEARING OFFICER SHALL ENSURE THAT A
RECITATION OF THE WAIVER PROCEDURE PURSUANT TO THIS SECTION IS MADE PART
OF THE RECORD OF SUCH PROCEEDING.
2. THE FAILURE OF A NON-ENGLISH SPEAKING PERSON TO REQUEST AN INTER-
PRETER SHALL NOT BE DEEMED A WAIVER OF SUCH RIGHT. ANY NON-ENGLISH
SPEAKING PERSON MAY RETRACT A WAIVER MADE PURSUANT TO SUBDIVISION ONE OF
THIS SECTION AT ANY TIME DURING THE PROCEEDING AND INDICATE HIS OR HER
DESIRE TO BE ASSISTED BY A QUALIFIED INTERPRETER.
S 5. This act shall take effect immediately.