28 U.S.C. § 1827 : US Code - Section 1827: Interpreters in courts of the United States

Search 28 U.S.C. § 1827 : US Code - Section 1827: Interpreters in courts of the United States

(a) The Director of the Administrative Office of the United
States Courts shall establish a program to facilitate the use of
certified and otherwise qualified interpreters in judicial
proceedings instituted by the United States.
(b)(1) The Director shall prescribe, determine, and certify the
qualifications of persons who may serve as certified interpreters,
when the Director considers certification of interpreters to be
merited, for the hearing impaired (whether or not also speech
impaired) and persons who speak only or primarily a language other
than the English language, in judicial proceedings instituted by
the United States. The Director may certify interpreters for any
language if the Director determines that there is a need for
certified interpreters in that language. Upon the request of the
Judicial Conference of the United States for certified interpreters
in a language, the Director shall certify interpreters in that
language. Upon such a request from the judicial council of a
circuit and the approval of the Judicial Conference, the Director
shall certify interpreters for that circuit in the language
requested. The judicial council of a circuit shall identify and
evaluate the needs of the districts within a circuit. The Director
shall certify interpreters based on the results of criterion-
referenced performance examinations. The Director shall issue
regulations to carry out this paragraph within 1 year after the
date of the enactment of the Judicial Improvements and Access to
Justice Act.
(2) Only in a case in which no certified interpreter is
reasonably available as provided in subsection (d) of this section,
including a case in which certification of interpreters is not
provided under paragraph (1) in a particular language, may the
services of otherwise qualified interpreters be used. The Director
shall provide guidelines to the courts for the selection of
otherwise qualified interpreters, in order to ensure that the
highest standards of accuracy are maintained in all judicial
proceedings subject to the provisions of this chapter.
(3) The Director shall maintain a current master list of all
certified interpreters and otherwise qualified interpreters and
shall report periodically on the use and performance of both
certified and otherwise qualified interpreters in judicial
proceedings instituted by the United States and on the languages
for which interpreters have been certified. The Director shall
prescribe, subject to periodic review, a schedule of reasonable
fees for services rendered by interpreters, certified or otherwise,
used in proceedings instituted by the United States, and in doing
so shall consider the prevailing rate of compensation for
comparable service in other governmental entities.
(c)(1) Each United States district court shall maintain on file
in the office of the clerk, and each United States attorney shall
maintain on file, a list of all persons who have been certified as
interpreters by the Director in accordance with subsection (b) of
this section. The clerk shall make the list of certified
interpreters for judicial proceeding available upon request.
(2) The clerk of the court, or other court employee designated by
the chief judge, shall be responsible for securing the services of
certified interpreters and otherwise qualified interpreters
required for proceedings initiated by the United States, except
that the United States attorney is responsible for securing the
services of such interpreters for governmental witnesses.
(d)(1) The presiding judicial officer, with the assistance of the
Director of the Administrative Office of the United States Courts,
shall utilize the services of the most available certified
interpreter, or when no certified interpreter is reasonably
available, as determined by the presiding judicial officer, the
services of an otherwise qualified interpreter, in judicial
proceedings instituted by the United States, if the presiding
judicial officer determines on such officer's own motion or on the
motion of a party that such party (including a defendant in a
criminal case), or a witness who may present testimony in such
judicial proceedings -
(A) speaks only or primarily a language other than the English
language; or
(B) suffers from a hearing impairment (whether or not suffering
also from a speech impairment)
so as to inhibit such party's comprehension of the proceedings or
communication with counsel or the presiding judicial officer, or so
as to inhibit such witness' comprehension of questions and the
presentation of such testimony.
(2) Upon the motion of a party, the presiding judicial officer
shall determine whether to require the electronic sound recording
of a judicial proceeding in which an interpreter is used under this
section. In making this determination, the presiding judicial
officer shall consider, among other things, the qualifications of
the interpreter and prior experience in interpretation of court
proceedings; whether the language to be interpreted is not one of
the languages for which the Director has certified interpreters,
and the complexity or length of the proceeding. In a grand jury
proceeding, upon the motion of the accused, the presiding judicial
officer shall require the electronic sound recording of the portion
of the proceeding in which an interpreter is used.
(e)(1) If any interpreter is unable to communicate effectively
with the presiding judicial officer, the United States attorney, a
party (including a defendant in a criminal case), or a witness, the
presiding judicial officer shall dismiss such interpreter and
obtain the services of another interpreter in accordance with this
section.
(2) In any judicial proceedings instituted by the United States,
if the presiding judicial officer does not appoint an interpreter
under subsection (d) of this section, an individual requiring the
services of an interpreter may seek assistance of the clerk of
court or the Director of the Administrative Office of the United
States Courts in obtaining the assistance of a certified
interpreter.
(f)(1) Any individual other than a witness who is entitled to
interpretation under subsection (d) of this section may waive such
interpretation in whole or in part. Such a waiver shall be
effective only if approved by the presiding judicial officer and
made expressly by such individual on the record after opportunity
to consult with counsel and after the presiding judicial officer
has explained to such individual, utilizing the services of the
most available certified interpreter, or when no certified
interpreter is reasonably available, as determined by the presiding
judicial officer, the services of an otherwise competent
interpreter, the nature and effect of the waiver.
(2) An individual who waives under paragraph (1) of this
subsection the right to an interpreter may utilize the services of
a noncertified interpreter of such individual's choice whose fees,
expenses, and costs shall be paid in the manner provided for the
payment of such fees, expenses, and costs of an interpreter
appointed under subsection (d) of this section.
(g)(1) There are authorized to be appropriated to the Federal
judiciary, and to be paid by the Director of the Administrative
Office of the United States Courts, such sums as may be necessary
to establish a program to facilitate the use of certified and
otherwise qualified interpreters, and otherwise fulfill the
provisions of this section and the Judicial Improvements and Access
to Justice Act, except as provided in paragraph (3).
(2) Implementation of the provisions of this section is
contingent upon the availability of appropriated funds to carry out
the purposes of this section.
(3) Such salaries, fees, expenses, and costs that are incurred
with respect to Government witnesses (including for grand jury
proceedings) shall, unless direction is made under paragraph (4),
be paid by the Attorney General from sums appropriated to the
Department of Justice.
(4) Upon the request of any person in any action for which
interpreting services established pursuant to subsection (d) are
not otherwise provided, the clerk of the court, or other court
employee designated by the chief judge, upon the request of the
presiding judicial officer, shall, where possible, make such
services available to that person on a cost-reimbursable basis, but
the judicial officer may also require the prepayment of the
estimated expenses of providing such services.
(5) If the Director of the Administrative Office of the United
States Courts finds it necessary to develop and administer
criterion-referenced performance examinations for purposes of
certification, or other examinations for the selection of otherwise
qualified interpreters, the Director may prescribe for each
examination a uniform fee for applicants to take such examination.
In determining the rate of the fee for each examination, the
Director shall consider the fees charged by other organizations for
examinations that are similar in scope or nature. Notwithstanding
section 3302(b) of title 31, the Director is authorized to provide
in any contract or agreement for the development or administration
of examinations and the collection of fees that the contractor may
retain all or a portion of the fees in payment for the services.
Notwithstanding paragraph (6) of this subsection, all fees
collected after the effective date of this paragraph and not
retained by a contractor shall be deposited in the fund established
under section 1931 of this title and shall remain available until
expended.
(6) Any moneys collected under this subsection may be used to
reimburse the appropriations obligated and disbursed in payment for
such services.
(h) The presiding judicial officer shall approve the compensation
and expenses payable to interpreters, pursuant to the schedule of
fees prescribed by the Director under subsection (b)(3).
(i) The term "presiding judicial officer" as used in this section
refers to any judge of a United States district court, including a
bankruptcy judge, a United States magistrate judge, and in the case
of grand jury proceedings conducted under the auspices of the
United States attorney, a United States attorney.
(j) The term "judicial proceedings instituted by the United
States" as used in this section refers to all proceedings, whether
criminal or civil, including pretrial and grand jury proceedings
(as well as proceedings upon a petition for a writ of habeas corpus
initiated in the name of the United States by a relator) conducted
in, or pursuant to the lawful authority and jurisdiction of a
United States district court. The term "United States district
court" as used in this subsection includes any court which is
created by an Act of Congress in a territory and is invested with
any jurisdiction of a district court established by chapter 5 of
this title.
(k) The interpretation provided by certified or otherwise
qualified interpreters pursuant to this section shall be in the
simultaneous mode for any party to a judicial proceeding instituted
by the United States and in the consecutive mode for witnesses,
except that the presiding judicial officer, sua sponte or on the
motion of a party, may authorize a simultaneous, or consecutive
interpretation when such officer determines after a hearing on the
record that such interpretation will aid in the efficient
administration of justice. The presiding judicial officer, on such
officer's motion or on the motion of a party, may order that
special interpretation services as authorized in section 1828 of
this title be provided if such officer determines that the
provision of such services will aid in the efficient administration
of justice.
(l) Notwithstanding any other provision of this section or
section 1828, the presiding judicial officer may appoint a
certified or otherwise qualified sign language interpreter to
provide services to a party, witness, or other participant in a
judicial proceeding, whether or not the proceeding is instituted by
the United States, if the presiding judicial officer determines, on
such officer's own motion or on the motion of a party or other
participant in the proceeding, that such individual suffers from a
hearing impairment. The presiding judicial officer shall, subject
to the availability of appropriated funds, approve the compensation
and expenses payable to sign language interpreters appointed under
this section in accordance with the schedule of fees prescribed by
the Director under subsection (b)(3) of this section.