RD2 - Voluntary Certification Process for Spanish Language Interpreters Serving Virginia's Courts


Executive Summary:
The 1994 General Assembly adopted Senate Joint Resolution No. 93 requesting that the Judicial Council of Virginia evaluate several policy issues relating to the use of foreign language interpreters in judicial proceedings in the Commonwealth. As a result, a two-phased effort was undertaken. The first phase involved the completion of a comprehensive examination of (1) the need for such interpreters in civil matters; (2) training and certification requirements of interpreters; (3) courtroom training for interpreters, judges, personnel of clerks' offices and attorneys; (4) the legal issues which may arise from the use of interpreters; and (5) the fiscal impact of such a program. A study of these issues was prepared under the auspices of the Council's Judicial Administration Committee and presented to Council during its December, 1994 meeting. Council approved the transmittal of the report to the Governor and 1995 General Assembly.

During the 1995 Session, the Joint Legislative Subcommittee Studying the Needs of Foreign-Born Individuals in the Commonwealth met to consider the Council's report. While the Joint Subcommittee did not pursue funding for expansion of interpreter services in civil cases, it did urge Council to continue with the second phase of the effort. In addition, the legislature adopted House Joint Resolution No. 599, which continued the life of the Joint Subcommittee in 1995 in part so that members could oversee the completion of the two second phase activities. They are (1) developing a testing and certification program for interpreters to better ensure their competence to perform such services; and (2) providing training to judges and court system personnel in the handling of interpreted proceedings. A sum of $50,000 was appropriated under the original resolution for the implementation of these activities.

In March, 1995 the Council met and adopted a plan for the development and implementation of the certification process. In so doing the Council decided to begin with the Spanish language because it is the most frequently spoken language in cases involving non-English speaking persons in court proceedings in Virginia. Further, given that the current statute provides for the determination of competency for foreign language interpreters to be in the discretion of the judge, the Council decided to initiate the certification process as voluntary for participants. The end product of this process will be the distribution of a list of Spanish language interpreters who have satisfied the certification requirements. All courts will be encouraged to utilize certified interpreters but there will be no requirement that they do so.

This document describes (1) the requirements for certification; (2) the steps taken to implement the process statewide; and (3) the results to date. Training programs for judges and court personnel have been developed and offered in I 995 and will be continued in 1996.