14.01 The Electronic Docket
When court events requiring interpreter services are scheduled, requests for interpreters, including court interpreters for LEP individuals and ASL and DHH interpreters for DHH individuals, must be entered into MassCourts via the Event Maintenance screen. Case files must be marked clearly on the outside to indicate that court interpreters are required for the duration of the case.
14.02 The Roles and Responsibilities of Interpreters
Prior to the commencement of interpreter assignments, interpreters must have the opportunity to explain their roles and responsibilities to the individuals for whom they will be interpreting. Additionally, interpreters will communicate briefly with the individuals to ensure understanding of differences such as accents, dialect, pronunciation, expressions and signs. Interpreters must inform the appropriate court authority of any conflict or lack of comprehension between them and the individuals for whom they will be interpreting.
14.03 Interpreter’s Oath
Pursuant to G.L. c. 221C, § 4(a), a judge or a clerk in the session must give the oath to the interpreter. This may be done at the beginning of the court event or at the beginning of the interpreter’s workday. If given at the beginning of the workday, the oath extends for the duration of the interpreter’s assignments as an officer of the court on that day.
Prior to taking the oath, court interpreters must identify themselves to the court and report whether OLA has classified them as a proficient, certified or qualified interpreter.
Prior to taking the oath, ASL and DHH interpreters must identify themselves and report whether MCDHH has classified them as legally qualified interpreters or intermediary interpreters. The language of the oath is as follows:
“Do you solemnly swear or affirm that you will make true and impartial interpretation using your best skill and judgment in accordance with the standards prescribed by law and the ethics of the interpreter profession?” See G.L. c. 221C, § 4(a).
14.04 Waiver of the Right to an Interpreter
LEP individuals and DHH individuals may waive the right to have interpreters in court events.
- (A) Only a judge may approve the request of a LEP individual to waive the right to a court interpreter. Before approving a waiver, the judge must explain the nature and effect of the waiver in open court, on the record and through a court interpreter. After this inquiry, the waiver will be granted only if the judge finds that the waiver is knowingly and voluntarily made. See G.L. c. 221C, § 3(a). If represented by counsel, LEP individuals must first consult with their counsel before judges will approve their waivers.
- (B) LEP individuals may rescind their waivers of the right to a court interpreter at any time and then may request court interpreter services. Failure to request a court interpreter does not constitute a waiver of such right. See G.L. c. 221C, § 3(b).
- (C) ADHH individual may waive the right to an interpreter only if the court finds that the waiver is made knowingly, voluntarily, and intelligently. The DHH individual must execute the waiver in writing. When the DHH individual seeking the waiver is represented by counsel, counsel must provide written approval before the court will grant the waiver. The failure of a DHH individual to request a court interpreter does not constitute a waiver of the right to request an ASL or DHH interpreter. See G.L. c. 221, § 92A.
14.05 Use Only OLA-Assigned or MCDHH-Assigned Court Interpreters
Family members, children, friends, counsel, advocates and others who are not OLA-assigned court interpreters or MCDHH-assigned ASL or DHH interpreters must not be utilized to interpret for LEP and DHH individuals in court events or to communicate with court-appointed or court-supervised personnel. Courts must contact OLA for emergent language needs.
14.06 Multiple LEP or DHH Parties
When there are multiple parties who need interpreter services, one interpreter, using appropriate equipment, may interpret for all of them. If the proceedings are lengthy, team interpreting may be needed (see section 9.03). Team interpreting does not mean that both interpreters are actively interpreting at the same time; they may take turns and monitor/assist each other. Courts should consult interpreters regarding how team interpreting is to be implemented for any given matter.
- (A) When witnesses and parties in the same court events require interpreter services, judges or other appropriate court authorities must consider whether separate interpreters must be assigned to allow parties to communicate with counsel as necessary in a timely manner.
- (B) If judges or other appropriate court authorities have determined that the parties have interests that are in conflict, then they must consider whether to provide separate interpreters or use best practices for such a situation. Interpreters are impartial and may be used to interpret for any party or combination of parties, as long as attorney-client confidentiality is preserved.
14.07 Mode of Address
LEP and DHH individuals should be addressed using the 2nd person, not the 3rd, e.g.. “what is your name?” and not “ask him what his name is.”
14.08 Positioning of Interpreters
Interpreters shall be positioned with the LEP and DHH individuals to ensure that they are able to clearly communicate with one another. Interpreters shall be positioned so that the interpreters, the LEP individuals, the DHH individuals, and other participants in the court events (for example, judge, jury, and counsel) are able to hear or (in the case of DHH individuals) to see each other.