2.01
Accounting Section of the Fiscal Department (Accounting) handles encumbrance and payment status, prior year deficiency payments and vendor inquiries regarding payments for per diem court interpreters.
2.02
American Sign Language (ASL) is a visual-gesture language created for DHH individuals and used by Deaf Americans and Anglophone Canadians of allages.
2.03
Applicant is a person who submits qualifications to OLA to be considered for inclusion as a per diem court interpreter. The term applicant is used throughout the screening, credentialing, training and mentorship processes.
2.04
Appropriate Court Authority refers to judges, clerks, registers, recorders, judicial case managers, their assistants, probation officers, court officers, Language Access Liaisons and other court staff.
2.05
Compensable Time means a “half-day” rate, which shall be paid for a work period of up to and including four (4) hours of compensable time, excluding time worked during lunch; a “full-day” rate shall be paid for a period of more than four (4) hours and up to seven (7) hours of compensable time, excluding time worked during lunch.1 A half-day can be either a morning or afternoon assignment.
2.06
Consecutive Interpretation means relaying a message from one language into another in a sequential manner after the speaker has completed a statement.
2.07
Court Interpreter is a person who interprets for LEP or DHH individuals involved in a court event as assigned by OLA or by MCDHH. Court interpreters must accurately interpret for the parties without editing or summarizing, interpret simultaneously and consecutively, provide sight translation of written documents consistent with Section 4.11(B) (3) and (4), and understand and comply fully with Section 4, the Code of Professional Conduct for Court Interpreters of the Trial Court.
2.08
Court Interpreter Assignments are any court events assigned to a court interpreter to provide language access services.
2.09
Court Event means all court proceedings and court-managed or court-related operations as well as communication with court-appointed or court-supervised personnel. A court event also includes, but is not limited to:
- courtroom sessions;
- telephone calls;
- video conferencing;
- register or clerk office operations;
- mediations, negotiations, and settlement meetings;
- Court Service Center assistance, and
- probation services meetings.
2.10
Cultural Fluency refers to the awareness and full comprehension of cultural factors, including but not limited to, expectations, attitudes, values, roles, institutions, and linguistic differences and similarities.
2.11
Daily Service Invoice (DSI) is the electronic invoice used by per diem interpreters for billing purposes to obtain payment for their services.
2.12
Emergency Notice. OLA email addresses are to be used for:
- (A) Court interpreters to notify OLA they will be late for or will be unable to complete an assignment;
- (B) Language Access Liaisons or other court personnel to notify OLA that a scheduled court interpreter did not arrive on time or did not fulfill the assignment as scheduled; and
- (C) Language Access Liaisons or other court personnel to request a court interpreter for an immediate and unexpected event. All other requests for court interpreter services shall be made through MassCourts.
2.13
Extraordinary Interpreter Request (EIR) is a written notification used in extraordinary circumstances to request approval to contract with an out-of-state interpreter for interpreting services or whenever additional expenses are needed to secure the services of an interpreter.
2.14
Federally Certified Court Interpreter is a Certified Interpreter who has passed the Federal Court Interpreter Certification Examination and is qualified to interpret in the federal courts by the United States District Court for the District of Massachusetts.
2.15
Foreign Language means a language other than English.
2.16
Interpretation is the unrehearsed transmitting of a spoken language to another language.
2.17
Judge, Justice, Clerk-Magistrate or Register, when acting in a magisterial capacity of a Trial Court department, is someone who has been sworn into that office pursuant to the laws of the Commonwealth.
2.18
Language Access Coordinator is a Trial Court employee who is designated by the Chief Justice of the Trial Court to coordinate the implementation of the Language Access Plan, to respond to language access complaints, and to serve as the point person for the Trial Court in the national Council of Language Access Coordinators (CLAC) of the National Center for State Courts.
2.19
Language Access Liaison (LAL) is a Trial Court employee who has oversight responsibilities within a court department location. The LAL knows where court interpreters are needed each day and is available to answer inquiries from the OLA scheduling department about current requests and assignments.
2.20
Language Access Plan (LAP) is a plan that was adopted by the Massachusetts Trial Court in December of 2014 to provide comprehensive services for Limited English Proficient (“LEP”) individuals. The LAP sets forth an action plan for the Trial Court to remove language barriers to the delivery of justice in compliance with Massachusetts and federal law prohibiting discrimination based on national origin, which includes language.
2.21
Legal Equivalence means a linguistically true and legally accurate interpretation. Interpreters must be able to interpret with exactitude while accurately reflecting a speaker’s nuances and level of formality. The interpreter must interpret the original source material without editing, summarizing, deleting, or adding, while conserving the language level, style, tone and intent of the speaker.
2.22
Limited English Proficient (LEP) refers to individuals who do not speak English as their primary language and have a limited ability to read, speak, write, or understand English.
2.23
Mental Fatigue is the decline in mental capacity that limits the performance of an interpreter or of a team of interpreters. Mental fatigue can harm the accuracy and completion of an interpreter’s performance. Factors that can induce mental fatigue include but are not limited to the nature of a proceeding, complexity of the case, speed of discourse, terminology, and other factors. Therefore, breaks are required to avoid mental fatigue, as the quality of the interpreter’s service will diminish over time.
2.24
Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH) is a statutory agency under G.L. c. 6, § 191, et seq., which serves as the principal agency of the Commonwealth on behalf of DHH individuals. The agency provides services to the DHH population, including but not limited to, interpreting services under G.L. c. 6, § 194.
2.25
Mentor is an experienced OLA court interpreter who is assigned by OLA management to work with an applicant to become a per diem court interpreter. The mentor assists the applicant in developing both proficiency in court interpretation and familiarity with these Standards and Procedures.
2.26
Office of Language Access (OLA) (formerly known as the Office of Court Interpreter Services) administers the provision of all spoken language interpreter services to the Trial Court. This office is responsible for the training, certification, assignment and supervision of spoken language court interpreters who provide interpretation services for court events. OLA also receives requests for ASL or DHH interpreters following the procedures set forth in Section 8 of these Standards and Procedures.
2.27
Office of Court Management (OCM) is created by G.L. c. 211B, § 6B and is the administrative office through which the Court Administrator supports and manages the Trial Court of the Commonwealth.
2.28
OLA Certified Court Interpreter is an interpreter that has been certified by OLA (or its predecessor OCIS), or passed the National Center for State Courts Certification Examination as reflected in Section 5:07 (C)-(E) or qualifies as a Federally Certified Court Interpreter under § 2.14 or alternatively, an interpreter for whom OLA has waived the requirements under Section 5.07(F).
2.29
“On Call” Interpreter Assignments are court interpreter assignments that cover, on an as-needed, daily basis, certain unanticipated and/or emergency situations for which it was not possible to request an interpreter in advance through MassCourts.
2.30
Per Diem Court Interpreter is a court interpreter who is assigned as needed from the list of court interpreters developed and maintained by OLA pursuant to Section 9.02. Per diem interpreters are not Trial Court employees. Per diem interpreters who currently reside out of state but who previously performed interpreting services for the Trial Court as Massachusetts per diem interpreters for at least thirty-six (36) months immediately prior to relocating will be treated as in-state per diem interpreters.
2.31
Proficient Court Interpreter I and II are court interpreters who have completed the requirements set forth in Sections 5.07(A) and (B), respectively, of these Standards and Procedures.
2.32
Regional Coordinators are experienced staff interpreters assigned and supervised by OLA management to coordinate interpreter services in their designated regions. Regional Coordinators serve as the OLA contact with Language Access Liaisons and other court personnel. Regional Coordinators are on-site supervisors performing supervisory and administrative duties. Regional Coordinators also perform interpreting services.
2.33
Remote Interpreting refers to interpreting that is performed either by telephone or video equipment, which is referred to as Video Remote Interpreting (VRI).
2.34
Sight Translation is a hybrid type of interpretation/translation in which the court interpreter reads a document written in one language while reading it out loud into another language.
2.35
Simultaneous Interpretation is the relaying of a message from one language into another language contemporaneously with the speaker.
2.36
Source Language is the language of the original speaker. It is a relative term, depending on who has spoken last. (This also applies to written translations.)
2.37
Staff Interpreter is a Trial Court employee who works under the supervision of the of OLA Management and provides interpretation and translation services to LEP individuals involved in court events in accordance with these Standards and Procedures.
2.38
Target Language is the language into which an interpretation or translation is made.
2.39
Team Interpreting is the utilization of two interpreters functioning as equal members of a team, rotating responsibilities at pre-arranged intervals, and providing support and feedback to each other.
2.40
Translation means the conversion of a written text from one language into written text in another language.