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Standards and Procedures of the Office of Language Access: Section 5.00: Recruitment, Application Process, Minimum Requirements, Screening, and Credentialing of Court Interpreters

Section 5.00 of the 2024 Standards and Procedures of the Office of Language Access

Recruitment, Application Process, Minimum Requirements, Screening, and Credentialing of Court Interpreters3

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5.01 Recruitment

OLA recruits court interpreters and administers the pre-certification screening examination and the certification program pursuant to G.L. c. 221C, § 7.

5.02 Application Process for Staff Court Interpreters

The application process for staff court interpreters is set forth in §4.000 of the Trial Court’s Personnel Policies and Procedures Manual (PPPM).

5.03 Application Process for Per Diem Court Interpreters

  • (A) Applicants must complete and submit an Application Questionnaire. A copy of the Application Questionnaire must be submitted electronically by email to languageaccess@jud.state.ma.us.
  • (B) OLA Management will review the Application Questionnaire to determine if an applicant meets the minimum requirements to participate in the screening and training process.
  • (C) OLA Management will notify applicants of the status of their applications by email.
     

5.04 Minimum Requirements for Per Diem Court Interpreters

The minimum requirements for applicants to be considered are (although exceptions may be made in extraordinary circumstances, such as with oral languages with only a recent or no history of written codification) as follows:

  • (A) Bachelor’s degree earned in the United States, or an equivalent higher education degree where general instruction is conducted in the applicant’s language and/or English;
  • (B) Eligibility to work in the United States;
  • (C) Scores of “superior,” or “advanced high” or “12” from an approved Oral Proficiency Interview (OPI) in the language(s) for which the applicant is to be screened, provided it is available in such language(s); and
  • (D) Prior interpreting experience will be taken into consideration, but lack of such experience will not automatically be grounds for rejecting an application.
  1. Interested applicants who have not taken an OPI must initiate the process to take the OPI. When no OPI is available in an applicant’s language, OLA may conduct other language proficiency assessments during the screening period.
     

5.05 Waiver

OLA may waive an OPI or the requirements in Section 5.07(A), (B) and (C) if applicants have been certified by the Federal Court’s Interpreter Program, by another state upon completion of an exam from the National Center for State Courts, or if the applicants have an appropriate alternative credential acceptable to OLA that attests to their interpreting language skills at a certified level.

5.06 Screening of Staff and Per Diem Court Interpreters

After applicants successfully complete the steps outlined in Sections 5.02 and 5.03 above, OLA Management may invite them to participate in the screening process set forth in this section.

  • (A) The screening process includes an interview and review of the applicant’s academic background, language proficiency, and prior interpreting/translating experience. In addition to the previously listed credentials, OLA Management will also evaluate the applicant’s understanding of the important role court interpreters play in facilitating language access for LEP individuals.
  • (B) During the interview, OLA Management will assess the English speaking and writing skills of the applicants as well as their competency to serve as court interpreters. OLA requires that applicants provide their official academic transcripts, official certifications of language proficiency, official documentation of training program completions, and copies of two official government-issued ID cards either at or before their interview.
  • (C) Applicants must submit a completed and signed “Employment Eligibility Verification” form, which will be provided to them prior to the interview.
  • (D) As part of the screening process, applicants must submit completed and signed “Consent to Criminal Record Check” CORI forms. Criminal record checks will be conducted consistent with applicable laws. Pursuant to Trial Court policy, applicants will not be eligible to continue in the screening process to become court interpreters if they have been convicted of a felony or of a misdemeanor resulting in incarceration, and the end date of such incarceration is within the 5-year period immediately preceding the date of his/her application to OLA.
  • (E) Every two years all per diem interpreters must complete and sign a new “Consent to Criminal Record Check” CORI form to continue serving as a court interpreter.

5.07 Credentialing of Per Diem Court Interpreters

(A) OLA Proficient Court Interpreter I.

To acquire OLA Proficient Court Interpreter status, applicants must meet the following requirements:

  1. Full and successful completion of the screening process;
  2. Full and successful participation in the Mandatory Orientation and Training Program and successful completion of all required materials and activities;
  3. Full and successful completion of the Mentoring Program, including a positive evaluation from his/her/their mentor(s);
  4. Demonstrated compliance with applicable sections of these Standards and Procedures; and
  5. Provide three letters of recommendation regarding the applicant’s interpreting services performed within the past year.

(B) OLA Proficient Court Interpreter II.

To acquire OLA Proficient Court Interpreter II status, the applicant must meet the following requirements:

  1. Completion of all requirements for OLA Proficient Court Interpreter I in paragraphs (1) through (5) in paragraph (A) above;
  2. Successful work experience as a Proficient Court Interpreter I with OLA for a minimum of one year; and
  3. A minimum passing grade for all parts of the NCSC English Proficiency Written Examination. The Written Exam measures recognition of common court-related situations, vocabulary with a focus on the criminal courts, and tests ethical behavior and professional conduct. Written exams approved in Massachusetts include:

OLA will provide additional information on how to register and prepare for the Written Exam.

(C) OLA Certified Court Interpreter.

To acquire OLA Certified Court Interpreter status, the applicant must meet the following requirements:

  1. Completion of all requirements for OLA Proficient Court Interpreter I and II;
  2. Successful work experience as a Proficient Court Interpreter II with OLA for a minimum of one year; and
  3. Pass all parts of the NCSC Oral Certification Examination, which measures language knowledge and fluency in both languages and the ability to successfully render meaning from target to source language in each of the three modes of interpreting that are required of court interpreters, simultaneous interpreting, consecutive interpreting, and sight translation.4Oral certification exams approved in Massachusetts include:
  • i. The Federal certification oral exam (Administrative Office of the United States Courts) in whichever languages are available. For information on the Federal certification oral exams, visit the Federal Court Interpreter Certification Exam website.
  • ii. State certification oral exams developed by the National Center for State Courts (NCSC). To obtain more information on the content and administration of NCSC oral exams, visit the NCSC’s website.

(D) Certification of Applicants through Alternative Oral Interpreter Examination.

Applicants may request that OLA Management consider a passing grade on an alternative oral interpretation examination. OLA Management may accept it if it determines that the alternative examination complies with the highest standards of the court interpreter profession and the applicant presents official documentation of their grades.

(E)  Achieving OLA Certified Interpreter Status When There Is No Approved Oral Examination.

Certification of applicants who interpret in languages for which there are no approved oral certification examinations, and who have completed all requirements set forth in Section 5.06(A) and (B) above, may still apply for status as an OLA certified court interpreter.

To acquire OLA Certified Court Interpreter status in the absence of any oral exam, the candidate must meet the following requirements:

  1. Completion of all screening requirements set forth above in Sections 5.05;
  2. A minimum of two years of work experience in interpretation, preferably in, but not limited to, court or conference interpretation with OLA, and/or with another reputable organization;
  3. Demonstrated full compliance with these Standards & Procedures; and
  4. One or more of the following:
  • i. Proof of completion of professional development in interpretation, translation, or law;
  • ii. Professional qualification from the Federal Court Interpreter Program; or
  • iii. Legal or conference interpretation diploma or certification from a reputable national or international interpreter training institution or program.
  • iv. Proof of credentials as an interpreter for the US Department of State, the United Nations, or other international bodies. Proof of credentials as a medical, immigration, or conference interpreter and all relevant prior interpretation experience.

(F) Waiver and Additional Requirements. 

In certain circumstances, at OLA’s discretion, any of the above requirements may be waived, or additional requirements may be added. Upon such waiver or addition, OLA shall document in writing the reasons for the determination. OLA expects interpreters to move efficiently through the above process to reach the level of Court Certified Interpreter in a reasonable period of time. The process will be governed by OLA’s internal guidelines.

Per diem interpreters previously certified by OLA or the former Office of Court Interpreter Services (OCIS) shall maintain that credential to the same extent that Trial Court staff interpreters have maintained it pursuant to a Memorandum of Understanding between the Executive Office of the Trial Court and OPEIU, Local 6 executed on November 3, 2021.

(G) Continuing Education and Reassessment of Proficient and Certified Status. 

To maintain proficient and certified status, court interpreters must successfully complete a minimum of 10 hours of continuing education every year as described in Section 6.01 and attend one conference within the profession every two years; individual presentations at a conference may be credited to continuing education units, as determined by OLA Management in advance. Court interpreters must submit official documentation of their continuing education programs and conference attendance to OLA in order to maintain their proficient and certified status. Such minimum requirements will be determined by OLA.

(H) Pursuant to Section 9.02 OLA Will Publish Lists of Per Diem Proficient I,  Proficient II, and Certified Interpreters.

To remain active on the lists, OLA Per Diem interpreters must:

  1. Be available to take assignments either in person and/or remotely;
  2. Demonstrate full compliance with these Standards and Procedures; and
  3. Comply with all continuing education and/or administrative requirements.
  4. Per diem interpreters who currently reside out-of-state but who performed interpreting services for the Trial Court for at least thirty-six months immediately prior to relocating out-of-state, may be included on the list.
  5. G. L. c. 221C, § 7(e)(3) provides that OLA may “after due notice and hearing, remove anyone from such a list for inadequate performance or other good cause as provided in section 5 [of 221C].” Once per year, OLA will invite all staff and per diem interpreters to review the information on the Roster, update their contact information, and confirm whether they wish to be included on the Roster.

(I) The signed OLA “Standards and Procedures Acknowledgment Form” shall be included in OLA’s records and be available to each per diem court interpreter upon request.5

  1. Section 5 relates solely to spoken language court interpreters, MCDHH conducts the screening, credentialing, and sets the minimum requirements for ASL Interpreters and DHH Interpreters.
  2. OLA will follow NCSC guidelines when assigning interpreters to court events.
  3. The term set forth in Section 5.07(I) was agreed to as part of the settlement of MACI v. EOTC, Superior Court, Civil Action No. 1684CV00969 and must remain in effect for eight years from October 24, 2023.

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