9.01 Assignment of Court Interpreters
OLA will schedule and assign staff and per diem court interpreters based upon requests submitted through MassCourts. Staff and per diem court interpreters will be assigned based upon the complexity and particular need presented by a court proceeding.
- (A) OLA strives to make fair and equitable assignments based upon multifarious Court requests; and strives to match the complexity of the court proceeding with the qualifications, expertise, experience, location and availability of per diem court interpreters. When OLA is assigning per diem court interpreters, the Trial Court will assign per diem court interpreters in the following sequence, provided it can do so while meeting such objectives: first to Certified per diem court interpreters, if none are available then; second, to Proficient II per diem court interpreters, if none are available then; third, to Proficient I per diem court interpreters.8
- Per diem interpreters who currently reside out of state but who performed interpreting services for the Trial Court as Massachusetts per diem interpreters for at least thirty-six (36) months immediately prior to relocating may be assigned as an in-state per diem interpreter consistent with the above protocol
- (B) If there are no Certified or Proficient Interpreters available to meet the needs of the requesting court department, OLA Management may, in such extraordinary circumstances, schedule and assign out-of-state interpreters to provide the needed services, or contract with agencies, including telephone or video interpreting, to provide the interpreter service. When making assignments OLA may also consider opportunities for interpreter professional development.
- (C) Per diem interpreters are responsible for submitting their availability to OLA in advance of upcoming schedules. Last-minute changes in per diem interpreters’ availability can cause substantial service problems to LEP’s and are to be avoided as much as possible. Any unexpected changes in availability must be communicated to OLA as soon as possible.
9.02 Per Diem Court Interpreter Lists
OLA Management shall create lists of Certified, and Proficient Per Diem court interpreters, and utilize them to make equitable assignments. Per diem interpreters who currently reside out-of-state but who previously performed interpreter services for the Trial Court as Massachusetts per diem interpreters for at least thirty-six (36) months immediately prior to relocating out-of-state, may be included on the list.
9.03 Team Interpreting
Court interpreters will recommend the use of team interpretation when court events involve lengthy witness testimony and/or continuous simultaneous interpretation for a foreign LEP defendant. OLA management will schedule team interpreting for lengthy court events for quality service delivery. Team Interpreting increases accuracy while avoiding the need to pause the proceedings for a solo interpreter to rest. Upon request by the court or by the interpreter initially assigned to the hearing, OLA Management will, whenever possible, provide team interpreting for lengthy proceedings.
9.04 Breaks
When an interpreter is working alone and court events are laborious, complicated, or laden with medical/scientific terms, the judge will allow breaks as requested by the interpreter as long as doing so does not interfere with the proceedings and/or the rights of the parties.
9.05 Maintenance of Records
OLA shall establish and maintain records of all scheduled and emergency or unscheduled interpreter assignments. Such records shall contain the following:
- (a) the docket number and the name of the case;
- (b) if not a case, the assignment or event and the court department;
- (c) the date on which the interpreter was assigned;
- (d) the date of the scheduled assignment; and
- (e) the name of the assigned interpreter(s).
9.06 Usage of Court Interpreter Time
When court interpreters complete assignments before the end of the time periods for which they are being compensated, they shall remain in the court facilities and seek additional assignments from OLA and court personnel. See also Section 10 (Arrival and Departure Procedures for Per Diem Court Interpreters). While awaiting additional assignments or when other assignments are not available, interpreters may elect to remain at the court facility and engage in pre-approved training sessions to earn continuing educational units required by these Standards in Section 6.01.
9.07 Cost of Interpreter Services
The Trial Court must not assign the cost of interpreter services to LEP or DHH individuals. Consistent with federal and state laws, the Trial Court may seek cost-sharing with government agencies that are involved in court events in which interpreter services are provided.
9.08 Using Private Interpreter Agencies
When no Certified or Proficient interpreters are available, OLA Management may approve the use of an interpreter from a private interpreter agency. The Trial Court has contracted with private interpreter agencies for such circumstances in order to prevent the delay of court proceedings. Because private interpreter agencies do not necessarily conform to the testing standards of the Trial Court, OLA will first seek to obtain certified interpreters from other jurisdictions, and then search for the next best option to provide interpreter services.
9.09 Remote Interpreting
Remote interpreting, by video or telephone, may be employed for short in-court proceedings and other court events when in-person interpretation is not feasible or preferred. Remote interpreting requires approval from OLA in advance. Examples of remote interpreting include:
- (A) Video remote interpreting practices, which must follow the national guidelines set forth by the National Center for State Courts Council for Language Access Coordinators, as well as the Trial Court’s policies. Video remote interpreting may also be used for DHH individuals in appropriate cases in consultation with MCDHH.
- (B) Telephonic foreign language interpretation (telephone interpretation) is available with OLA approval in advance. Telephone interpreting is not appropriate for lengthy proceedings or matters involving pleas or waivers of rights, but, in the discretion of a judge or other appropriate court authority, may be necessary for proceedings of short duration and other court events. Court personnel must request and receive approval from OLA prior to using telephone interpreting services. A speaker phone, or phone with dual headsets, is preferable, but not necessary to access the service.
- (C) Telephone interpretation service approved by OLA may also be used for more common languages at clerks’ and registers’ counters and probation offices when an emergency arises and no staff or per diem court interpreter is available. Court personnel must request and receive approval from OLA in advance. Courts should enter all requests for interpreter services into MassCourts and email OLA at the respective language access email address.