Proposed Amendments to Rules for Certification and Regulation of Court Interpreters.

The Supreme Court's Court Interpreter Certification Board submits for comment its draft proposed amendments to the Florida Rules for Certification and Regulation of Court Interpreters. Proposed revisions will restructure spoken language court interpreter designations based on increasing levels of accomplishment under testing measuring essential interpreting skills. Expanding the number of designations from two to three, revised provisions will afford an expressed preference for "certified" interpreters over others meeting a lesser threshold of eligibility. New "language skilled" and "provisionally approved" designations will replace the current "duly qualified" designation. The "language skilled" designation will be reserved for individuals who, but for unavailability of a state-certifying examination in their language of expertise, meet all other requirements for certification. The "provisionally approved" designation recognizes individuals demonstrating interpreting skills on an oral performance examination at a prescribed level insufficient for certification, but higher than presently required of "duly qualified" interpreters. Retained reference to "qualified" or "duly qualified" interpreters is limited to general or collective reference only to individuals who are "certified," "language skilled," or "provisionally approved." Though impacting appointment of interpreters under Florida Rule of Judicial Administration 2.560(e), as applied, the proposed change would appear to exert no compelling or immediate cause to modify this or any other rule or statutory provision referencing qualified or duly qualified interpreters. The proposed changes plainly encourage spoken language court interpreters to become certified and promote ongoing development of essential skills. Toward that end, provisionally approved interpreters would be expected to pass a state- certifying examination and become certified within two years. Persons newly employed by the state courts system in court interpreting positions must become certified within one year of their hire date. Similarly, language skilled interpreters will be required to pass a state-certifying examination within two years of such examination becoming available in the language of their expertise. In order to maintain official designation under the proposed rule, all interpreters will be required, in the course of a two-year compliance period, to complete 40 hours of law-related professional interpreting services and 16 credit hours of continuing education. Further, the proposal will extend required compliance with the court interpreter code of professional conduct to all persons providing court interpreting services, irrespective of any official designation. Similarly, the proposed revision will make disciplinary provisions applicable to all state- level interpreter designations, as well as persons without official designation who are regularly appointed by the courts to provide interpreting services. Consistent with recommendations of the Commission on Trial Court Performance & Accountability, the board anticipates changes encouraging interpreter certification will benefit persons in need of spoken language interpreting services and facilitate the ability of the courts to capably administer these services statewide.

Proposed new and revised rule provisions relate to the following:

PART I. GENERAL PROVISIONS 14.100 Definitions. [AMENDED] 14.110 Court Interpreter Certification Board. [AMENDED] PART II. INTERPRETER DESIGNATIONS 14.200 Qualification. [AMENDED] 14.205 Certified Court Interpreter Designation. [NEW RULE] 14.210 Waiver of Examination Requirement. [AMENDED] 14.215 Language Skilled Designation. [NEW RULE] 14.220 Provisionally Approved Designation. [NEW RULE] 14.225 Issuance of Certificates. (formerly 14.220) [AMENDED] 14.230 Renewal of Certificates. [AMENDED] 14.240 Maintenance of Official Desi(re-titled) [AMENDED] PART III. CODE OF PROFESSIONAL CONDUCT 14.300 Professional Conduct. [AMENDED] 14.310 Accuracy and Completeness. [NO CHANGE] 14.320 Representation of Qualifications. [NO CHANGE] 14.330 Impartiality and Avoidance of Conflict of [NO CHANGE] Interest. 14.340 Confidentiality and Restriction of Public [NO CHANGE] Comment. 14.350 Professional Demeanor. [NO CHANGE] 14.360 Scope of Practice. [NO CHANGE] 14.470 Assessing and Reporting Impediments to [NO CHANGE] Performance. 14.380 Duty to Repot Ethical Violations. [NO CHANGE] 14.390 Professional Development. [NO CHANGE] PART IV. DISCIPLINE 14.400 Application. [NEW RULE] 14.405 Suspension or Revocation. (formerly 14.440) [AMENDED] 14.410 Disciplinary Procedures. [AMENDED] 14.420 Disciplinary Hearings. [AMENDED] 14.430 Disciplinary Dispositions. [AMENDED] 14.440 Confidentiality of Disciplinary [AMENDED] Proceedings. 14.450 Reinstatement. [AMENDED] 14.460 Chief Justice Review. [NO CHANGE] The board invites all interested persons to comment on the proposal reproduced in full below. Comments must be received by the board either in an electronic format or in hard copy not later than January 31, 2013. The board will review all comments and consider suggested changes before submitting its proposal to the Florida Supreme Court. Email your comments, including any attachments in a Word format, to interpreterrules@flcourts.org. Comments submitted by regular mail should be directed to the board at the following address: Court Interpreter Certification Board, Supreme Court Building, 500 South Duval Street, Tallahassee 32399.

FLORIDA RULES FOR CERTIFICATION AND REGULATION OF COURT INTERPRETERS PART I. GENERAL PROVISIONS

Rule 14.100. Definitions

(a) Certified Court Interpreter. An interpreter who has completed [begin strikethrough]the mandatory[end strikethrough] all requirements [begin strikethrough]as defined by these rules and[end strikethrough] for certification in accordance with these rules, holds a valid certificate as a certified court interpreter, which certificate is issued by the Office of the State Courts Administrator, and is named in the registry of certified court interpreters maintained by the Office of the State Courts Administrator.

(b) Language Skilled. A designation reserved for interpreters who have completed all requirements in accordance with these rules, but who are seeking certification in a spoken language for which there is no state-certifying examination.

(c) Provisionally Approved. A designation reserved for interpreters of spoken languages for which a state-certifying examination is available, such interpreters having passed the oral performance exam at a lesser qualifying prescribed level, but are not yet certified,

([begin strikethrough]b[end strikethrough] d) Qualified or Duly Qualified Interpreter. An interpreter who [begin strikethrough]has obtained a passing grade on a written examination, who has attended a two-day orientation program offered by the Office of the State Courts Administrator, who is familiar with Part III of these rules, and who has an understanding of basic legal terminology in both languages[end strikethrough] is certified or language skilled, or, if a certified or language skilled interpreter is unavailable, a provisionally approved interpreter, as these terms are defined under sections (a) through (c) above.

([begin strikethrough]c[end strikethrough] e) Board. The Court Interpreter Certification Board.

(f) Compliance Period. The two-year period beginning upon official designation as a certified, language skilled, or provisionally approved court interpreter.

([begin strikethrough]d[end strikethrough] g) Court. Any county, circuit or district court of this state or the Supreme Court of Florida.

(h) State-Certifying Examination. An interpreter's skills test for which a full or abbreviated board-approved oral performance examination is available.

(i) Written Examination. An initial qualifying or screening examination designed to measure a candidate's literacy in English, familiarity...