CODE OF PROFESSIONAL CONDUCT FOR INTERPRETERS, TRANSLITERATORS, AND
TRANSLATORS
Adopted Effective December 1, 1994
Many persons who come before the courts are
partially or completely excluded from full participation in the proceedings
either because English is not their native language or because they have a
speech or hearing impairment. The resulting communication barrier must be
removed, as far as is possible, so that those persons are placed in the same
position as similarly situated persons for whom there is no such barrier. As
officers of the court, interpreters, transliterators, and translators help
ensure that such persons enjoy equal access to justice and that court
proceedings and court support services function efficiently and effectively.
Interpreters, transliterators, and translators are highly skilled professionals
who fulfill an essential role in the administration of justice.
Scope
This code shall be binding on all persons
employed by or under contract to the Judiciary who interpret, transliterate, or
translate in connection with
A. any proceeding before any
court of this State;
B. any proceeding, hearing or
session of a grand jury, of a surrogate or of any arm of the Judiciary,
including but not limited to Juvenile Conference Committees, Intensive
Supervision Program Panel, Child Placement Review Boards, Child Support Hearing
Officers, attorney and judicial disciplinary committees, administrative
hearings, and mediation, settlement, and arbitration proceedings; or
C. any other activity ordered
by a court or conducted under the supervision of a court or its agent.
This code is inapplicable to a person whom a
court appoints as an interpreter, transliterator, or translator when that
person is not employed by or under contract to the Judiciary. Nor shall the
code be construed to limit the authority of a court to determine the
qualifications of a person testifying as an interpreter under Evidence Rule
604.
Canon 1. High Standards of Conduct
Interpreters, transliterators, and translators
should maintain high standards of conduct at all times to promote public
confidence in the administration of justice.
Note: Adopted October 24, 1994, to be effective
December 1, 1994.
Canon 2. Faithful and Accurate Conveyance of Messages
Interpreters, transliterators, and translators
should faithfully and accurately reproduce in the target language the closest
natural equivalent of the source-language message without embellishment,
omission, or explanation.
Note: Adopted October 24, 1994, to be effective
December 1, 1994.
Canon 3. Impartiality and Conflicts of Interest
Interpreters, transliterators, and translators
should be impartial and avoid any appearance of bias or favoritism. They should
avoid not only conflicts of interest but also the appearance thereof.
A. Interpreters, transliterators,
and translators should not, as a general rule, serve in any proceeding in
which
(1) they are related to or have a close social
or business relationship with a party, counsel for a party, or a witness, or
are themselves potential witnesses;
(2) they, their spouse, or child are party to
the proceeding or have a financial interest or any other interest that would be
affected by the outcome of the proceeding; or
(3) they have been involved in the choice of
counsel.
B. Prior to providing
professional services in a proceeding in court, interpreters, transliterators,
and translators should disclose on the record any services that they may
previously have provided to any of the parties or their attorneys involved in
the matter, as well as anything else that could reasonably be construed as
affecting their ability to serve impartially or as constituting a conflict of
interest. This disclosure should not include privileged or confidential
information.
C. Interpreters,
transliterators, and translators should not provide services if remuneration is
contingent on the outcome of a case.
D. During the course of
matters in which they are engaged, interpreters and transliterators should not
converse or have contact with jurors, parties, witnesses, attorneys, or with
friends or relatives of any party, except as may be required in the discharge
of official duties.
E. Attorneys, probation
supervisors or investigators, police officers, therapists, social workers, or
other professionals should not interpret in any non-judicial proceeding or for
any court support service in which he or she is professionally involved with a
party to the matter.
Note: Adopted October 24, 1994, to be effective
December 1, 1994.
Canon 4. Unobtrusiveness
Interpreters and transliterators should be as
unobtrusive as possible and should not seek to draw inappropriate attention to
themselves while performing their professional duties.
A. When interpreting or
transliterating for a witness, interpreters and transliterators should convey
the speaker's emphasis and emotional tone only to the degree necessary to
convey the speaker's messages, without reenacting or mimicking the speaker's
tone, emotions, or dramatic gestures.
B. When interpreting during a
proceeding, interpreters and transliterators should dress and conduct
themselves in a manner consistent with the dignity of the court.
C. Interpreters and
transliterators should not interject or reveal their own feelings, moods,
attitudes, or beliefs while performing their professional duties.
Note: Adopted October 24, 1994, to be effective
December 1, 1994.
Canon 5. Limitations of Practice
Because interpreters, transliterators, and
translators are responsible only for enabling others to communicate, they
should not take a primary role in such communications and may take a secondary
role (see below) only as necessary for assuring an accurate and faithful
interpretation, transliteration, or translation.
A. Interpreters,
transliterators, and translators should avoid activities that may be reasonably
construed to constitute the practice of law, e.g., giving any legal advice or
answering parties' questions that would ordinarily be answered by an
attorney.
B. Interpreters,
transliterators, and translators should not engage in any other activities that
may be reasonably construed to constitute a service other than interpreting,
transliterating, or translating during the course of performing their
interpreting, transliterating, or translating duties.
C. Interpreters and
transliterators may assume a "secondary role" when they find it
necessary to speak directly to the court to seek assistance in performing their
duties, e.g., seeking direction when unable to understand or express a word or
thought, requesting that speakers moderate their rate of communication or
repeat or rephrase something, identifying interpreting errors, or notifying the
court of their reservations about their ability to satisfy an assignment
competently. In such instances they should make clear that they are speaking
for themselves.
D. Translators may assume a
"secondary role" when they find it necessary to include an
explanation in the translation of a text being prepared. In such instances they
should make clear that that information is the translator's and not a part of
the text.
Note: Adopted October 24, 1994, to be effective
December 1, 1994.
Canon 6. Confidentiality
Interpreters, transliterators, and translators
should protect from unauthorized disclosure all privileged or other
confidential information that they obtain during the course of their
professional duties.
Note: Adopted October 24, 1994, to be effective
December 1, 1994.
Canon 7. Abstention From Comment
Interpreters, transliterators, and translators
should not publicly discuss, report, or offer an opinion concerning a matter in
which they are or have been engaged, even when that information is not
privileged or required by law to be confidential.
Note: Adopted October 24, 1994, to be effective
December 1, 1994.
Canon 8. Representation of Qualifications
Interpreters, transliterators, and translators
should accurately and completely represent their pertinent testing credentials,
training, and experience.
Note: Adopted October 24, 1994, to be effective
December 1, 1994.
Canon 9. Professional Standards and
Development
Interpreters, transliterators, and translators
should continually improve their skills and knowledge and should keep informed
of, adhere to, and conform their practices to all statutes, Rules of Court, and
policies of the Judiciary that relate to the performance of their professional
duties.
Note: Adopted October 24, 1994, to be effective
December 1, 1994.
Canon 10. Impediments to Compliance With
Code
A. Any interpreter,
transliterator, or translator who discovers anything that would impede full
compliance with this code should immediately report it to his or her employer
or the court.
B. Interpreters,
transliterators, and translators should immediately report to the presiding
judge any solicitation or effort by another to induce or encourage them to
violate any law, any provision of this code, or any other standard governing
interpreting, transliterating, or translating promulgated by the
Judiciary.
C. When an interpreter,
transliterator, or translator has any reservation about his or her ability to
satisfy an assignment competently, he or she should immediately convey that
reservation to the court or presiding officer. If the communication mode or
language of the non-English-speaking person cannot be readily interpreted or
transliterated, the interpreter or transliterator should notify the court or
presiding officer.
Note: Adopted October 24, 1994, to be effective
December 1, 1994.