En Banc Order
Effective July 1, 2003

Judge | Senior Legal Specialist (SLS)
Clerk/Judicial Administrator | City Prosecutor | Bailiff
Interpreter | Costs

IT IS ORDERED THAT pursuant to the authority established in L.R.S. 46:2370, L.R.S. 15:270(3), C.C.P. 192 and 192.1, and Title II, Section 12182 of the ADA, foreign and sign language interpreters appointed by the Court to assist non-English speakers or deaf or hearing impaired persons shall be compensated as follows: foreign language interpreter-$65.00 per hour (one hour minimum); sign language interpreter-$65.00 per hour (two hour minimum); plus mileage reimbursement based on the current rate mandated by City Parish Guidelines. 

IT IS FURTHER ORDERED THAT the following procedures are hereby established for the appointment of foreign and sign language interpreters unless otherwise specifically ordered by a judge.

Judge

It shall be the responsibility of the judge to determine whether an interpreter shall be appointed to assist an offender, witness or party at any stage of the adjudication process. 

Pursuant to Code of Evidence Art. 604, an interpreter is subject to the provisions of the Code relating to qualification as an expert and the administration of an oath or affirmation that he will make a true translation.

Senior Legal Specialist (SLS)

If it is found that an interpreter is necessary, it shall be the responsibility of the judges' SLS for the respective division of court to make the proper minute entry on the file and to immediately initiate the Interpreter Appointment Invoice, Interpreter Appointment, and furnish the pertinent information in Section 1(A). The SLS shall then file track the city court file to the Administrative Office and deliver said file and form to said office. It shall be the SLS's responsibility to repeat this process each time an interpreter's appearance is rescheduled. 

If the interpreter is present at the time of the reassignment, the interpreter shall acknowledge notice of reassignment by signing on the signature line provided in Section 1(B). The SLS shall give the Original Interpreter Appointment Invoice to the interpreter and file the copy in the city court file.

Upon the interpreter making his/her presence known to the SLS, it shall be the responsibility of the SLS to immediately initiate the Interpreter Appointment Invoice, Interpreter Appointment, and log-in the interpreter by entering the time in the proper blank. The SLS shall then sign the form acknowledging said entry. The SLS shall also be responsible for logging the interpreter out immediately upon release by the judge and shall again sign the form acknowledging said entry. In The Event Of An Error In Completing The Form, The SLS Shall Strike Through The Erroneous Information (NO WHITE-OUTS ACCEPTED) and Enter The Correct Information And Initial Same. The SLS will then have the interpreter sign the invoice and enter his current address. The copy of the form is to be given to the interpreter. Under No Circumstance Is The Original Invoice To Be Given To The Interperter. The SLS shall then file track the city court file to the Administrative Office and deliver said file WITH THE ORIGINAL INVOICE ATTACHED. It shall be the SLS's responsibility to repeat this process each time an interpreter appears in court.

Upon receipt of a copy of the Direct Payment Voucher and invoice authorizing the payment of a FOREIGN LANGUAGE interpreter fee, it shall be the responsibility of the SLS to update the city court file to reflect the amount of FOREIGN LANGUAGE interpreter fees paid by the court and to place the voucher and invoice in the file.  Upon a plea of guilty/conviction, the offender is to be cast for all interpreter costs.

Probation Officer/Court Employee/School Instructor (Designated Employee)

If it is determined that an interpreter is necessary to assist an offender, the designated employee shall immediately initiate the Interpreter Appointment Invoice, Interpreter Appointment, and furnish the pertinent information in Section 1(A). The designated employee shall then deliver said form to the Administrative Office.

Upon obtaining administrative office personnel's receipt for the Interpreter Appointment Invoice, the designated employee will, if needed, obtain a photostatic copy of the form for the department's offender file, and leave the original and file copy with administrative office personnel for notice to interpreter and placement in the city court file.

It shall be the responsibility of the designated employee to repeat this process each time an interpreter's appearance is rescheduled. In addition, if the interpreter is present at the time of reassignment, the interpreter shall acknowledge notice of reassignment by signing on the signature line provided in Section 1(B). The Original of Interpreter Appointment Invoice shall then be given to the interpreter and the copy forwarded to the proper department for inclusion in the city court file.

Upon the appearance of an appointed interpreter, it shall be the responsibility of the designated employee to initiate the Interpreter Appointment Invoice, Interpreter Appointment, and log in the interpreter by entering the time in the appropriate blank. The designated employee shall then sign the form acknowledging said entry. The designated employee shall also be responsible for logging the interpreter out immediately upon completion of the offender's business and shall again sign the form acknowledging said entry. IN THE EVENT OF AN ERROR IN COMPLETING THE FORM, THE DESIGNATED EMPLOYEE SHALL STRIKE THROUGH THE ERRONEOUS INFORMATION (NO WHITE-OUTS ACCEPTED) AND ENTER THE CORRECT INFORMATION AND INITIAL SAME. The designated employee will then have the interpreter sign the invoice and enter his current address. The copy of the form is to be given to the interpreter. UNDER NO CIRCUMSTANCE IS THE ORIGINAL INVOICE TO BE GIVEN TO THE INTERPRETER. The designated employee will then deliver the ORIGINAL INVOICE to the Administrative Office and obtain, if needed, a photostatic copy for the offender's file. It shall be the responsibility of the designated employee to repeat this process each time an interpreter's appearance is rescheduled.  If the designated employee is a school instructor, the original invoice is to be delivered to the Court Services Division with the roster of school attendees and the Court Services employee shall then deliver to the Administrative Office.

Clerk/Judicial Administrator's Office

It shall be the responsibility of the personnel of the office of the Clerk/Judicial Administrator to identify and contact a qualified interpreter suited to the case. To aid in this process, administrative office personnel will maintain a list of approved interpreters. In an instance when the type of interpreter needed is not on the list, administrative office personnel will contact the appropriate agency or individual to locate the appropriate interpreter. 

Upon the interpreter's acceptance of the appointment, administrative office personnel shall complete Section 2 of the Interpreter Appointment Invoice. The Original of said form shall be mailed to the interpreter. The copy of the form is to be placed inside of the city court file, the file is to be file tracked to the proper department and then delivered to that department. If needed, a photostatic copy may be retained in the Administrative Office. 

Upon receipt of a properly completed and transmitted ORIGINAL Interpreter Appointment Invoice, Interpreter Appointment, (NO WHITE-OUTS ACCEPTED) administrative office personnel shall generate a Payment Voucher authorizing payment of said invoice from the court's general fund budget, object 645110, court costs and filing fees. A copy of the voucher authorizing payment of a foreign language interpreter and the invoice are to be sent to the proper SLS for the purpose of updating the city court file with the amount of interpreter fees to date for future reimbursement of said fees in the event of a plea of guilty/conviction and for audit purposes. The voucher authorizing payment of a sign language interpreter is to be sent to the proper SLS for inclusion in the city court file for audit purposes. 

In the instance when the Interpreter Appointment and/or Interpreter Appointment Invoice is received from the Probation Division or the Court Services Division, administrative office personnel shall be responsible for forwarding the appropriate copy(ies) to the proper division of court for inclusion in the city court file. Personnel in the appropriate division of court will be responsible for making the proper minute entry and inserting the form(s) in the city court file.

City Prosecutor

It shall be the responsibility of the City Prosecutor to immediately bring to the attention of the judge any case(s) on the docket wherein the file indicates that an interpreter has been appointed or is needed.

Bailiff

It shall be the responsibility of the bailiff to immediately acknowledge the presence of an interpreter and to direct the interpreter to the proper SLS to be logged-in.

Interpreter

Pursuant to Code of Evidence Art. 604, an interpreter is subject to the provisions of the Code relating to qualification as an expert and the administration of an oath or affirmation that he will make a true translation.

It shall be the responsibility of the interpreter, upon arrival at court, to immediately make his/her presence known to the SLS/probation officer/designated employee for the purpose of logging-in on the Interpreter Appointment Invoice.

The interpreter shall remain available to interpret in a given matter until he/she is released  by the judge/probation officer/designated employee.

The court has adopted the following principles on the role of the Interpreter:

“Interpreters render everything said in court in the source language into the target language accurately, without omissions, without additions, without any changes in style or register and with as little delay or interference in the routine pace of court proceedings as possible.  In other words, the interpreter will reflect the emotions of speaker and should not simplify questions or statements for the non-English speaker – even if they believe the person doesn’t understand. 

As an officer of the court, the interpreter remains impartial.  The interpreter is not a liaison and should not carry on unnecessary discussions with the attorneys, parties, or witnesses–either inside or outside the courtroom. 

The interpreter will refer to himself or herself as “the interpreter” when addressing the court to avoid confusion on the record.” For example, “The interpreter did not hear the question.”

The interpreter is obligated to interrupt the proceeding by signaling the court when unable to understand or hear a word or phrase. Likewise, if an error in interpreting is caught by the interpreter, the interpreter should explain the problem to the attorneys and the judge. 

The interpreter should place himself or herself so he/she can see and hear the attorneys and the witness. If the interpreter has difficulty hearing because of the noise level, he/she should inform the court, and the judge may order the attorneys to speak one at a time.

In other words, the interpreter places the non-English speaking person on the same level as the English speaking person, enabling the non-English speaking person to hear all that is said so he/she can effectively participate.”   

(Source:  “Court Interpreting:  View from the Bench,” Missouri Court Personnel Newsletter, Winter 2002)

Costs

Pursuant to Title II, Section 12182 of the ADA and C.C.P. 192.1, the Court shall bear the costs for the sign language interpreter for the deaf or hearing impaired. 

Pursuant to C.C.P. 192, the costs of services of a foreign language interpreter in a civil matter shall be taxed as costs of court, and the judge is allowed to determine how these costs will be allocated between the two parties.

Pursuant to C.Cr.P. Art. 887, a defendant found guilty or who pleads guilty to a criminal/traffic matter, and who requires the need of a foreign language interpreter, shall be cast for all costs associated with the appointment of the foreign language interpreter. Therefore, in order for the court to be reimbursed for foreign language interpreter fees, it is critical that the total costs expended for foreign language interpreter services be reflected in the court's file at the time of sentencing.

IT IS ORDERED THAT the foregoing shall supersede the En Banc Order of March 18, 1998, and shall remain in effect until superseded or amended by further order of this Court.

 BATON ROUGE, LOUISIANA, this ________ day of _______________________, 20_____.