Home Table of Contents

AP XVIII, Canon 8 At all times, sworn proceedings interpreters shall assess their ability to de...

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of Justice

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part XVIII. Application of the Code of Professional Responsibility for Sworn Proceedings Interpreters
Administrative Procedures, AP XVIII, Canon 8
AP XVIII, Canon 8 At all times, sworn proceedings interpreters shall assess their ability to deliver their services. When sworn proceedings interpreters have any reservation about their ability to satisfy an assignment competently, they shall immediately convey that reservation to the appropriate judicial authority. Sworn proceedings interpreters should only provide professional services in matters in which they are confident of their ability to perform accurately. They should not hesitate to withdraw from a case in which they feel they will be unable to function effectively due to lack of proficiency, preparation, or difficulty in understanding a witness or defendant.

Credits

HISTORY: Adopted by Order 2017-16, eff. 1-1-18

Editors' Notes

COMMENTARY
If the communication mode of the deaf, hard of hearing, or otherwise disabled person, or language of the person with limited English proficiency, cannot be readily interpreted, the sworn proceedings interpreter shall notify the appropriate judicial authority.
Sworn proceedings interpreters shall notify the appropriate judicial authority of any environmental or physical limitation that hinders their ability to deliver interpreting services adequately, e.g., the court room is not quiet enough for the sworn proceedings interpreter to concentrate, hear, or be heard; more than one person at a time is speaking; or, principals or witnesses of the court are speaking at a rate of speed that is too rapid for the sworn proceedings interpreter to adequately interpret. Sworn proceedings interpreters for the deaf or hard of hearing must also ensure that they can both see and convey the full range of visual language elements that are necessary for communication, including facial expressions and body movement, as well as hand gestures.
Sworn proceedings interpreters should notify the presiding officer of the need to take periodic breaks to maintain mental and physical alertness and prevent interpreter fatigue. Sworn proceedings interpreters should recommend and encourage the use of team interpreting whenever necessary.
Whenever possible, sworn proceedings interpreters are encouraged to make inquiries as to the nature of a case before accepting an assignment. This enables sworn proceedings interpreters to match their professional qualifications, skills, and experience to potential assignments, and more accurately assess their ability to satisfy those assignments competently.
Sworn proceedings interpreters may encounter cases where routine proceedings suddenly involve technical or specialized terminology unfamiliar to the sworn proceedings interpreter. When such instances occur, sworn proceedings interpreters should request a brief recess to familiarize themselves with the subject matter. If familiarity with the terminology requires extensive time or intensive research, sworn proceedings interpreters shall inform the presiding officer.
Sworn proceedings interpreters shall refrain from accepting a case if the language and subject matter of that case is likely to exceed their skills or capacities. Sworn proceedings interpreters shall notify the presiding officer if they are unable to perform competently due to lack of familiarity with terminology, preparation, or difficulty in understanding a witness or defendant.
Sworn proceedings interpreters shall notify the presiding officer of any personal bias they may have involving any aspect of the proceedings. For example, a sworn proceedings interpreter who has been the victim of a sexual assault may wish to be excused from interpreting in cases involving similar offenses.
Administrative Procedures, AP XVIII, Canon 8, KY ST ADMIN P AP XVIII, Canon 8
Current with amendments received through January 15, 2020.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.