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AP IX, Sec. 6 Procedure for requesting and obtaining language access services for court proceed...

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 IX. Procedures for Appointment of Interpreters
Administrative Procedures, AP IX, Sec. 6
AP IX, Sec. 6 Procedure for requesting and obtaining language access services for court proceedings and direct services
(1) To request and obtain language access services for court proceedings and direct services, the appointing/requesting authority or his or her designee shall follow the appropriate protocol, which can be found by accessing the Office of Language Access's webpage at: http://courts.ky.gov/courtprograms/CIS/Pages/default.aspx. The following procedure applies to requesting and obtaining language access services for court proceedings and direct services:
(a) The appointing/requesting authority or his or her designee(s) shall submit all requests for language access services to the Office of Language Access.
(b) The Office of Language Access has the responsibility of arranging for and providing language access services. The appointing/requesting authority or his or her designee(s) shall not assign interpreters directly or otherwise make arrangements for the provision of language access services.
(c) The AOC shall not issue payment for language access services which were not arranged directly by the Office of Language Access or were not provided by an interpreter contracted by the AOC at the time of service.
(d) When feasible, all language access requests must be submitted to the Office of Language Access at least two weeks in advance in order to ensure adequate time for arrangements to be made. Language access services vary based on availability and cannot be fully controlled by the Court of Justice. In the event the appropriate language access service is not available, the Office of Language Access will work with the appointing/requesting authority or his or her designee(s) to identify another appropriate language access service that will, to the maximum extent reasonably possible, ensure effective communication. The court shall grant a continuance as may be appropriate or necessary.
(e) Absent a showing of extraordinary circumstances, no person who is a family member or friend of the person needing language access services will be authorized to provide said services.
(2) Court Proceedings. At least one contact person must be designated in each county to be responsible for submitting all requests for language access services to the Office of Language Access. The contact person(s) may be a judge's secretary, a court administrator, or any other Court of Justice employee designated by the Chief Circuit Judge or Chief District Judge of the county. Each county is responsible for providing the Office of Language Access with a complete list of all designated contact persons and for informing the Office of Language Access of any changes to said list.
(3) Requesting Language Access Services for a Deaf or Hard of Hearing Attorney. In addition to the procedure outlined above in subsection (1) of this section, eligible deaf or hard of hearing attorneys may request language access services directly by submitting an appropriate request to the Office of Language Access. Details regarding the appropriate protocol for requesting language access services for attorneys who are deaf or hard of hearing for use in court proceedings or during direct services can be found by accessing the Office of Language Access's webpage at: http://courts.ky.gov/courtprograms/CIS/Pages/default.aspx.
(4) Interpreter Wait Time and Fiscal Efficiency. All cases requiring interpreters should be called at the beginning of the court docket or at another appropriate time during the docket when they can be called as a group in an effort to reduce language access costs and ensure interpreters do not become unduly fatigued. Interpreters should not wait more than thirty minutes to interpret.
(5) Creation of a Local Language Access Protocol. In an effort to promote judicial economy and enhance the judicial process for requesting and obtaining language access services, each county or judicial district or circuit shall generate, in partnership with the Office of Language Access, a local or regional language access protocol on a template prescribed by the AOC.
(a) Said language access protocol may include such considerations as designation of the local contact person(s), development of a location-specific protocol for the efficient use of language access resources, and the creation of a special “interpreter docket” in which all cases requiring the services of an interpreter are heard on a recurring basis on a given date and time.
(b) The language access protocol shall include instructions for use by self-represented parties to notify the local appointing/requesting authority of their specific language access needs.
(6) Priority Given to Certified Interpreters. Upon assigning interpreters, the Office of Language Access shall give priority to the most certified/credentialed interpreter reasonably available based upon the specific location and nature of each request for language access services. All efforts will be made to schedule a certified staff interpreter for court proceedings and direct services. If a certified staff interpreter is not available, then a certified freelance interpreter may be scheduled. If no certified freelance interpreter is available, then a registered freelance interpreter may be scheduled. If no registered freelance interpreter is available, then a provisional freelance interpreter may be scheduled.

Credits

HISTORY: Amended by Order 2017-15, eff. 1-1-18; prior amendments eff. 3-15-11 (Order 2011-03), 5-12-09 (Order 2009-06), 12-1-04 (Order 2004-3), 10-1-04; adopted eff. 2-17-95
Administrative Procedures, AP IX, Sec. 6, KY ST ADMIN P AP IX, Sec. 6
Current with amendments received through January 15, 2020.
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