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AP IX Sec. 7 Responsibility for payment for language access services

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. 7
AP IX Sec. 7 Responsibility for payment for language access services
(1) Pursuant to KRS 30A.415, the AOC will be responsible for payment, including ordinary and reasonable expenses as authorized by the Uniform Payment Rate, for language access services provided by sworn proceedings interpreters and interpreters for deaf or hard of hearing attorneys in court proceedings and during direct services. The AOC will establish payment rates and procedures, including procedures for reimbursement of ordinary and reasonable expenses, in the Uniform Payment Rate.
(a) Ordinary and reasonable expenses do not include facilitation by sworn proceedings interpreters of confidential, privileged, or otherwise private communication between non-Court of Justice entities (e.g., attorneys) and individuals with limited English proficiency or who are deaf or hard of hearing or otherwise disabled, even when such communication occurs in a court proceeding or during the provision of a direct service.
(b) With the exception of the use of an interpreter for a deaf or hard of hearing attorney as defined in these rules, all confidential, privileged, or otherwise private communication between non-Court of Justice entities and individuals with limited English proficiency or who are deaf or hard of hearing should take place through the use of a private linguistic expert as defined in these rules.
(2) If a sworn proceedings interpreter or interpreter for a deaf or hard of hearing attorney provides services beyond the scope of his or her role, even though that service relates to a pending court case, the person or agency requiring the services of the interpreter will be responsible for payment.
(3) The AOC will not pay for interpreting services provided to or for a non-Court of Justice entity, even when a party is ordered by the Court, or referred by a Court of Justice entity, to obtain services or assistance from the non-Court of Justice entity.
(4) The AOC may seek reimbursement from the “employer,” as that term is defined in Title I of the Americans With Disabilities Act, 42 U.S.C. § 12111 et seq., of a deaf or hard of hearing attorney for whom the court has appointed an interpreter pursuant to Sections 4(2) and 6(3) for the costs of providing interpreting services.
(5) Cancellation by a Party or his or her Attorney.
(a) A party or his or her attorney shall notify the designated contact person in the county as soon as it becomes apparent that language access services are no longer needed for the party or a witness to be called by the party. The name and contact information for the designated contact person in each county can be found by accessing the Office of Language Access's webpage at: http://courts.ky.gov/courtprograms/CIS/Pages/default.aspx.
(b) The failure to timely notify the contact person that language access services are no longer needed for a court proceeding or direct service may be grounds for the court to require the party or his or her attorney to reimburse all or part of the actual expenses incurred by the AOC for securing unused or cancelled language access services.
(c) Circumstances under which the court may order reimbursement include, but are not limited to:
(i) The matter was settled before language access services were needed and the party requesting the services, or his or her attorney, had reasonable advance notice of settlement but failed to timely notify the court; or
(ii) The party requesting language access services, or his or her attorney, failed to appear for the court proceeding or direct service and had no reasonable grounds for the failure to appear.
(d) Matters involving self-represented parties will be considered on a case by case basis taking into account the facts and circumstances of each case, including whether the party has the ability to pay.
(e) If the court orders reimbursement, payment should be made by the responsible party to the Circuit Court Clerk. The Circuit Court Clerk will remit payment to the Office of Language Access in the amount of the reimbursement with a copy of the court order. The Circuit Court Clerk's check should be made payable to the Kentucky State Treasurer.

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); adopted by Order 2004-3, eff. 10-1-04
Administrative Procedures, AP IX, Sec. 7, KY ST ADMIN P AP IX, Sec. 7
Current with amendments received through August 1, 2020.
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