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AP IX, Sec. 12 Use of electronic equipment, remote interpreting services, and assistive technol...

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. 12
AP IX, Sec. 12 Use of electronic equipment, remote interpreting services, and assistive technology
(1) Pursuant to KRS 30A.435, in the performance of his or her duties for the Court of Justice, the interpreter may utilize electronic recording, foreign language translation, remote videoconference equipment, web-based remote interpreting service equipment, and any other appropriate equipment.
(2) Although remote interpreting services may be used for all court proceedings when necessary, the Office of Language Access will strive to limit their use to brief non-evidentiary proceedings, such as pretrial interviews, initial appearances, arraignments, and direct services provided by a Court of Justice entity when necessary.
(3) A person who is deaf, hard of hearing, or otherwise disabled may elect to use assistive technology in lieu of or in addition to the services of an interpreter. Any request to use assistive technology in a court proceeding must be made in accordance with Section 5(2) of these rules.
(4) Remote interpreting services may be obtained for persons with Limited English Proficiency when there is a time-sensitive matter that requires interpretation and no other resources are available.
(5) Remote interpretation may also be appropriate for non-immediate matters that are scheduled in advance, when the interpretation of these matters cannot be handled in-person by staff or freelance interpreters in a fiscally responsible or timely manner, and the quality of interpretation is not in question.
(6) If the equipment sought to be used is of the type approved by the AOC, or a judicial official, no further approval is required.
(7) If the equipment is of a type for which no approval has been issued by the AOC, the use of the equipment must be approved in writing and in advance by the Director of the AOC or his or her designee or by the judge making the appointment.
(8) If the equipment is of a type which has been disapproved by the AOC, it will not be used.
(9) All equipment utilized must be in proper mechanical and working order and must be fit for its intended use.
(a) The appointing/requesting authority must ensure the non-English speaking party hears all statements made by the participants if utilizing remote interpreting equipment. If telephone equipment is unavailable for simultaneous interpreting, the appointing/requesting authority must allow consecutive interpretation of each sentence.
(b) When remote interpreting equipment is utilized to translate a written document, the document must be read aloud to allow full oral translation of the material by the remote interpreter.
(c) The appointing/requesting authority must ensure that the remote interpreting equipment used for the person who is deaf, hard of hearing, or otherwise disabled is in proper mechanical and working order, and fit for its intended use.
(d) The AOC must provide the Court of Justice with instructions necessary for obtaining and using remote interpreting equipment and services. Only remote interpreting services contracted by the AOC will be used.

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. 12, KY ST ADMIN P AP IX, Sec. 12
Current with amendments received through May 1, 2020.
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