Court interpreters.

Existing law requires, when a witness is incapable of understanding the English language or expressing himself or herself in the English language so as to be understood directly by counsel, court, and jury, an interpreter to be sworn to interpret for him or her. Existing law requires the Judicial Council to conduct a study of language and interpreter use and need in court proceedings, with commentary, and to report its findings and recommendations to the Governor and to the Legislature every 5 years. Existing law requires that this study serve as the basis for determining the need to establish interpreter programs and certification and for establishing these programs and examinations through the normal budgetary process. This bill would enact the California Language Access Bill of Rights. The bill would provide that a person who is unable to understand English, and who is charged with a crime, has the right to a competent interpreter provided by the court to provide exclusive and ongoing interpretation services throughout the proceedings. The bill would provide that a person who is charged with a crime, and for whom a noncertified, nonregistered interpreter has been appointed, has a right to object to the interpreter at any time during the proceeding that the interpreter appears to be unqualified. The bill would require the court to record specified information and to follow all procedures required pursuant to court rule. The bill would prohibit a noninterpreter staff person of the court, or any person employed by the sheriff, probation department, prosecutor, jail, or corrections department of the prosecuting city or county from providing interpreter services during a proceeding. The bill would permit the rights provided pursuant to these provisions only to be waived expressly by the person charged if the waiver is affirmatively shown to be intelligent and voluntary. The bill also would set forth legislative findings and declarations relating to ensuring an adequate supply of court interpreters without sacrificing essential standards for certification.