Court interpreters

AN ACT Relating to court interpreters; amending RCW 2.43.010, 1
2.43.030, 2.43.050, 2.43.060, 2.43.080, 2.43.070, 2.43.040, 2.43.090, 2
2.56.030, 7.105.245, 13.04.043, and 2.42.120; reenacting and amending 3
RCW 2.43.020; adding new sections to chapter 2.43 RCW; and 4
recodifying RCW 2.43.040 and 2.43.080. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 2.43.010 and 1989 c 358 s 1 are each amended to read 7
as follows: 8
It is hereby declared to be the policy of this state to secure 9
the rights, constitutional or otherwise, of persons who, because of a 10
non-English-speaking cultural background, are unable to readily 11
understand or communicate in the English language, and who 12
consequently cannot be fully protected in legal proceedings unless 13
((qualified)) interpreters are available to assist them.14
It is the intent of the legislature in the passage of this 15
chapter to provide for the use and procedure for the appointment of 16
such interpreters. ((Nothing in chapter 358, Laws of 1989 abridges 17
the parties' rights or obligations under other statutes or court 18
rules or other law.))19
Z-0267.1
HOUSE BILL 1174
State of Washington 69th Legislature 2025 Regular Session
By Representatives Peterson, Thai, Ryu, Taylor, Ortiz-Self, Simmons,
Goodman, Davis, Ormsby, Lekanoff, Salahuddin, and Hill; by request of
Administrative Office of the Courts
Prefiled 01/07/25. Read first time 01/13/25. Referred to Committee
on Civil Rights & Judiciary.
p. 1 HB 1174
Sec. 2. RCW 2.43.020 and 2010 c 190 s 2 are each reenacted and 1
amended to read as follows: 2
As used in this chapter: 3
(1) (("Appointing authority" means the presiding officer or 4
similar official of any court, department, board, commission, agency, 5
licensing authority, or legislative body of the state or of any 6
political subdivision thereof.7
(2) "Certified interpreter" means an interpreter who is certified 8
by the administrative office of the courts.9
(3))) "Credentialed interpreter" means an interpreter who is 10
credentialed by the administrative office of the courts in a spoken 11
language.12
(2) "Judicial officer" means a judge, commissioner, or magistrate 13
of any court.14
(3) "Language access plan" means a plan that is publicly 15
available which contains the elements required by RCW 2.43.090.16
(4) "Legal proceeding" means ((a)) any proceeding in any court 17
((in this state, grand jury hearing, or hearing )), and in any type of 18
hearing before ((an inquiry judge, )) a judicial officer, an 19
administrative law judge, or before an administrative board, 20
commission, agency, or licensing body of the state or any political 21
subdivision ((thereof)). 22
(((4) "Non-English-speaking person" )) (5) "Person with limited 23
English proficiency" means ((any)) a person involved in a legal 24
proceeding who cannot readily speak or understand the English 25
language, but does not include ((hearing-impaired persons )) deaf, 26
deaf-blind, and hard of hearing individuals who are covered under 27
chapter 2.42 RCW. 28
(((5) "Qualified interpreter" means a person who is able readily 29
to interpret or translate spoken and written English for non-English-30
speaking persons and to interpret or translate oral or written 31
statements of non-English-speaking persons into spoken English.))32
(6) (("Registered interpreter" means an interpreter who is 33
registered by the administrative office of the courts. )) "Presiding 34
officer" means the judicial officer or similar official of any court, 35
department, board, commission, agency, or licensing authority of the 36
state or of any political subdivision thereof.37
Sec. 3. RCW 2.43.030 and 2005 c 282 s 3 are each amended to read 38
as follows: 39
p. 2 HB 1174
(1) ((Whenever an interpreter is appointed to assist a non-1
English-speaking person in a legal proceeding, the appointing 2
authority shall, in the absence of a written waiver by the person, 3
appoint a certified or a qualified interpreter to assist the person 4
throughout the proceedings.5
(a) Except as otherwise provided for in (b) of this subsection, 6
the interpreter appointed shall be a qualified interpreter.7
(b) Beginning on July 1, 1990, when a non-English-speaking person 8
is a party to a legal proceeding, or is subpoenaed or summoned by an 9
appointing authority or is otherwise compelled by an appointing 10
authority to appear at a legal proceeding, the appointing authority 11
shall use the services of only those language interpreters who have 12
been certified by the administrative office of the courts, unless 13
good cause is found and noted on the record by the appointing 14
authority. For purposes of chapter 358, Laws of 1989, "good cause" 15
includes but is not limited to a determination that:16
(i) Given the totality of the circumstances, including the nature 17
of the proceeding and the potential penalty or consequences involved, 18
the services of a certified interpreter are not reasonably available 19
to the appointing authority; or20
(ii) The current list of certified interpreters maintained by the 21
administrative office of the courts does not include an interpreter 22
certified in the language spoken by the non-English-speaking person.23
(c) Except as otherwise provided in this section, when a non-24
English-speaking person is involved in a legal proceeding, the 25
appointing authority shall appoint a qualified interpreter. )) (a) 26
Credentialed interpreters shall be appointed in legal proceedings 27
involving participation of persons with limited English proficiency, 28
unless good cause is found on the record for appointing a 29
noncredentialed interpreter.30
(b) For purposes of this chapter, "good cause" includes, but is 31
not limited to, a determination that:32
(i) Given the totality of the circumstances, including the nature 33
of the proceeding and the potential penalty or consequences involved, 34
the services of a credentialed interpreter are not reasonably 35
available; or36
(ii) The current list of interpreters maintained by the 37
administrative office of the courts does not include an interpreter 38
credentialed in the language spoken by the person with limited 39
English proficiency.40
p. 3 HB 1174
(2) If good cause is found for using an interpreter who is not 1
((certified or if a qualified interpreter is appointed, the 2
appointing authority shall make a preliminary determination, on the 3
basis of testimony or stated needs of the non-English-speaking 4
person, that the proposed interpreter is able to interpret accurately 5
all communications to and from such person in that particular 6
proceeding. The appointing authority shall satisfy itself on the 7
record that the proposed interpreter:8
(a) Is capable of communicating effectively with the court or 9
agency and the person for whom the interpreter would interpret; and10
(b) Has read, understands, and will abide by the code of ethics 11
for language interpreters established by court rules )) credentialed, 12
the judicial or presiding officer shall make a preliminary 13
determination that the proposed interpreter is able to interpret 14
accurately all communications to and from the person with limited 15
English proficiency in that particular proceeding. The determination 16
shall be made on the basis of testimony or stated needs of the person 17
with limited English proficiency.18
(3) The judicial or presiding officer shall satisfy itself and 19
state on the record that:20
(a) The proposed interpreter is capable of communicating 21
effectively in English and in the non-English language. If the 22
interpreter is assigned to interpret between two non-English 23
languages (relay interpreter), the interpreter shall not be required 24
to communicate in English;25
(b) The proposed interpreter has read, understands, and will 26
abide by the code of professional responsibility for judiciary 27
interpreters established by court rule. If the interpreter does not 28
meet this requirement, the interpreter may be given time to review 29
the code of professional responsibility for judiciary interpreters; 30
and31
(c) The person with limited English proficiency can understand 32
the interpreter.33
(4) The court shall inquire whether the interpreter can 34
accurately interpret in the consecutive mode and whether the 35
interpreter can accurately interpret in the simultaneous mode.36
(5) If the proposed interpreter does not meet the criteria in 37
subsection (3) of this section, another interpreter must be used.38
p. 4 HB 1174
Sec. 4. RCW 2.43.050 and 2017 c 83 s 2 are each amended to read 1
as follows: 2
(1)(a) Upon ((certification or registration with the 3
administrative office of the courts, certified or registered )) 4
obtaining an interpreter credential with the administrative office of 5
the courts, credentialed interpreters shall take ((an)) a permanent 6
oath, affirming that the interpreter will make a true interpretation 7
((to the person being examined )) of all the proceedings ((in a 8
language which the person understands, )) and that the interpreter 9
will repeat the statements of the person ((being examined )) with 10
limited English proficiency to the court or agency conducting the 11
proceedings, in the English language, to the best of the 12
interpreter's skill and judgment. 13
(b) The administrative office of the courts shall maintain the 14
list of credentialed interpreters and a record of the oath in the 15
same manner ((that the list of certified and registered interpreters 16
is maintained)). 17
(2) Before any person serving as an interpreter for the court or 18
agency begins to interpret, the ((appointing authority)) judicial or 19
presiding officer shall require the interpreter to state the 20
interpreter's name on the record and whether the interpreter is a 21
((certified or registered )) credentialed interpreter. If the 22
interpreter is not a ((certified or registered )) credentialed 23
interpreter, the interpreter must ((submit the interpreter's 24
qualifications)) be qualified on the record. 25
(3) Before beginning to interpret, every interpreter appointed 26
under this chapter shall take an oath unless the interpreter is a 27
((certified or registered )) credentialed interpreter who has taken 28
the oath as required in subsection (1) of this section. The oath must 29
affirm that the interpreter will make a true interpretation to the 30
person being examined of all the proceedings in a language which the 31
person understands, and that the interpreter will repeat the 32
statements of the person being examined to the court or agency 33
conducting the proceedings, in the English language, to the best of 34
the interpreter's skill and judgment. 35
Sec. 5. RCW 2.43.060 and 1989 c 358 s 6 are each amended to read 36
as follows: 37
(1) The right to ((a qualified)) an interpreter may not be waived 38
except when: 39
p. 5 HB 1174
(a) A ((non-English-speaking)) person with limited English 1
proficiency requests a waiver on the record; and 2
(b) The ((appointing authority )) judicial or presiding officer 3
determines on the record that the waiver has been made knowingly, 4
voluntarily, and intelligently. 5
(2) ((Waiver of a qualified interpreter )) The waiver of the right 6
to an interpreter may be set aside and an interpreter appointed ((, 7
in)) at the discretion of the ((appointing authority, )) judicial or 8
presiding officer at any time during the proceedings.9
(3) The waiver of the right to an interpreter does not preclude a 10
person with limited English proficiency from exercising the right to 11
an interpreter at a later time.12
Sec. 6. RCW 2.43.080 and 1989 c 358 s 8 are each amended to read 13
as follows: 14
All language interpreters serving in a legal proceeding, whether 15
or not ((certified or qualified)) credentialed, shall abide by a code 16
of ((ethics)) professional responsibility for judiciary interpreters 17
established by supreme court rule. 18
NEW SECTION. Sec. 7. A new section is added to chapter 2.43 RCW 19
to read as follows: 20
The court shall appoint a team of interpreters as required by 21
supreme court rule. 22
Sec. 8. RCW 2.43.070 and 2005 c 282 s 4 are each amended to read 23
as follows: 24
(1) Subject to the availability of funds, the administrative 25
office of the courts shall establish and maintain a credentialing 26
program for spoken language interpreters and administer ((a)) 27
comprehensive testing ((and certification program for language 28
interpreters)). 29
(2) The administrative office of the courts shall work 30
cooperatively with ((community colleges and other )) public or private 31
((or public )) educational institutions, and with other public or 32
private organizations to establish ((a certification preparation 33
curriculum and)) suitable training programs and engage in recruitment 34
efforts to ensure the availability of ((certified)) credentialed 35
interpreters. Training programs shall be made readily available in 36
both eastern and western Washington locations. 37
p. 6 HB 1174
(3) The administrative office of the courts shall establish and 1
adopt standards of proficiency, written and oral, in English and the 2
language to be interpreted. 3
(4) The administrative office of the courts shall conduct 4
periodic examinations to ensure the availability of ((certified)) 5
credentialed interpreters. Periodic examinations shall be made 6
readily available in both eastern and western Washington locations.7
(5) The administrative office of the courts shall compile, 8
maintain, and disseminate a current list of interpreters 9
((certified)) credentialed by the office. 10
(6) The administrative office of the courts may charge reasonable 11
fees for testing, training, and ((certification)) credentialing.12
(7) The administrative office of the courts may create different 13
credentials and provide guidance for the selection and use of 14
credentialed and noncredentialed interpreters to ensure the highest 15
standards of accuracy are maintained in all judicial proceedings.16
Sec. 9. RCW 2.43.040 and 2023 c 102 s 1 are each amended to read 17
as follows: 18
(1) Interpreters appointed according to this chapter are entitled 19
to a reasonable fee for their services and shall be reimbursed for 20
actual expenses which are reasonable as provided in this section.21
(2)(a) In all legal proceedings ((in which the non-English-22
speaking person is a party, or is subpoenaed or summoned by the 23
appointing authority or is otherwise compelled by the appointing 24
authority to appear, including criminal proceedings, grand jury 25
proceedings, coroner's inquests, mental health commitment 26
proceedings, and other legal proceedings initiated by agencies of 27
government, the cost of providing the interpreter shall be borne by 28
the governmental body initiating the legal proceedings.29
(3) In other legal proceedings, the cost of providing the 30
interpreter shall be borne by the non-English-speaking person unless 31
such person is indigent according to adopted standards of the body. 32
In such a case the cost shall be an administrative cost of the 33
governmental body under the authority of which the legal proceeding 34
is conducted.35
(4))) and court-mandated classes, a person with limited English 36
proficiency is not responsible for the cost of the interpreter if 37
that person is:38
(i) A party;39
p. 7 HB 1174
(ii) Subpoenaed or summoned;1
(iii) A parent, guardian, or custodian of a juvenile; or2
(iv) Compelled to appear.3
(b) In legal proceedings initiated by agencies of government, the 4
cost of providing the interpreter shall be borne by the governmental 5
body initiating the legal proceedings.6
(3) Subject to the availability of funds specifically 7
appropriated ((therefor)) for this purpose, the administrative office 8
of the courts shall reimburse the ((appointing authority for up to 9
one-half of the payment to the interpreter where an interpreter is 10
appointed by a judicial officer in a proceeding before a court at 11
public expense and:12
(a) The interpreter appointed is an interpreter certified by the 13
administrative office of the courts or is a qualified interpreter 14
registered by the administrative office of the courts in a 15
noncertified language, or where the necessary language is not 16
certified or registered, the interpreter has been qualified by the 17
judicial officer pursuant to this chapter;18
(b) The court conducting the legal proceeding has an approved 19
language assistance plan that complies with RCW 2.43.090; and20
(c) The fee paid to the interpreter for services is in accordance 21
with standards established by the administrative office of the 22
courts)) participating state court for language access services costs 23
and one-half of the payment of interpreter costs unless a higher 24
reimbursement rate is established in the omnibus budget.25
Sec. 10. RCW 2.43.090 and 2008 c 291 s 1 are each amended to 26
read as follows: 27
(1) ((Each trial court )) Trial courts organized under this title 28
and Titles 3 and 35 RCW must develop and maintain a written language 29
((assistance)) access plan to provide a framework for the provision 30
of ((interpreter)) language access services for ((non-English-31
speaking)) persons with limited English proficiency accessing the 32
court system and its programs in both civil and criminal legal 33
matters. Courts may use a template developed by the administrative 34
office of the courts in developing their language access plan.35
(2) The language ((assistance)) access plan must at a minimum 36
include((, at a minimum, provisions addressing )) provisions designed 37
to provide procedures for court staff and the public, as may be 38
necessary, that address the following: 39
p. 8 HB 1174
(a) Procedures to identify and ((assess)) provide the language 1
needs of ((non-English-speaking)) persons with limited English 2
proficiency using the court system; 3
(b) Procedures for ((the appointment of )) requesting and 4
appointing interpreters as required under RCW 2.43.030((. Such 5
procedures shall not require the non-English-speaking person to make 6
the arrangements for the interpreter to appear in court));7
(c) Procedures for notifying court users of the right to an 8
interpreter and the availability of interpreter services. Such 9
information shall be prominently displayed in the courthouse in the 10
five ((foreign)) or more languages other than English that ((census)) 11
reputable data indicates are predominate in the jurisdiction;12
(d) A process for providing timely communication ((with non-13
English speakers by )) between individuals with limited English 14
proficiency and all court employees who have regular contact with the 15
public and ((meaningful)) effective access to court ((services, 16
including access to )) services provided by the clerk's office and 17
other court-managed programs; 18
(e) Procedures for evaluating the need for translation of written 19
materials, and prioritizing and providing those ((translation needs, 20
and translating the highest priority materials. These procedures )) 21
translated materials. Courts should take into account the frequency 22
of use of forms by the language group, and the cost of ((orally 23
interpreting)) providing the forms by other means;24
(f) A process for ((requiring and providing )) training ((to)) 25
judges, court clerks, and ((other)) court staff on ((the requirements 26
of the language assistance plan )) best practices in serving 27
individuals with limited English proficiency in legal proceedings and 28
how to effectively ((access)) assign and work with interpreters and 29
provide interpretation; and 30
(g) A process for an ongoing evaluation of the language 31
((assistance)) access plan and a process for monitoring ((of)) the 32
implementation of the language ((assistance)) access plan.33
(((2))) (3) Each court, when developing its language 34
((assistance)) access plan, must consult with judges, court 35
administrators ((and)), court staff, court clerks, interpreters, and 36
members of the community, such as domestic violence organizations, 37
pro bono programs, courthouse facilitators, legal services programs, 38
and/or other community groups whose members speak a language other 39
than English. 40
p. 9 HB 1174
(((3) Each court must provide a copy of its language assistance 1
plan to the interpreter commission established by supreme court rule 2
for approval prior to receiving state reimbursement for interpreter 3
costs under this chapter.4
(4) Each court receiving reimbursement for interpreter costs 5
under RCW 2.42.120 or 2.43.040 must provide to the administrative 6
office of the courts by November 15, 2009, a report detailing an 7
assessment of the need for interpreter services for non -English 8
speakers in court -mandated classes or programs, the extent to which 9
interpreter services are currently available for court -mandated 10
classes or programs, and the resources that would be required to 11
ensure that interpreters are provided to non -English speakers in 12
court-mandated classes or programs. The report shall also include the 13
amounts spent annually on interpreter services for fiscal years 2005, 14
2006, 2007, 2008, and 2009. The administrative office of the courts 15
shall compile these reports and provide them along with the specific 16
reimbursements provided, by court and fiscal year, to the appropriate 17
committees of the legislature by December 15, 2009.))18
(4) Beginning January 1, 2026, and every two years thereafter, 19
all courts must submit their most recent language access plan to the 20
administrative office of the courts.21
(5) The administrative office of the courts shall provide 22
technical assistance to trial courts in developing their language 23
access plans.24
(6) Each court must provide a copy of its language access plan to 25
the administrative office of the courts in accordance with criteria 26
for approval recommended by the interpreter and language access 27
commission for approval prior to receiving state reimbursement for 28
interpreter costs under this chapter.29
(7) Each court shall make available on its website translated 30
information that informs the public of procedures necessary to access 31
a court's language access services and programs. The information 32
shall be provided in five or more languages other than English that 33
reputable data indicates are predominant in the jurisdiction.34
Sec. 11. RCW 2.56.030 and 2019 c 271 s 5 are each amended to 35
read as follows: 36
The administrator for the courts shall, under the supervision and 37
direction of the chief justice: 38
p. 10 HB 1174
(1) Examine the administrative methods and systems employed in 1
the offices of the judges, clerks, stenographers, and employees of 2
the courts and make recommendations, through the chief justice, for 3
the improvement of the same; 4
(2) Examine the state of the dockets of the courts and determine 5
the need for assistance by any court; 6
(3) Make recommendations to the chief justice relating to the 7
assignment of judges where courts are in need of assistance and carry 8
out the direction of the chief justice as to the assignments of 9
judges to counties and districts where the courts are in need of 10
assistance; 11
(4) Collect and compile statistical and other data and make 12
reports of the business transacted by the courts and transmit the 13
same to the chief justice to the end that proper action may be taken 14
in respect thereto; 15
(5) Prepare and submit budget estimates of state appropriations 16
necessary for the maintenance and operation of the judicial system 17
and make recommendations in respect thereto; 18
(6) Collect statistical and other data and make reports relating 19
to the expenditure of public moneys, state and local, for the 20
maintenance and operation of the judicial system and the offices 21
connected therewith; 22
(7) Obtain reports from clerks of courts in accordance with law 23
or rules adopted by the supreme court of this state on cases and 24
other judicial business in which action has been delayed beyond 25
periods of time specified by law or rules of court and make report 26
thereof to supreme court of this state; 27
(8) Act as secretary of the judicial conference referred to in 28
RCW 2.56.060; 29
(9) Submit annually, as of February 1st, to the chief justice, a 30
report of the activities of the administrator's office for the 31
preceding calendar year including activities related to courthouse 32
security; 33
(10) Administer programs and standards for the training and 34
education of judicial personnel; 35
(11) Examine the need for new superior court and district court 36
judge positions under an objective workload analysis. The results of 37
the objective workload analysis shall be reviewed by the board for 38
judicial administration which shall make recommendations to the 39
legislature. It is the intent of the legislature that an objective 40
p. 11 HB 1174
workload analysis become the basis for creating additional district 1
and superior court positions, and recommendations should address that 2
objective; 3
(12) Provide staff to the judicial retirement account plan under 4
chapter 2.14 RCW; 5
(13) Attend to such other matters as may be assigned by the 6
supreme court of this state; 7
(14) Within available funds, develop a curriculum for a general 8
understanding of child development, placement, and treatment 9
resources, as well as specific legal skills and knowledge of relevant 10
statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, 11
court rules, interviewing skills, and special needs of the abused or 12
neglected child. This curriculum shall be completed and made 13
available to all juvenile court judges, court personnel, and service 14
providers and be updated yearly to reflect changes in statutes, court 15
rules, or case law; 16
(15) Develop, in consultation with the entities set forth in RCW 17
2.56.150(3), a comprehensive statewide curriculum for persons who act 18
as guardians ad litem under Title 13 or 26 RCW. The curriculum shall 19
be made available July 1, 2008, and include specialty sections on 20
child development, child sexual abuse, child physical abuse, child 21
neglect, domestic violence, clinical and forensic investigative and 22
interviewing techniques, family reconciliation and mediation 23
services, and relevant statutory and legal requirements. The 24
curriculum shall be made available to all superior court judges, 25
court personnel, and all persons who act as guardians ad litem;26
(16) Develop a curriculum for a general understanding of hate 27
crime offenses, as well as specific legal skills and knowledge of RCW 28
9A.36.080, relevant cases, court rules, and the special needs of hate 29
crime offense victims. This curriculum shall be made available to all 30
superior court and court of appeals judges and to all justices of the 31
supreme court; 32
(17) Develop, in consultation with the criminal justice training 33
commission and the commissions established under chapters 43.113, 34
43.115, and 43.117 RCW, a curriculum for a general understanding of 35
ethnic and cultural diversity and its implications for working with 36
youth of color and their families. The curriculum shall be available 37
to all superior court judges and court commissioners assigned to 38
juvenile court, and other court personnel. Ethnic and cultural 39
diversity training shall be provided annually so as to incorporate 40
p. 12 HB 1174
cultural sensitivity and awareness into the daily operation of 1
juvenile courts statewide; 2
(18) Authorize the use of closed circuit television and other 3
electronic equipment in judicial proceedings. The administrator shall 4
promulgate necessary standards and procedures and shall provide 5
technical assistance to courts as required; 6
(19) Develop a Washington family law handbook in accordance with 7
RCW 2.56.180; 8
(20) Administer state funds for improving the operation of the 9
courts and provide support for court coordinating councils, under the 10
direction of the board for judicial administration;11
(21) Administer the family and juvenile court improvement grant 12
program; 13
(22)(a) Administer and distribute amounts appropriated under RCW 14
43.08.250(2) for district court judges' and qualifying elected 15
municipal court judges' salary contributions. The administrator for 16
the courts shall develop a distribution formula for these amounts 17
that does not differentiate between district and elected municipal 18
court judges. 19
(b) A city qualifies for state contribution of elected municipal 20
court judges' salaries under (a) of this subsection if:21
(i) The judge is serving in an elected position;22
(ii) The city has established by ordinance that a full-time judge 23
is compensated at a rate equivalent to at least ninety-five percent, 24
but not more than one hundred percent, of a district court judge 25
salary or for a part-time judge on a pro rata basis the same 26
equivalent; and 27
(iii) The city has certified to the office of the administrator 28
for the courts that the conditions in (b)(i) and (ii) of this 29
subsection have been met; 30
(23) Subject to the availability of funds specifically 31
appropriated therefor, assist courts in the development and 32
implementation of language ((assistance)) access plans required under 33
RCW 2.43.090. 34
Sec. 12. RCW 7.105.245 and 2021 c 215 s 33 are each amended to 35
read as follows: 36
(1) Pursuant to chapter 2.42 RCW, in order to ensure that parties 37
have meaningful access to the court, an interpreter shall be 38
appointed for any party who is deaf, hard of hearing, deaf-blind, or 39
p. 13 HB 1174
has a speech impairment and cannot readily understand or communicate 1
in spoken language. Notwithstanding the provisions of chapter 2.42 2
RCW, the court shall not: 3
(a) Appoint an interpreter who is not credentialed or duly 4
qualified by the court to provide interpretation services; or5
(b) Appoint a person to provide interpretation services if that 6
person is serving as an advocate for the party. 7
(2) Pursuant to chapter 2.43 RCW, in order to ensure that parties 8
have meaningful access to the court, an interpreter shall be 9
appointed for any party who ((cannot readily speak or understand the 10
English language )) has limited English proficiency . Notwithstanding 11
the provisions of chapter 2.43 RCW, the court shall not:12
(a) Appoint an interpreter who is not credentialed or duly 13
qualified by the court to provide interpretation services; or14
(b) Appoint a person to provide interpretation services if that 15
person is serving as an advocate for the party. 16
(3) Once an interpreter has been appointed for a party, the party 17
shall no longer be required to make further requests for the 18
appointment of an interpreter for subsequent hearings or proceedings. 19
The clerk shall identify the party as a person who needs interpreter 20
services and the clerk or the court administrator shall be 21
responsible for ensuring that an interpreter is available for every 22
subsequent hearing. 23
(4) The interpreter shall interpret for the party meeting with 24
either counsel or court staff, or both, for the purpose of preparing 25
forms and participating in the hearing and court-ordered assessments, 26
and the interpreter shall sight translate any orders.27
(5) The same interpreter shall not serve parties on both sides of 28
the proceeding when not on the record, nor shall the interpreter 29
appointed by the court for the proceeding be the same interpreter 30
appointed for any court-ordered assessments, unless the court finds 31
good cause on the record to do so because it is not possible to 32
obtain more than one interpreter for the proceeding, or the safety of 33
the litigants is not compromised, or any other reasons identified by 34
the court. 35
(6) Courts shall make a private space available for parties, 36
counsel, and/or court staff and interpreters to sight translate any 37
written documents or to meet and confer. 38
p. 14 HB 1174
(7) When a hearing is conducted through telephone, video, or 1
other electronic means, the court must make appropriate arrangements 2
to permit interpreters to serve the parties and the court as needed.3
Sec. 13. RCW 13.04.043 and 1993 c 415 s 6 are each amended to 4
read as follows: 5
The administrator of juvenile court shall obtain interpreters as 6
needed consistent with the intent and practice of chapter 2.43 RCW, 7
to enable ((non-English-speaking)) youth with limited English 8
proficiency and their families to participate in detention, 9
probation, or court proceedings and programs. 10
NEW SECTION. Sec. 14. RCW 2.43.040 and 2.43.080 are each 11
recodified as sections in chapter 2.43 RCW.12
Sec. 15. RCW 2.42.120 and 2008 c 291 s 2 are each amended to 13
read as follows: 14
(1) If a hearing impaired person is a party or witness at any 15
stage of a judicial or quasi-judicial proceeding in the state or in a 16
political subdivision, including but not limited to civil and 17
criminal court proceedings, grand jury proceedings, proceedings 18
before a magistrate, juvenile proceedings, adoption proceedings, 19
mental health commitment proceedings, and any proceeding in which a 20
hearing impaired person may be subject to confinement or criminal 21
sanction, the appointing authority shall appoint and pay for a 22
qualified interpreter to interpret the proceedings.23
(2) If the parent, guardian, or custodian of a juvenile brought 24
before a court is hearing impaired, the appointing authority shall 25
appoint and pay for a qualified interpreter to interpret the 26
proceedings. 27
(3) ((If a hearing impaired person participates in a program or 28
activity ordered by a court as part of the sentence or order of 29
disposition, required as part of a diversion agreement or deferred 30
prosecution program, or required as a condition of probation or 31
parole, the appointing authority shall appoint and pay for a 32
qualified interpreter to interpret exchange of information during the 33
program or activity.34
(4) If a law enforcement agency conducts a criminal investigation 35
involving the interviewing of a hearing impaired person, whether as a 36
victim, witness, or suspect, the appointing authority shall appoint 37
p. 15 HB 1174
and pay for a qualified interpreter throughout the investigation. 1
Whenever a law enforcement agency conducts a criminal investigation 2
involving the interviewing of a minor child whose parent, guardian, 3
or custodian is hearing impaired, whether as a victim, witness, or 4
suspect, the appointing authority shall appoint and pay for a 5
qualified interpreter throughout the investigation. No employee of 6
the law enforcement agency who has responsibilities other than 7
interpreting may be appointed as the qualified interpreter.8
(5) If a hearing impaired person is arrested for an alleged 9
violation of a criminal law the arresting officer or the officer's 10
supervisor shall, at the earliest possible time, procure and arrange 11
payment for a qualified interpreter for any notification of rights, 12
warning, interrogation, or taking of a statement. No employee of the 13
law enforcement agency who has responsibilities other than 14
interpreting may be appointed as the qualified interpreter.15
(6))) Where it is the policy and practice of a court of this 16
state or of a political subdivision to appoint and pay counsel for 17
persons who are indigent, the appointing authority shall appoint and 18
pay for a qualified interpreter for hearing impaired persons to 19
facilitate communication with counsel in all phases of the 20
preparation and presentation of the case. 21
(((7))) (4) Subject to the availability of funds specifically 22
appropriated therefor, the administrative office of the courts shall 23
reimburse the appointing authority for up to one-half of the payment 24
to the interpreter where a qualified interpreter is appointed for a 25
hearing impaired person by a judicial officer in a proceeding before 26
a court under subsection (1)((,)) or (2)((, or (3))) of this section 27
in compliance with the provisions of RCW 2.42.130 and 2.42.170.28
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p. 16 HB 1174