Rule 47.3 - [Effective 7/1/2024] Scheduling and appointing a court interpreter(1)Persons who qualify for appointment of a court interpreter. When the court or court personnel have a reasonable basis to believe a person has limited English proficiency, unless the court determines that another reasonable accommodation is appropriate, the person qualifies for appointment of a court interpreter if the LEP person is a participant in a legal proceeding.(2)Application for appointment of a court interpreter. a.Cases in district court. An attorney must file an application for appointment of a court interpreter with the clerk of court as soon as the attorney learns that the attorney's client or a witness for a client needs an interpreter for a district court proceeding. A self-represented party should file an application for appointment of a court interpreter with the clerk of court as soon as possible after the party learns that the party or a witness for the party needs an interpreter for a court proceeding. Court personnel should obtain the assistance of an interpreter by telephone or in person while helping an unrepresented LEP party complete the form.b.Cases in the appellate courts. When an attorney represents an LEP party in a case on appeal, the attorney must file any application for appointment of a court interpreter in the district court where the case originated.(3)Responsibility for selection and appointment of a court interpreter. When a court or court personnel learn that an interpreter is needed for an LEP participant in a court proceeding, court personnel will contact and select the most qualified interpreter who is reasonably available using the priorities established in rules 47.3(4) through (7). This responsibility cannot be delegated to an attorney or party involved in the case.(4)Priorities in the selection of an oral language interpreter. Subject to exceptions identified in rule 47.3(6), the court or court personnel must select the highest classified interpreter who is reasonably available for the court proceeding, giving preference to interpreters who are on Iowa's roster of court interpreters and using the following classification order:a. Class A certified interpreter, defined in rules 47.4(1) and 47.4(5) (a).b. Class B noncertified interpreter, defined in rule 47.4(2).c. Class C noncertified interpreter, defined in rules 47.4(3) and 47.4(5) (b).d. Oral language interpreter on the list of approved interpreters in another jurisdiction. When there is no interpreter on Iowa's roster of court interpreters who is reasonably available, court personnel must seek an interpreter who is on an official list of certified or qualified interpreters approved by another state court system before selecting an unclassified interpreter as defined in rule 47.4(4).e. Unclassified noncertified interpreter, defined in rule 47.4(4). An unclassified interpreter will be selected only when there is no reasonably available interpreter who meets the minimum qualifications of rule 47.2(1).(5)Priorities in the selection of a sign language interpreter. Subject to exceptions identified in rule 47.3(6), the court or court personnel will select the highest classified interpreter who is reasonably available for a court proceeding using the following classification order, and within each classification, will give preference to interpreters who are on Iowa's roster of court interpreters: a. Class A certified interpreter, as defined in rule 47.5(1).b. Class B noncertified interpreter, as defined in rule 47.5(2).(6)Exceptions to the priorities for selecting a court interpreter.a. Court proceedings within a magistrate s jurisdiction. For any court proceeding within a magistrate's jurisdiction, except a court proceeding involving a simple misdemeanor domestic assault charge, the court may appoint a reasonably available Class B or Class C noncertified interpreter on Iowa's roster of court interpreters before seeking the services of a Class A certified interpreter.b. Interpreter required on short notice. If a court receives notice for the need of an interpreter on the day the court proceeding is scheduled to occur or after 4 p.m. the previous workday, and the court determines that rescheduling the court proceeding would not be appropriate under the circumstances, the court may appoint the highest classified interpreter who is available to interpret at the required time and location. A Spanish interpreter must be at least a Class C interpreter, and an American Sign Language interpreter must be at least a Class B interpreter.c.No reasonably available certified court interpreter resides within 150 miles of the courthouse.(1) If court personnel are unable to locate a reasonably available certified court interpreter for a legal proceeding in an indictable criminal case or termination of parental rights case within 150 miles of the courthouse, court personnel will conduct a regional or national search.(2) If court personnel are unable to locate a reasonably available certified court interpreter for cases other than indictable criminal or termination of parental rights within 150 miles of the courthouse, court personnel may conduct a regional or national search.(3) If court personnel are unable to locate an available certified court interpreter after a regional or national search, court personnel will attempt to locate a noncertified interpreter who is on the Iowa roster of court interpreters or who is on a list of qualified noncertified interpreters maintained by another state court system.(4) If court personnel are unable to locate an available certified or a qualified noncertified interpreter under rules 47.3(6) (c)(1) through (3), court personnel may appoint an interpreter who is not on a list of qualified interpreters maintained by any state court system.(5) Court personnel may request assistance from state court administration in conducting a regional or national search for a court interpreter.d. Civil pretrial proceedings. For any proceeding other than a trial, the court may appoint a reasonably available Class B noncertified interpreter.(7)Interpreter services through remote audio or video communications technology.a. When appointing an appropriate interpreter available through audio or video communications technology, the court should consider the nature of the case and duration of the proceeding to be interpreted.(1) A court may appoint an appropriate interpreter available through audio or video communications technology for any court proceeding expected to last two hours or less.(2) For any court proceeding expected to last longer than approximately two hours, including trials, the court may appoint an appropriate remote interpreter available through video communications technology.(3) In indictable criminal, child in need of assistance, termination of parental rights cases, or exigent proceedings requiring immediate interpreter services, a court may appoint a remote interpreter available through video communications technology.b. A court must appoint a remote audio or video interpreter according to the priorities set forth in rules 47.3(1) through 47.3(6).c. A remote video sign language interpreter must be a Class A certified interpreter or Class B noncertified interpreter as defined in rule 47.4(1) or 47.4(2).d. For a criminal court proceeding expected to last approximately two hours or less, a court may appoint a remote Class A certified interpreter or Class B noncertified interpreter instead of a less qualified interpreter available to interpret in person.e. The court will enter into the record of the court proceeding the interpreter's name, the interpreter services company that provided the interpreter (if applicable), and the interpreter's formal education, interpreter testing and training, experience as an interpreter, and experience as a court interpreter.f. A court may approve a remote interpreter only if the court concludes that the interpreter has the qualifications to be a competent court interpreter.g. Before or at a court proceeding for which a remote interpreter is appointed to facilitate communication with an LEP participant, the court will enter an order appointing the remote interpreter consistent with rule 47.3(8). For an initial appearance in a criminal case, the court may orally appoint the interpreter prior to the proceeding and enter an order appointing the interpreter after the proceeding has been concluded, if necessary.(8)Order appointing a court interpreter.a. When a court interpreter is identified consistent with rule 47.3, the court will enter an order appointing the interpreter prior to the legal proceeding, unless the court has previously entered an order appointing the interpreter for all subsequent proceedings in the case.b. When the court appoints an interpreter for an LEP defendant at an initial appearance, whether the interpreter appears in person or through a remote interpreter service, the order appointing the interpreter must also include the appointment of a qualified interpreter for all subsequent proceedings in the case consistent with rules 47.3(4) through (7), or the order must direct the district court administrator to schedule a qualified interpreter for all subsequent proceedings in the case consistent with rules 47.3(4) through (7).c. An order appointing an interpreter must specify whether the interpreter is appointed for a specific court proceeding or all court proceedings in the case and whether an interpreter also is appointed to assist with attorney-client communications, settlement communications, depositions, witness interviews, and other reasonable preparations prior to the scheduled court proceeding or proceedings for which the interpreter has been appointed.d.An order appointing an interpreter must identify the interpreter's classification under rule 47.4, identify the sign or oral language for which the interpreter is needed, and set the level of compensation for the interpreter consistent with state court administration's standard statewide fees and policies for compensation.(9)Examination of court interpreter qualifications.a. At the start of any court proceeding for which an interpreter will be providing services, the court will question the interpreter on the record regarding the interpreter's classification. If the interpreter is not a Class A or Class B interpreter, the court will inquire on the record about the interpreter's education, knowledge of English and the other language, and interpreting experience.b. If the court finds that the interpreter meets the minimum qualifications in rule 47.2(1), is the highest classified interpreter who is reasonably available consistent with rules 47.3(4) through (7), and has no disqualifying conflict of interest, the court may approve an existing order appointing the interpreter or may enter an order appointing the interpreter.c. At any time during the court proceeding, if the court finds a reasonable basis to believe that an interpreter does not have the appropriate knowledge, skills, or experience to competently interpret the court proceeding, or that the interpreter has a disqualifying conflict of interest, the court must discontinue use of the interpreter.(10)Persons prohibited from appointment as a court interpreter. A court may not appoint a person to be a court interpreter in a legal proceeding if that person is a family member or personal friend of any of the parties or of the person needing an interpreter, or of any person involved in the legal proceeding, including but not limited to: a domestic abuse advocate, attorney, court-appointed special advocate (CASA), juvenile court officer, law enforcement officer, or social worker.(11)Disclosure of conflicts of interest and objections to a court interpreter.a. A court interpreter must promptly inform the court of any known factors that could constitute a conflict of interest for the interpreter in the legal proceedings.b. Objections regarding a court interpreter's competence or conflict of interest must be made within a reasonable time after the grounds for the objection become apparent.c. Class A and Class B court interpreters, as defined in rule 47.4 and rule 47.5, are presumed competent to interpret in all legal proceedings.d. The court will make rulings on objections on the record.(12)Number of court interpreters.a. A court may appoint more than one interpreter if it finds a reasonable basis for multiple interpreters for the court proceeding.b. When a party needs an interpreter and the court expects the interpreted proceeding on a given day to be complex or to last more than four hours, the court must, when reasonably available, appoint more than one interpreter to serve as a team or as relay interpreters during the court proceeding and may appoint more than one interpreter for a deposition.c. When determining whether a court proceeding that is expected to be less than four hours is complex, the court may consider the following: the number of parties or participants who will need an interpreter; whether both a witness and a party will need an interpreter at the same time; whether technical or specialized terms will be used frequently in the court proceeding; and whether the gravity of the court proceeding enhances concern for the accuracy of the interpretation.d. When two or more parties with adverse interests in a case need an interpreter of the same language, the court will appoint a separate interpreter for each party when reasonably available, unless all parties knowingly and voluntarily waive the right to separate interpreters on the record.e. When the court appoints two or more interpreters for a proceeding, only one interpreter at a given time may provide the simultaneous interpretation of the general court proceedings and the consecutive interpretation of witness testimony for the LEP parties, while any additional interpreter will provide interpretation for attorney-client communications during the proceeding. In this situation, the proceedings and witness interpreter will use a mobile microphone and transmitter, and the LEP parties will use mobile receivers with headphones. The interpreters must rotate the duty of interpreting the proceedings and witness testimony at least once per hour.f. When a proceeding will be more than four hours, and two or more LEP parties or LEP parties and witnesses need an interpreter, the court may appoint fewer than two interpreters for each LEP party and direct the interpreters to work as a team to provide interpreting services for attorney-client communications and for general proceedings and witness interpretation as described in rule 47.3(12)(e).g. When an appointed American Sign Language (ASL) interpreter reports difficulty communicating with an LEP participant, the court may appoint a certified deaf interpreter (CDI) to work as a relay interpreter with the ASL interpreter.(13)Interpreter cancellation and substitution. When a court interpreter learns that the interpreter will be unable to fulfill the terms of an appointment or agreement to interpret during a court proceeding, the interpreter must: a. Promptly arrange for a substitute interpreter who resides in the county where the court proceeding is scheduled to occur, or a county contiguous to that county, and who has a classification under rule 47.4 that is equal to or greater than the original interpreter's classification. When a substitute interpreter has been secured, the original interpreter must promptly inform the district court administrator's office or the clerk of district court where the court proceeding is scheduled and the attorney whose client needs an interpreter, if applicable, regarding the substitution.b. If the original interpreter is unable to secure a substitute interpreter consistent with rule 47.3(13) (a), the original interpreter must promptly inform the district court administrator's office or the clerk of district court where the court proceeding is scheduled that a substitute interpreter is needed for the court proceeding.(14)Reimbursement of oral language interpreter fees paid by state court administration.a. For purposes of rule 47.3(14), "interpreter" applies only to oral language interpreters and translators.b. When state court administration pays an interpreter for services provided to an LEP participant in a court proceeding, the court will apportion costs according to the following provisions:(1) In a criminal case in which an interpreter provided services for a non-indigent defendant, the court will order the defendant to pay the total amount of interpreter fees to the court.(2) In a child in need of assistance or termination of parental rights case in which an interpreter provided services for a parent, guardian, or custodian who was represented by a privately retained attorney, the court will order the person who needed the interpreter to pay the total amount of interpreter fees to the court.(3) In a juvenile delinquency case in which an interpreter provided services for a parent whose child was the subject of a delinquency petition, the court will order the parent who needed an interpreter to pay the total amount of interpreter fees to the court.(4) In a civil case other than child in need of assistance or termination of parental rights, the court will tax the total amount of interpreter fees as court costs pursuant to Iowa Code sections 622A.3(2) and 625.1.c. This rule does not limit the authority of the court to order the repayment of interpreter fees paid by another public agency, such as the state public defender, pursuant to any applicable statute or rule that authorizes or requires the repayment. (15)Payment for interpreter services.a. Claims for payment of interpreter service fees must be submitted to the Iowa Judicial Branch Finance Department within 60 days from the date on which the interpreter performed the services. Fee claims are timely only if all documents required for payment are submitted within 60 days from the date of service. Fee claims that are not supported or submitted within 60 days from the date of service will be denied.b. The judicial branch may grant an exception to the 60-day requirement only if the delay is due to one of the following circumstances:(1) Death of the interpreter.(2) Death of the interpreter's spouse, child, parent, or sibling.(3) A serious illness, injury, or other medical condition prevents the interpreter from working or performing other regular daily activities for more than three consecutive days within the last five days before the expiration of the 60-day period for submission of a fee claim.c. The government office responsible for paying the interpreter, in its sole discretion, may grant an exception to the 60-day fee claim submission requirement if an interpreter provides substantial and convincing evidence that some other extraordinary condition beyond the interpreter's control prevented the interpreter from submitting a fee claim within the 60-day period.d. Fee claims submitted pursuant to an exception from the 60-day period must be submitted with all documents required for payment within 90 days from the date on which the interpreter services were performed, or the claims will be denied.Ct. Inte. & Tran. R. 47.3
Court Orders December 22, 2003, April 26, 2004, and September 16, 2004, effective 11/1/2004; 8/28/2006, effective 10/1/2006; 2/14/2008, effective 4/1/2008; 8/10/2009; 12/4/2014, effective 7/1/2015; 12/13/2017, effective 1/1/2018; Order July 20, 2020, effective 10/1/2020; court order September 14, 2021, effective 10/1/2021; Order April 29, 2024, effective 7/1/2024.