Rule 88 - Appointment of a Foreign Language Interpreter or Sign Language Interpreter(A) When appointment of a foreign language interpreter is required A court shall appoint a foreign language interpreter in a case or court function in either of the following situations:
(1) A party or witness who is limited English proficient or non-English speaking requests a foreign language interpreter and the court determines the services of the interpreter are necessary for the meaningful participation of the party or witness; (2) Absent a request from a party or witness for a foreign language interpreter, the court concludes the party or witness is limited English proficient or non-English speaking and determines the services of the interpreter are necessary for the meaningful participation of the party or witness. (B) When appointment of a sign language interpreter is required (1) A court shall appoint a sign language interpreter in a case or court function in either of the following situations: (a) A party, witness, or juror who is deaf, hard of hearing, or deaf blind requests a sign language interpreter;(b) Absent a request from a party, witness, or juror for a sign language interpreter, the court concludes the party, witness, or juror is deaf, hard of hearing, or deaf blind and determines the services of the interpreter are necessary for the meaningful participation of the party, witness, or juror.(2) When appointing a sign language interpreter pursuant to division (B)(1) of this rule, the court shall give primary consideration to the method of interpretation chosen by the party, witness, or juror, in accordance with 28 C.F.R. 35.160(b)(2), as amended. (C) Appointments to avoid A court shall use all reasonable efforts to avoid appointing an individual as a foreign language interpreter pursuant to division (A) of this rule or sign language interpreter pursuant to division (B) of this rule if any of the following apply: (1) The interpreter is compensated by a business owned or controlled by a party or a witness;(2) The interpreter is a friend or a family or household member of a party or witness;(3) The interpreter is a potential witness;(4) The interpreter is court personnel employed for a purpose other than interpreting;(5) The interpreter is a law enforcement officer or probation department personnel, prosecutor, defense counsel, or counsel for a party or witness;(6) The interpreter has a pecuniary or other interest in the outcome of the case;(7) The appointment of the interpreter would not serve to protect a party's rights or ensure the integrity of the proceedings;(8) The interpreter does or may have a real or perceived conflict of interest or appearance of impropriety.(D) Appointment of and certification requirement for foreign language interpreters (1) Except as provided in divisions (D)(2) through (4) of this rule, when appointing a foreign language interpreter pursuant to division (A) of this rule, a court shall appoint a Supreme Court certified foreign language interpreter to participate in-person at the case or court function.(2) Except as provided in divisions (D)(3) and (4) of this rule, if a Supreme Court certified foreign language interpreter does not exist or is not reasonably available to participate in-person at the case or court function and after considering the gravity of the proceedings and whether the matter could be rescheduled to obtain a Supreme Court certified foreign language interpreter to participate in-person at the case or court function, a court may appoint a provisionally qualified foreign language interpreter or registered foreign language interpreter to participate in-person at the case or court function. The court shall summarize on the record its efforts to obtain a Supreme Court certified foreign language interpreter to participate in-person at the case or court function and the reasons for using a provisionally qualified foreign language interpreter.(3) Except as provided in division (D)(4) of this rule, if a Supreme Court certified foreign language interpreter or, provisionally qualified foreign language interpreter, or registered foreign language interpreter does not exist or is not reasonably available to participate in-person at the case or court function and after considering the gravity of the proceedings and whether the matter could be rescheduled to obtain a Supreme Court certified foreign language interpreter or, provisionally qualified foreign language interpreter, or registered foreign language interpreter to participate in-person at the case or court function, a court may appoint a foreign language interpreter who demonstrates to the court proficiency in the target language and sufficient preparation to properly interpret the proceedings to participate in-person at the case or court function. Such interpreter shall be styled a "language-skilled foreign language interpreter." The court shall summarize on the record its efforts to obtain a Supreme Court certified foreign language interpreter or provisionally qualified foreign language interpreter to participate in-person at the case or court function and the reasons for using a language-skilled foreign language interpreter. The language-skilled foreign language interpreter's experience, knowledge, and training should be stated on the record. Each language-skilled foreign language interpreter shall take an oath or affirmation under which the interpreter affirms to know, understand, and act according to the "Code of Professional Conduct for Court Interpreters and Translators," as set forth in Appendix H to this rule.(4) If a Supreme Court certified foreign language interpreter, provisionally qualified foreign language interpreter, registered foreign language interpreter, or language-skilled foreign language interpreter does not exist or is not reasonably available to participate in-person at the case or court function and after considering the gravity of the proceedings and whether the matter could be rescheduled to obtain a Supreme Court certified foreign language interpreter, provisionally qualified foreign language interpreter, registered foreign language interpreter, or language-skilled foreign language interpreter to participate in-person at the case or court function, a court may appoint an interpreter to participate in the case or court function through telephonic or video remote interpretation. The court shall summarize on the record its efforts to obtain a Supreme Court certified foreign language interpreter, provisionally qualified foreign language interpreter, registered foreign language interpreter, or language-skilled foreign language interpreter to participate in-person at the case or court function and the reasons for using an interpreter who will participate in the case or court function through telephonic or video remote interpretation. In appointing the interpreter, the court shall follow the order of certification preference in divisions (D)(1) through (3) of this rule and comply with the "Standards for the Use of Telephonic Interpretation," as set forth in Appendix J to this rule, or the "Standards for the Use of Video Remote Interpretation," as set forth in Appendix G to this rule, as applicable.(E)Appointment of and certification requirement for sign language interpreters(1) Except as provided in divisions (E)(2) through (5) of this rule, when appointing a sign language interpreter pursuant to division (B) of this rule, the court shall appoint a Supreme Court certified sign language interpreter.(2) Except as provided in divisions (E)(3) through (5) of this rule, if a Supreme Court certified sign language interpreter does not exist or is not reasonably available and after considering the gravity of the proceedings and whether the matter could be rescheduled to obtain a Supreme Court certified sign language interpreter, a court may appoint a registered sign language interpreter.(3) Except as provided in divisions (E)(4) and (5) of this rule, if a Supreme Court certified sign language interpreter or registered sign language interpreter does not exist or is not reasonably available and after considering the gravity of the proceedings and whether the matter could be rescheduled to obtain a Supreme Court certified sign language interpreter or registered sign language interpreter, a court may appoint a sign language interpreter who holds one of the following certifications: (a) A "National Interpreter Certification" the Registry of Interpreters for the Deaf;(b) A "Certification of Interpretation" and "Certification of Transliteration" from the Registry of Interpreters for the Deaf;(c) A Comprehensive Skills Certificate" from the Registry of Interpreters for the Deaf;(d) A "Level V Certification" from the National Association of the Deaf;(e) A "Level IV Certification" from the National Association of the Deaf.(4) If the communication mode of the deaf, hard-of-hearing, or deaf-blind party, witness, or juror is unique and cannot be adequately accessed by a sign language interpreter who is hearing, a court shall appoint a sign language interpreter certified as a "Certified Deaf Interpreter" by the Registry of Interpreters for the Deaf.(5) If the communication mode of the deaf, hard-of-hearing, or deaf-blind party, witness, or juror requires silent oral techniques, a court may appoint a sign language interpreter who possesses an "Oral Transliteration Certificate" from the Registry of Interpreters for the Deaf.(6) A court shall summarize on the record its efforts to obtain and reasons for not using a Supreme Court certified sign language interpreter or registered sign language interpreter. The sign language interpreter's name, experience, knowledge, and training should be stated on the record.(F)Appointment of multiple foreign language interpreters or sign language interpreters(1) To ensure the accuracy and quality of interpretation, when appointing a foreign language interpreter pursuant to division (A) of this rule or sign language interpreter pursuant to division (B) of this rule, a court shall appoint two or more foreign language interpreters or sign language interpreters in either of the following situations: (a) The case or court function will last two or more hours and requires continuous, simultaneous, or consecutive interpretation;(b) The case or court function will last less than two hours, but the complexity of the circumstances warrants the appointment of two or more interpreters.(2) To ensure the accuracy and quality of interpretation, a court shall appoint two or more foreign language interpreters or sign language interpreters for a case or court function involving multiple parties, witnesses, or jurors requiring the services of an interpreter.(G) Examination on record(1) In determining whether the services of a foreign language interpreter are necessary for the meaningful participation of a party or witness pursuant to division (A) of this rule, the court shall conduct an examination of the party or witness on the record. During the examination, the court shall utilize the services of a foreign language interpreter, who may participate remotely. However, in doing so the court is not required to comply with the requirements of division (D) of this rule.(2) In determining whether the services of a sign language interpreter are necessary for the meaningful participation of a party, witness, or juror, pursuant to division (B) of this rule, the court shall conduct an examination of the party, witness, or juror on the record. During the examination, the court shall utilize the services of a sign language interpreter, who may participate remotely. However, in doing so the court is not required to comply with the requirements of division (E) of this rule.(H) Waiver A party may waive the right to a foreign language interpreter under division (A) of this rule or sign language interpreter under division (B) of this rule, unless the court has determined the interpreter is required for the protection of the party's rights and the integrity of the case or court function. When accepting the party's waiver, the court shall utilize the services of a foreign language interpreter or sign language interpreter, who may participate remotely. However, in doing so the court is not required to comply with the requirements of division (D) or (E) of this rule.
(I)Administration of oath or affirmation A court shall administer an oath or affirmation to a foreign language interpreter appointed pursuant to division (A) of this rule or sign language interpreter appointed pursuant to division (B) of this rule in accordance with Evid.R. 604.
(J)Language-Access Plan For purposes of ensuring language access and effective appointment of interpreters, a court shall develop and implement a language access plan. The language-access plan shall address how the court will provide language services in case or court functions and ancillary court services. The court shall update the language access plan at least once every three years. A court that adopts the Supreme Court of Ohio Model Language Access Plan template is presumed to have complied with this rule.Amended effective 7/1/2014; amended August 6, 2019, effective 1/1/2021; amended February 9, 2023, effective 7/1/2023.