Pa. Code tit. 204, pt. VII, ch. 221, subch. 4, sch. F
Legal Authority
In accordance with Act 172 of 2006 (42 Pa.C.S. §§ 4411(e) and 4431(e)), the Court Administrator of Pennsylvania hereby establishes these Rules of Professional Conduct for Judiciary Interpreters in the Unified Judicial System of Pennsylvania.
Preamble
Many persons who come before the courts are partially or completely excluded from full participation in the proceedings due to limited English proficiency (LEP) or because they are speech impaired or have a hearing loss. It is the Court's intention to remove this communication barrier in order to provide equal access and due process so that these persons are placed in the same position as similarly situated persons for whom there is no such impediment. As officers of the court, interpreters help assure that such persons may enjoy equal access to justice and that court proceedings and court support services function efficiently and effectively. Interpreters are highly skilled professionals who fulfill an essential role in the administration of justice. In their capacity as officers of the court, court interpreters are bound by rules of professional conduct.
Applicability and Enforcement
These rules shall guide and be binding upon all persons, agencies and organizations who administer, supervise, deliver, or attempt to become certified to deliver, interpreting services to the Judiciary. It shall govern the conduct of persons who are employed, under contract, or otherwise appointed by the Judiciary to interpret, transliterate, or deliver foreign and sign language interpreting services to the judicial system. This shall include persons who offer their services free of charge or on a volunteer basis.
Violations of these rules may result in the interpreter being removed from a case, being suspended, being denied future appointments by the courts, losing certification if the interpreter has been certified pursuant to Act 172 and the Administrative Regulations Governing language access for Persons with Limited English Proficiency and for Persons who are Deaf or Hard of Hearing or any other sanctions deemed appropriate by the Court Administrator of Pennsylvania. The Court Administrator is authorized to adopt policies and procedures necessary to enforce these rules.
RULE 1: REPRESENTATION OF QUALIFICATIONS.
Interpreters shall accurately and completely represent their certifications, training, and pertinent experience.
RULE 2: ACCURACY AND COMPLETENESS.
Interpreters shall render a complete and accurate interpretation or sight translation, without altering, omitting,or adding anything to what is stated or written, and without embellishment or explanation.
RULE 3: IMPARTIALITY AND AVOIDANCE OF CONFLICT OF INTEREST.
Interpreters shall be impartial and unbiased and shall refrain from conduct that may give an appearance of bias or favoritism. Interpreters shall disclose any real or perceived conflict of interest.
RULE 4: PROFESSIONAL DEMEANOR.
Interpreters shall conduct themselves in a manner consistent with the dignity of the court and shall be as unobtrusive as possible.
RULE 5: CONFIDENTIALITY.
Interpreters shall protect the confidentiality of all privileged and other confidential information.
RULE 6: RESTRICTION FROM PUBLIC COMMENT.
Interpreters shall not publicly discuss, report, or offer an opinion concerning a matter in which they are or have been engaged, even when that information is not privileged or required by law to be confidential.
RULE 7: SCOPE AND LIMITATIONS OF PRACTICE.
Interpreters shall limit themselves to interpreting, transliterating or sight translating and shall not give legal advice, express personal opinions to individuals for whom they are interpreting, or engage in any other activities which may be construed to constitute a service other than interpreting, transliterating or sight translating while serving as an interpreter.
RULE 8: ASSESSING AND REPORTING IMPEDI MENTS TO PERFORMANCE.
Interpreters shall assess at all times their ability to deliver their services. When interpreters have any reservation about their ability to satisfy an assignment competently, they shall immediately convey that reservation to the court or other appropriate judicial authority.
RULE 9: DUTY TO REPORT ETHICAL VIOLATIONS.
Interpreters shall report to the proper judicial authority any effort to impede their compliance with any law, any provision of these rules, or any other official policy governing court interpreting and legal translating.
RULE 10: ACCEPTANCE OF COMPENSATION.
Interpreters shall accept no remuneration, gifts, gratuities, or any other valuable consideration in excess of their authorized compensation in the performance of their official interpreting duties.
RULE 11: PROFESSIONAL DEVELOPMENT.
Interpreters shall continually improve their skills and knowledge and advance the profession through activities such as professional training and education, and interaction with colleagues and specialists in related fields.
RULE 12: AGREEMENT TO ABIDE BY THESE RULES.
Interpreters and transliterators working for the Unified Judicial System of Pennsylvania accept and agree to be bound by these rules, and understand that appropriate sanctions may be imposed by the ICP Administrator, hearing officer, or Court Administrator for willful violations.
Pa. Code tit. 204, pt. VII, ch. 221, subch. 4, sch. F