Ky. Admin. P. Ct. Justice. 1

As amended through November 7, 2024
Canon 1 - SWORN PROCEEDINGS INTERPRETERS SHALL BE ACCURATE AND COMPLETE

Sworn proceedings interpreters shall faithfully render a complete and accurate interpretation, translation, or sight translation, always conveying the content and spirit of the speaker without altering, omitting, or adding anything to what has been stated or written, and shall do so without explanation or personal interpretation.

Ky. Admin. P. Ct. Justice. 1

Adopted eff. 1/1/2018.

COMMENTARY

The sworn proceedings interpreter has a twofold duty: 1) to ensure the proceedings reflect precisely what was said by an individual with limited English proficiency or who is deaf or hard of hearing or otherwise disabled, and 2) to place the individual with limited English proficiency or who is deaf or hard of hearing or otherwise disabled in an equivalent position as those individuals who can hear or understand English. This creates an obligation to conserve every element of information contained in a source language communication when it is rendered in the target language.

Sworn proceedings interpreters are obligated to apply their best skills and judgment to preserve faithfully the meaning of what is said in court, including the style or register of speech. Verbatim, "word for word," or literal oral interpretations are not appropriate when they distort the meaning of the source language, but every spoken statement, even if it appears nonresponsive, obscene, rambling, or incoherent should be interpreted. This includes apparent misstatements.

Sworn proceedings interpreters should never interject their own words, phrases, or expressions. If the need arises to explain an interpreting problem (e.g., a term or phrase with no direct equivalent in the target language or a misunderstanding that only the sworn proceedings interpreter can clarify), the sworn proceedings interpreter should ask the court's permission to provide an explanation. Sworn proceedings interpreters should convey the emotional emphasis of the speaker without reenacting or mimicking the speaker's emotions or dramatic gestures.

Sworn proceedings interpreters for the deaf and hard of hearing must employ all the visual cues that the language they are interpreting requires. This includes facial expressions, body language, and hand gestures. Sworn proceedings interpreters for the deaf and hard of hearing should ensure court participants do not confuse these essential elements of the interpreted language with inappropriate interpreter conduct.

The obligation to preserve accuracy includes the sworn proceedings interpreter's duty to correct any error of interpretation he/she discovers during the proceeding. Sworn proceedings interpreters should demonstrate their professionalism by objectively analyzing any challenge to their performance.