Existing law generally requires a person who interprets in a court proceeding to be a certified court interpreter, except as specified. Existing law requires the Judicial Council to designate languages requiring certification programs and requires the Judicial Council to adopt and publish guidelines, standards, and procedures to determine which certification entities will be approved to test and certify interpreters.

This bill would create, until January 1, 2030, the California Court Interpreter Workforce Pilot Program to be administered by the Judicial Council to develop training and increase the number of eligible applicants for employment as court interpreters. The bill would require the Judicial Council, on or before September 1, 2024, to select a minimum of 4 counties, including the County of Los Angeles, to participate in the pilot program, and would require the Judicial Council to select up to 10 applicants per superior court in the program. The bill would require the Judicial Council, on or before July 1, 2025, to establish an application form and procedure for participation in the pilot program and would require the Judicial Council to begin accepting applications to the program beginning December 1, 2025. The bill would require the Judicial Council, on or before July 1, 2025, in collaboration with participating courts and designated labor organizations representing court interpreters in a county, to develop a court interpreter training program. The bill would require the training program to include, among other things, options for appropriate training to prepare for the applicable interpreter exam authorized by the Judicial Council. The bill would require participants to agree to work for the courts for at least 3 years after successfully passing all required examinations and enrollment with the Judicial Council as a court interpreter. The bill would authorize courts to require participants to pay back the costs of training, coursework, and exam fees on a prorated basis based on the length of employment if under 3 years, except as specified. The bill would also create the California Interpreter Workforce Development Plan fund to, upon appropriation, be used by the Judicial Council for the purpose of the pilot program, including paying for the costs of training, coursework, and up to 3 interpreter exam fees for applicants.

Existing law generally requires a person who interprets in a court proceeding to be a certified court interpreter, except as specified. Existing law requires the Judicial Council to designate languages requiring certification programs and requires the Judicial Council to adopt and publish guidelines, standards, and procedures to determine which certification entities will be approved to test and certify interpreters.

This bill would create, until January 1, 2029, 2030, the California Court Interpreter Workforce Pilot Program to be administered by the Judicial Council to develop training and increase the number of eligible applicants for employment as court interpreters. The bill would require the Judicial Council, no later than on or before September 1, 2024, to select a minimum of 4 counties, including the County of Los Angeles, to participate in the pilot program, and would authorize require the Judicial Council to select up to 10 applicants per superior court in the program. The bill would require the Judicial Council, on or before July 1, 2025, to establish an application form and procedure for participation in the pilot program and would require the Judicial Council to begin accepting applications to the program beginning December 1, 2025. The bill would require the Judicial Council, on or before July 1, 2025, in collaboration with participating courts and designated labor organizations representing court interpreters in a county, to develop a training and employment plan for individuals selected to participate in the program. court interpreter training program. The bill would require the training and employment plan program to include, among other things, options for appropriate training to prepare for the applicable interpreter exam authorized by the Judicial Council. The bill would also create the California Interpreter Workforce Development Plan fund to, upon appropriation, be used by the Judicial Council for the purpose of the pilot program, including paying for the costs of training, coursework, and up to 3 interpreter exam fees for applicants.

Existing law requires, in any action or proceeding pursuant to specified provisions of law, that an interpreter be provided by the court for a party or witness who is incapable of understanding or speaking the English language to interpret the proceedings in a language that the party understands and to assist communication between the party and their attorney.

This bill would state the intent of the Legislature to enact legislation to establish a workforce development pathway program to increase the number of court interpreters.

ASSEMBLY THIRD READING

ATR Bill Id:AB 432

Author:(Mike Fong)

As Amended Ver:April 6, 2023

Majority vote

SUMMARY

Establishes and implements the California Court Interpreter Workforce Pilot Program.

Major Provisions

1. Establishes the California Court Interpreter Workforce Pilot Program to be administered by the Judicial Council for the purpose of developing training and to increase the number of eligible applicants for employment as court interpreters.
2. Defines the following for purposes of this bill:
   1. "Court interpreter" has the same meaning as existing law.
   2. "Pilot program" means the California Court Interpreter Workforce Pilot Program.
   3. "Applicant" means an individual who applies to participate in the pilot program.
   4. "Participant" means an individual who is participating in the pilot program.
3. Requires the Judicial Council, on or before September 1, 2024, to select superior courts in no less than four counties, including the County of Los Angeles, to participate in the pilot program. Also requires the Judicial Council, on or before July 1, 2025, to establish an application form and procedure for participation in the pilot program.
4. Requires the Judicial Council to begin accepting applications to the pilot program beginning December 1, 2024, and requires the Judicial Council to select up to 10 individuals per superior court, per year to participate in the pilot program.
5. Requires the Judicial Council to give first priority to applicants who will be trained to provide services in one of the designated major languages for that county, and second priority to applicants who will be trained to provide language services in any other language that is not within the four major languages for that county. Does not require the Judicial Council to give an applicant priority if the county to which the applicant would be assigned cannot demonstrate a reasonable need for an interpreter in that language.
6. Authorizes the Judicial Council to contract with a statewide labor organization representing court interpreters to assist with the development, assistance, or other services related to the pilot program.
7. Requires the Judicial Council, on or before July 1, 2025, in collaboration with participating courts and the designated labor organization that represents court interpreters in a county, which may include a statewide labor organization, to develop a court interpreter training program.
8. Requires the training program to include each of the following:
   1. Options for appropriate training to prepare for the applicable interpreter exam authorized by the Judicial Council. These options must include any coursework or program offered by a statewide labor organization representing court interpreters, and any coursework or training offered by a California community college, state university, or University of California campus, including any extension programs.
   2. An agreement between the superior court and the Judicial Council for the superior court to hire the individual participant upon completion of the training or coursework pursuant to a) unless the participant has secured employment at another superior court.
   3. Explanation of how the fees and other costs of the training or coursework pursuant to a) will be wholly paid for through the pilot program.
   4. Specific timelines for coursework or training start and target completion dates.
   5. An employment plan for each participant who completes the program.
   6. Any other relevant information to ensure successful completion of coursework or training.
   7. Requires the Judicial Council to make the information required in a) – f) readily available to each applicant.
9. Creates the California Interpreter Workforce Development Plan fund in the State Treasury. Upon appropriation by the Legislature, requires the moneys in the fund to be used for the purpose of the pilot program described in this bill.
10. Requires the cost of training, coursework, and up to three interpreter exam fees for an individual applicant to be paid out of the California Interpreter Workforce development Plan fund.
11. Authorizes the Judicial Council to make deductions from the fund to cover its administrative expenses for administering the pilot program.
12. Establishes a sunset date for the program of January 1, 2030.

COMMENTS

In order to truly achieve access to justice, every individual must have equal ability to access and navigate our courts. However, for many in our state, which has long been one of the most linguistically diverse in the nation, facing an already complex legal process is made even more inaccessible by a lack of English fluency. That is why both federal and state law acknowledge the importance of language interpretation services in our judicial system. Arguably the most important component of true language access and full interpretation services is the availability of a certified court interpreter.

In May 2020, the Judicial Council of California (JCC) released its statutorily mandated Language Need and Interpreter Use Study. In the report, the Council detailed the demand for interpreter services throughout the state's judicial system. During the period included in the study, the report reflected over 4.4 million interpretations throughout the state, with Spanish accounting for over 90% of interpreter volume for the study period. (2020 Language Need and Interpreter Use Study, Judicial Council of California (March 2020) at p. 2, available at: https://www.courts.ca.gov/documents/2020-Language-Need-and-Interpreter-Use-Study-Report-to-the-Legislature.pdf.) Despite the evident need for court interpreting services, there are currently less than 2,000 certified and registered court interpreters on the Council's Master List. (All available certified court interpreters are viewable at https://www.courts.ca.gov/35273.htm.) Additionally, in 2019, only 40 individuals appear to have passed the bilingual interpreter exam (BIE), which is a requirement for becoming a certified court interpreter. Nearly all of those who passed the exam became certified to interpret in Spanish, while other languages saw very few new certified interpreters. (2020 Language Need, Judicial Council at p. 12 – 13.) While Spanish is undoubtedly the language with the highest demand for interpreters in the state, the report does reflect need for interpreters in various other languages as well. Finally, the report also reflects an increased reliance on independent contractors in some areas of the state. (Id. at p. 31.)

The potential increase in the use of independent contractors for court interpretation services warrants additional commentary. Prior to 2002, California's court interpretation services were provided nearly entirely by independent contractors. Interpretation services being provided by independent contractors posed various concerns in the continuity of service, as independent contractors were not as reliable as formal employees due to the nature of the relationship with the courts. In 2002, the Trial Court Interpreter Employment and Labor Relations Act was established to helped stimulate the development of court interpreter services with court interpreters as formal court employees within county courts. The 2020 report, however, appears to indicate a potential return to pre-2002 practices.

This bill aims to address a lack of registered or certified court interpreters throughout the state's courts by establishing the California Court Interpreter Workforce Pilot Program. The bill requires the Judicial Council to select superior courts in at least four counties, including the County of Los Angeles, to participate in the program. The bill also requires the Judicial Council to craft a training program for applicants, including identifying appropriate programs offered by a community college, state university or University of California campus, and exam preparation course options. The program must also develop an employment plan for each participant who completes the program, including a guarantee of employment at their assigned superior court. Notably, the program must also detail how the fees and any additional costs of the training and coursework is to be paid by the pilot program. This element is particularly important, as eliminating the cost of an interpreter course and subsequent exam arguably removes one of the most significant barriers to obtaining court interpreter certification.

There is no doubt that interpretation services are essential to the efficacy of our state's judicial system. Moreover, it is clear that there is a dire need for more court interpreters, and apparently few programs that incentivize individuals to train to become court interpreters. The pilot program proposed by this bill would arguably help address the dearth of court interpreters and subsequently facilitate access to our state's court system for all Californians.

According to the Author

Equal access is critical to ensure trust in our judicial system. Interacting with our courts can be difficult or even impossible for deaf or hard-of-hearing individuals, or people who primarily speak a language other than English. In order to ensure equal access to justice, court interpreters should always be available to serve Californians who need communication assistance.

AB 432 will establish the California Court Interpreter Workforce Pilot Program, administered by the Judicial Council, to increase the number of certified court interpreters in California's court system. This pilot program will create a training plan for applicants, cover the costs of certification, and provide a guarantee of employment upon successful completion of the program. This will bring our justice system closer to truly equal access by ensuring that more court interpreters are available for anyone who needs assistance navigating our court system.

Arguments in Support

This bill is sponsored by the California Federation of Interpreters. In support of the bill they write:

This legislation will establish a critical pilot program to increase the workforce of court interpreters in California. This innovative program will enhance the ongoing efforts by the Legislature to expand interpreter services and language access in our courts by identifying, supporting, and establishing an employment plan for individuals who seek to join the interpreter workforce as court employees.

State and Federal Law Requires Court Interpreters be Provided at No Cost

Every limited English-proficient individual now is participating in in a court proceeding or hearing must be provided a court interpreter. These language services enable individuals to meaningfully participate in court proceedings and to protect their legal rights. In order to protect Due Process rights in criminal cases, the California Constitution guarantees that every individual accused of a criminal offense must be provided a court interpreter at no cost. Additionally, Federal Civil Rights laws also require an interpreter to be provided, at no charge, during civil and other case types. In recent years the United States Department of Justice investigated numerous statewide court systems, including California, to emphasize the requirement to provide court interpreters. For example, in October 2022, the US DOJ settled a case against the North Carolina court system requiring interpreters to be provided in all case types and free of charge to the court user.

[…]

AB 432 supports recent legislative efforts to hire court interpreters

Two years ago, the Legislature and Governor created a new fund to support the hiring of court interpreter employees in California. This one-time appropriation of $30 million was earmarked to hire interpreters to work inside courtrooms and to provide language services at public counters, self-help desks as well as other points inside a courthouse. Thus far approximately 10% of the funds have been spent. AB 432 will create another tool to expand the court interpreter workforce and ensure that these funds can be spent to provide language access in California courts.

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

According to the Assembly Appropriations analysis, costs (Trial Court Trust Fund, General Fund) to the Judicial Council to establish and implement the pilot program. Judicial Council estimates annual costs between $3.8 million and $6.8 million, depending on the total cost of providing training to each program participant. As written, the pilot program is contingent upon a General Fund appropriation.

VOTES

ASM JUDICIARY: 8-2-1

YES: Maienschein, Connolly, Haney, Kalra, Pacheco, Papan, Reyes, Robert Rivas

NO: Essayli, Dixon

ABS, ABST OR NV: Sanchez

ASM APPROPRIATIONS: 11-3-2

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

NO: Megan Dahle, Dixon, Mathis

ABS, ABST OR NV: Robert Rivas, Sanchez

UPDATED

VERSION: April 6, 2023

CONSULTANT: Manuela Boucher-de la Cadena / JUD. / (916) 319-2334 FN: 0000439

Date of Hearing: May 10, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 432

Author:(Mike Fong) – As Amended Ver:April 6, 2023

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Judicial Council to develop a court interpreter training program and administer the training through a pilot program. The pilot program must also provide funds for coursework, interpreter exam fees, and a guarantee of court employment for pilot program participants. Judicial Council must operate the pilot program with superior courts in at least four counties and may select up to 10 program participants for each superior court.

FISCAL EFFECT:

Costs (Trial Court Trust Fund, General Fund) to the Judicial Council to establish and implement the pilot program. Judicial Council estimates annual costs between $3.8 million and $6.8 million, depending on the total cost of providing training to each program participant. As written, the pilot program is contingent upon a General Fund appropriation.

COMMENTS:

1. Author’s Statement. According to the author:

Equal access is critical to ensure trust in our judicial system. Interacting with our courts can be difficult or even impossible for deaf or hard-of-hearing individuals, or people who primarily speak a language other than English. In order to ensure equal access to justice, court interpreters should always be available to serve Californians who need communication assistance. AB 432 will establish the California Court Interpreter Workforce Pilot Program, administered by the Judicial Council, to increase the number of certified court interpreters in California’s court system. This pilot program will create a training plan for applicants, cover the costs of certification, and provide a guarantee of employment upon successful completion of the program. This will bring our justice system closer to truly equal access by ensuring that more court interpreters are available for anyone who needs assistance navigating our court system.

1. Background. Court interpreters help provide access to justice by providing language translation services during court proceedings. Although English and Spanish are dominant languages in California’s courts, there are over 200 languages spoken during court proceedings and millions of residents with limited English proficiency. In a 2020 report to the Legislature, the Judicial Council projected that language diversity in California will continue to grow, resulting in an increased need for court interpreting services. Despite this growing need, there are currently less than 2,000 certified and registered court interpreters. This bill attempts to help address this need by establishing a pilot program to provide training and job placement for prospective court interpreters.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: April 11, 2023

ASSEMBLY COMMITTEE ON JUDICIARY

Brian Maienschein, Chair

ABPCA Bill Id:AB 432

Author:(Mike Fong) – As Amended Ver:April 6, 2023

SUBJECT: California Court Interpreter Workforce Pilot Program

KEY ISSUE: SHOULD THE LEGISLATURE ESTABLISH A COURT INTERPRETER TRAINING PILOT PROGRAM IN ORDER TO HELP DEVELOP THE POPULATION OF INTERPRETERS who are AVAILABLE TO assist NON-ENGLISH SPEAKING LITIGANTS and PARTICIPANTS IN CALIFORNIA’S COURT SYSTEM?

SYNOPSIS

In order to truly achieve access to justice, every individual must have equal ability to access and navigate our courts. However, for many in our state, which has long been one of the most linguistically diverse in the nation, an already complex legal process is even more inaccessible by a lack of English fluency. That is why both federal and state law acknowledge the importance of language interpretation services in our judicial system. Arguably the most important aspect of true language access and full interpretation services is the availability of a certified court interpreter.

In May 2020, the Judicial Council of California (JCC) released its statutorily mandated Language Need and Interpreter Use Study. In the report, the Council detailed the demand for interpreter services throughout the state’s judicial system. During the period included in the study, the report reflected over 4.4 million interpretations throughout the state, with Spanish accounting for over 90% of interpreter volume for the study period. Despite the evident need for court interpreting services, there are currently less than 2,000 certified and registered court interpreters on the Council’s Master List. Additionally, in 2019, only 40 individuals appear to have passed the bilingual interpreter exam (BIE), which is a requirement for becoming a certified court interpreter. Finally, the report also reflected an increased reliance on independent contractors in some areas of the state.

This bill aims to address a lack of registered or certified court interpreters throughout the state’s courts by establishing the California Court Interpreter Workforce Pilot Program. The bill requires the Judicial Council to select superior courts in at least four counties, including the County of Los Angeles, to participate in the program. The Judicial Council is also required under the bill’s provisions, to craft a training program for applicants, including identifying appropriate exam preparation course options, developing an employment plan for each participant who completes the program, including a guarantee of employment at their assigned superior court, and detailing how the fees and any additional costs of the training and coursework is to be paid by the pilot program. This bill is sponsored by the California Federation of Interpreters and has no opposition.

SUMMARY: Establishes and implements the California Court Interpreter Workforce Pilot Program. Specifically, this bill:

1. Establishes the California Court Interpreter Workforce Pilot Program to be administered by the Judicial Council for the purpose of developing training and to increase the number of eligible applicants for employment as court interpreters.
2. Defines the following for purposes of this bill:
   1. “Court interpreter” has the same meaning as existing law.
   2. “Pilot program” means the California Court Interpreter Workforce Pilot Program.
   3. “Applicant” means an individual who applies to participate in the pilot program.
   4. “Participant” means an individual who is participating in the pilot program.
3. Requires the Judicial Council, on or before September 1, 2024, to select superior courts in no less than four counties, including the County of Los Angeles, to participate in the pilot program. Also requires the Judicial Council, on or before July 1, 2025, to establish an application form and procedure for participation in the pilot program.
4. Requires the Judicial Council to begin accepting applications to the pilot program beginning December 1, 2024, and requires the Judicial Council to select up to 10 individuals per superior court, per year to participate in the pilot program.
5. Requires the Judicial Council to give first priority to applicants who will be trained to provide services in one of the designated major languages for that county, and second priority to applicants who will be trained to provide language services in any other language that is not within the four major languages for that county. Does not require the Judicial Council to give an applicant priority if the county to which the applicant would be assigned cannot demonstrate a reasonable need for an interpreter in that language.
6. Authorizes the Judicial Council to contract with a statewide labor organization representing court interpreters to assist with the development, assistance, or other services related to the pilot program.
7. Requires the Judicial Council, on or before July 1, 2025, in collaboration with participating courts and the designated labor organization that represents court interpreters in a county, which may include a statewide labor organization, to develop a court interpreter training program.
8. Requires the training program to include each of the following:
   1. Options for appropriate training to prepare for the applicable interpreter exam authorized by the Judicial Council. These options must include any coursework or program offered by a statewide labor organization representing court interpreters, and any coursework or training offered by a California community college, state university, or University of California campus, including any extension programs.
   2. An agreement between the superior court and the Judicial Council for the superior court to hire the individual participant upon completion of the training or coursework pursuant to a) unless the participant has secured employment at another superior court.
   3. Explanation of how the fees and other costs of the training or coursework pursuant to a) will be wholly paid for through the pilot program.
   4. Specific timelines for coursework or training start and target completion dates.
   5. An employment plan for each participant who completes the program.
   6. Any other relevant information to ensure successful completion of coursework or training.
   7. Requires the Judicial Council to make the information required in a) – f) readily available to each applicant.
9. Creates the California Interpreter Workforce Development Plan fund in the State Treasury. Upon appropriation by the Legislature, requires the moneys in the fund to be used for the purpose of the pilot program described in this bill.
10. Requires the cost of training, coursework, and up to three interpreter exam fees for an individual applicant to be paid out of the California Interpreter Workforce development Plan fund.
11. Authorizes the Judicial Council to make deductions from the fund to cover its administrative expenses for administering the pilot program.
12. Establishes a sunset date for the program of January 1, 2030.

EXISTING LAW:

1. Pursuant to federal law, provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (42 U.S.C. Section 4200d.)
2. Provides a constitutional right to an interpreter throughout the proceedings for a person unable to understand English who is charged with a crime. (California Constitution Article I, section 14.)
3. Pursuant to California law, provides that no person in the State of California shall, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. (Government Code Section 11135. Unless otherwise noted all future references are to the Government Code.)
4. States the findings and declarations of the Legislature that it is imperative that courts provide interpreters to all parties who require one, and that both the legislative and judicial branches of government continue in their joint commitment to carry out this shared goal. (Section 68092.1 (a).)
5. Requires the Judicial Council to designate the languages for which certification programs shall be established based on the courts’ need as determined by the language and interpreter use and need studies, the language needs of non-English speaking persons in the court, and other information the Judicial Council deems relevant. (Section 68562 (a).)
6. Requires the Judicial Council to conduct a study of language and interpreter use and need in court proceedings, and to report its findings and recommendations to the Governor and Legislature every five years. The study serves as a basis for determining the need to establish interpreter programs and certificate examinations, and determining ways in which the Judicial Council can make available to the public, through public service announcements and otherwise, information relating to opportunities, requirements, testing, application procedures, and employment opportunities for interpreters, as well as other elements. (Section 68563.)
7. Requires the Judicial Council to establish standards for determining the need for a court interpreter in particular cases, procedures for certified court interpreters to establish their credentials on the record, procedures and guidelines for qualifying an interpreter for a language not designated by the Judicial Council, and procedures for determining good cause for appointing and qualifying a noncertified interpreter. (Section 68564.)
8. Establishes the Trial Court Interpreter Employment and Labor Relations Act, which, among other elements, outlines the procedures governing the employment and compensation of trial court interpreters. (Section 71800 et seq.)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: In order to truly achieve access to justice, every individual must have equal ability to access and navigate our courts. However, for many in our state, which has long been one of the most linguistically diverse in the nation, facing an already complex legal process is made even more inaccessible by a lack of English fluency. That is why both federal and state law acknowledge the importance of language interpretation services in our judicial system. Arguably the most important component of true language access and full interpretation services is the availability of a certified court interpreter.

In May 2020, the Judicial Council of California (JCC) released its statutorily mandated Language Need and Interpreter Use Study. In the report, the Council detailed the demand for interpreter services throughout the state’s judicial system. During the period included in the study, the report reflected over 4.4 million interpretations throughout the state, with Spanish accounting for over 90% of interpreter volume for the study period. (2020 Language Need and Interpreter Use Study, Judicial Council of California (March 2020) at p. 2, available at: https://www.courts.ca.gov/documents/2020-Language-Need-and-Interpreter-Use-Study-Report-to-the-Legislature.pdf.) Despite the evident need for court interpreting services, there are currently less than 2,000 certified and registered court interpreters on the Council’s Master List. (All available certified court interpreters are viewable at https://www.courts.ca.gov/35273.htm.) Additionally, in 2019, only 40 individuals appear to have passed the bilingual interpreter exam (BIE), which is a requirement for becoming a certified court interpreter. Nearly all of those who passed the exam became certified to interpret in Spanish, while other languages saw very few new certified interpreters. (2020 Language Need, Judicial Council at p. 12 – 13.) While Spanish is undoubtedly the language with the highest demand for interpreters in the state, the report does reflect need for interpreters in various other languages as well. Finally, the report also reflects an increased reliance on independent contractors in some areas of the state. (Id. at p. 31.)

The potential increase in the use of independent contractors for court interpretation services warrants additional commentary. Prior to 2002, California’s court interpretation services were provided nearly entirely by independent contractors. Interpretation services being provided by independent contractors posed various concerns in the continuity of service, as independent contractors were not as reliable as formal employees due to the nature of the relationship with the courts. SB 371 (Escutia, 2002), which established the Trial Court Interpreter Employment and Labor Relations Act helped stimulate the development of court interpreter services with court interpreters as formal court employees within county courts. The 2020 report, however, appears to indicate a potential return to pre-2002 practices.

As stated by the author:

Equal access is critical to ensure trust in our judicial system. Interacting with our courts can be difficult or even impossible for deaf or hard-of-hearing individuals, or people who primarily speak a language other than English. In order to ensure equal access to justice, court interpreters should always be available to serve Californians who need communication assistance.

AB 432 will establish the California Court Interpreter Workforce Pilot Program, administered by the Judicial Council, to increase the number of certified court interpreters in California’s court system. This pilot program will create a training plan for applicants, cover the costs of certification, and provide a guarantee of employment upon successful completion of the program. This will bring our justice system closer to truly equal access by ensuring that more court interpreters are available for anyone who needs assistance navigating our court system.

This bill aims to address a lack of registered or certified court interpreters throughout the state’s courts by establishing the California Court Interpreter Workforce Pilot Program. The bill requires the JCC to select superior courts in at least four counties, including the County of Los Angeles, to participate in the program. The bill also requires the JCC to craft a training program for applicants, including identifying appropriate programs offered by a community college, state university or University of California campus, and exam preparation course options. The program must also develop an employment plan for each participant who completes the program, including a guarantee of employment at their assigned superior court. Notably, the program must also detail how the fees and any additional costs of the training and coursework is to be paid by the pilot program. This element is particularly important, as eliminating the cost of an interpreter course and subsequent exam arguably removes one of the most significant barriers to obtaining court interpreter certification.

There is no doubt that interpretation services are essential to the efficacy of our state’s judicial system. Moreover, it is clear that there is a dire need for more court interpreters, and apparently few programs that incentivize individuals to train to become court interpreters. The pilot program proposed by this bill would arguably help address the dearth of court interpreters and subsequently facilitate access to our state’s court system for all Californians.

ARGUMENTS IN SUPPORT: This bill is sponsored by the California Federation of Interpreters. In support of the bill they write:

This legislation will establish a critical pilot program to increase the workforce of court interpreters in California. This innovative program will enhance the ongoing efforts by the Legislature to expand interpreter services and language access in our courts by identifying, supporting, and establishing an employment plan for individuals who seek to join the interpreter workforce as court employees.

State and Federal Law Requires Court Interpreters be Provided at No Cost

Every limited English-proficient individual now is participating in in a court proceeding or hearing must be provided a court interpreter. These language services enable individuals to meaningfully participate in court proceedings and to protect their legal rights. In order to protect Due Process rights in criminal cases, the California Constitution guarantees that every individual accused of a criminal offense must be provided a court interpreter at no cost. Additionally, Federal Civil Rights laws also require an interpreter to be provided, at no charge, during civil and other case types. In recent years the United States Department of Justice investigated numerous statewide court systems, including California, to emphasize the requirement to provide court interpreters. For example, in October 2022, the US DOJ settled a case against the North Carolina court system requiring interpreters to be provided in all case types and free of charge to the court user.

[…]

AB 432 supports recent legislative efforts to hire court interpreters

Two years ago, the Legislature and Governor created a new fund to support the hiring of court interpreter employees in California. This one-time appropriation of $30 million was earmarked to hire interpreters to work inside courtrooms and to provide language services at public counters, self-help desks as well as other points inside a courthouse. Thus far approximately 10% of the funds have been spent. AB 432 will create another tool to expand the court interpreter workforce and ensure that these funds can be spent to provide language access in California courts

REGISTERED SUPPORT / OPPOSITION:

Support

California Federation of Interpreters (sponsor)

Opposition

None on file

Analysis Prepared by: Manuela Boucher-de la Cadena / JUD. / (916) 319-2334