Relating to state-funded interpreters and translators for limited-English-proficient, deaf, and hard-of-hearing persons in certain court proceedings and court-related activities

Presentado por el comité Judiciary de la Cámara

Temas:Courts & civil law

La misma legislación: SSB 1145, HSB 195

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Dónde está ahora

Hecho: Presentado8 de marzo de 2019
Hecho: Subcomité15 de enero de 2020
Se detuvo: Comité de la CámaraMurió al terminar la Asamblea General
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Sigue: Comité del Senado
Sigue: Lo aprueba el Senado
Sigue: A gobernador(a)
Sigue: Firmado como ley

Murió al terminar la sesión La sesión de 2020 terminó el 14 de junio de 2020, la última sesión ordinaria de la Asamblea General. Los proyectos que no pasaron por ambas cámaras murieron. ¿Qué es el embudo (funnel)?

Qué contiene

La explicación oficial está en inglés; todavía no hay resumen en palabras sencillas.

This bill relates to oral language interpreters and translators for limited-English-proficient persons and sign language interpreters for deaf and hard-of-hearing persons. The bill amends Code chapter 622A, which in the bill provides for oral language interpreters and translators for limited-English-proficient persons in legal proceedings and court-related activities. The bill provides new definitions for limited English proficient, oral language interpreter, participant, and translator. The bill defines “participant” in Code chapter 622A as a party or witness in a legal proceeding; a child who is or may be the subject of a delinquency petition; a parent, guardian, or custodian, whose child is or may be the subject of a delinquency petition; or a person who is a guardian, conservator, or trustee in a probate case.

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The bill provides that every limited-English-proficient person is entitled to an oral language interpreter to assist such person without cost when the person is a participant in a legal proceeding, a party who is ordered by a court to participate in a mediation, or a party who is ordered by a court to participate in a predisposition parenting program in a domestic relations case. Additionally, if a limited-English-proficient person is a party who is entitled to appointment of legal counsel in a criminal or juvenile case or the court otherwise determines that the limited-English-proficient person is a party who is indigent or cannot afford to pay for an oral language interpreter, the person is entitled to an oral language interpreter to assist such person without cost when the person is a party in a pending court case for a deposition in the party’s pending court case, a consultation with an attorney in the party’s pending court case, or to prepare for a legal proceeding before any court. The bill provides that a limited-English-proficient person who qualifies for appointment of an oral language interpreter without cost to the limited-English-proficient person pursuant to the bill may also qualify for appointment of a translator to provide written translation of court-related material without cost if the court determines that an oral language interpretation of the court-related material would not be sufficient to ensure due process under the circumstances.1302(3) when a limited-English-proficient person is entitled to an oral language interpreter or a translator and the oral language interpreter services or translator services are not provided before an administrative agency. The bill provides that an administrative agency shall pay an oral language interpreter or a translator when a limited-English-proficient person is entitled to an oral language interpreter or a translator and the oral language interpreter services or translator services are provided before an administrative agency. The bill provides that an oral language interpreter and a translator in a legal proceeding shall take an oath consistent with rules the supreme court adopts under Code chapter 622A. The bill provides that in addition to a court or administrative agency being able to inquire into the qualifications and integrity of an oral language interpreter or a translator, the court or administrative agency may also inquire into the neutrality of the oral language interpreter or translator. The bill amends the section of Code chapter 622A that provides the authorization for rulemaking to specify oral language interpreters and translators appearing in legal proceedings. The bill provides that an electronic recording of the portion of proceedings where non-English testimony is given shall be made and maintained for one year after the entry of the final disposition or sentence, or if the final judgment is appealed, until one year after the final disposition of the appeal. The bill provides that communications between a limited-English-proficient person and a third party which are privileged under Code chapter 622 in which an oral language interpreter participates as an oral language interpreter shall be privileged with regard to the oral language interpreter. The bill also amends Code chapter 622B, which provides for sign language interpreters for deaf and hard-of-hearing persons. The bill provides a new definition for “participant”. The bill defines “participant” in Code chapter 622B as any of the following: a party, witness, or attorney in a legal proceeding; a child who is or may be the subject of a delinquency petition; a parent, guardian, or custodian, whose child is or may be the subject of a delinquency petition; or a person who is a guardian, conservator, or trustee in a probate case. The bill provides that in addition to a court or administrative agency being able to inquire into the qualifications and integrity of a sign language interpreter, the court or administrative agency may also inquire into the neutrality of the sign language interpreter.9 to exclude the costs and fees of interpreter and translator services.141 currently provides that the juvenile court shall inquire into the ability of the child or child’s parent to pay costs including the child’s care, examination, treatment, legal expenses, or other expenses.7 (sign language interpreters).9 currently provides that if a person is granted a court-appointed attorney in a criminal case, the person shall reimburse the state for the total cost of legal assistance. The bill changes the definition of legal assistance to exclude the costs and fees of oral language interpreters, sign language interpreters, and translators.7 (sign language interpreters).11 provides appropriations for indigent defense. The bill provides that costs and fees associated with oral language interpreters are not payable from this fund.1302(3).

Texto completo del proyecto (en inglés)¹

House subcommittee

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Nota fiscal

Resumen con IA This bill provides oral language interpreters and translators for certain people in court proceedings at no cost to them. It is estimated to shift approximately $424,000 in costs from the Indigent Defense Fund to the Jury and Witness Fee Revolving Fund. The bill is also expected to decrease General Fund revenue by approximately $152,000, and may require an additional $50,960 for predisposition court-ordered programs and $68,400 for a new staff position. (en inglés)²

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Description

House File 671 relates to oral language interpreters and translators for limited-English proficient (LEP) persons and sign language interpreters for deaf and hard-of-hearing persons. The Bill provides for accommodations of an oral language interpreter and translator without cost to certain LEP persons in court-related proceedings as specified in the Bill. The Bill provides that the State Court Administrator shall pay oral language interpreters and translators from the Jury and Witness Fee Revolving Fund when an LEP person is entitled to an oral language interpreter or a translator and the oral language interpreter services or translator services are not provided before an administrative agency.

Background

Under current law, one of several agencies1 may pay for an oral language interpreter, depending on the case type and economic status of the person needing an interpreter, including:

State Public Defender: Reviews and pays interpreter expenses for all of the public defender field office cases; cases in which there is a court-appointed attorney in juvenile, district court, and appellate cases; and cases where the attorney is privately retained but the court has found the defendant indigent and unable to pay the expenses necessary for a reasonable defense. Interpreter expenses are paid from the Indigent Defense Fund.
County: Pays all sign language interpreters in court proceedings and oral language interpreters who assist LEP persons who are the subjects of mental health commitment proceedings.
State Court Administrator: Pays interpreters appointed for LEP parties in all other cases. Interpreter expenses are paid from the Jury and Witness Fee Revolving Fund. The State and the SPD and PD offices court administrator charges the oral language court interpreter fees back to the LEP party or parties.

The Bill would authorize the State Court Administrator to pay all oral language court interpreters and translators from the Jury and Witness Fee Revolving Fund established for payment of jury, witness, and court interpreter fees, without charging interpreter fees back to the LEP party or parties.

Assumptions

The expense to the Indigent Defense Fund for interpreter fees was $413,376 in FY 2017 and $447,305 in FY 2018. The projected expense for FY 2019 is $409,833. It is assumed the interpreter expense would remain at the approximate average of $424,000 in future fiscal years.

1 Executive Branch administrative agencies provide interpreters for LEP parties in administrative law proceedings, but they do not charge interpreter fees back to the LEP parties.

In FY 2018, State Court Administration assessed $254,800 and collected $107,016 in interpreter fees. It is assumed that interpreter expenses would remain consistent in future fiscal years.

Fiscal Impact

House File 671 is estimated to have several fiscal impacts, affecting the Indigent Defense Fund, Jury and Witness Fee Revolving Fund, and the General Fund.

HF 671 – Cost Adjustments Beginning in FY 2020 Indigent Defense Fund and Jury and Witness Fee Fund House File 671 is estimated to result in a cost shift from the Indigent Defense Fund to the Jury and Witness Fee Revolving Fund. Based on the average interpreter expenses to the Indigent Defense Fund, it is estimated there would be a cost reduction of approximately $424,000 to the Fund. This cost would shift from the Indigent Defense Fund to the Jury and Witness Fee Revolving Fund. The Jury and Witness Fee Revolving Fund may require additional funding to be able to accommodate this cost shift. This Fund receives a General Fund appropriation of $3.1 million each fiscal year.

General Fund

House File 671 is estimated to have a negative fiscal impact to the General Fund due to the loss of fee revenue from court interpreter fees. Based on the actual collections on fees assessed by the State Public Defender and the State Court Administrator, the decrease in revenue is estimated to be approximately $152,000.

Additional Costs

The Judicial Branch has indicated that HF 671 may also result in the need for additional funding for the following:

$50,960 to pay interpreters for LEP parties participating in predisposition court-ordered programs. In order to comply with the United States Department of Justice guidelines for recipients of federal funding, the Judicial Branch recommends that the Iowa courts should cover the interpreter costs for LEP parties who participate in predisposition court-ordered programs. The State currently does not pay for interpreters in these programs.
$68,400 to fund one full-time equivalent employee in State court administration to manage court interpreter compensation for all oral language court interpreters. The Judicial Branch estimates the State Court Administrator will need one new staff position to manage all the court interpreter fee claims under this Bill.