Why using non-certified interpreters makes law practice a nightmare.

We assume we save on money and time by using our Spanish-speaking paralegals or co-counsels for court-related procedures requiring interpreters, but the added workload required by the Florida Supreme Court may make us think twice about using non-certified interpreters.

First, what are court-related procedures? The Florida Supreme Court defines these as "Any event, including, but not limited to, a deposition, mediation, arbitration, or examination, which occurs or could be made to occur as a result of a court order, subpoena, or general law, and for which the primary purpose is the communication or exchange of information related to a claim or defense in or the settlement of a pending or impending court case..."

The list is inclusive and, attorney-client conferences aside, pretty much designates every instance when your client visits your firm.

So what are the requirements for these court-related procedures? Rule 2.565 of the Florida Rules of Judicial Administration designate the conditions under which interpreters must be retained: "When an attorney or self-represented litigant retains the services of an interpreter to assist a non-English-speaking or limited-English proficient litigant or witness in a court proceeding or court-related proceeding ... the attorney or self-represented litigant shall, whenever possible, retain a certified, language skilled or provisionally approved interpreter... Preference shall be given to retention of certified and language skilled interpreters, then to persons holding a provisionally approved designation. To understand the differences between certified and provisionally approved designation, please see Florida's Three Tier System and the rogue interpreter.

The Supreme Court understands that some languages are so rare that it can become next to impossible to find an interpreter that also fulfills the requirements of those categories. Welcome the written declarations form

In a show of bureaucratic bravado perhaps the SC designates the following process for using a non-certified interpreter. Please stay awake.

(c) Retention in Exceptional Circumstances. If, after diligent search, no interpreter qualifying under subdivision (a) or (b) of this rule is available, an attorney or self-represented litigant, for good cause, may retain an interpreter who is not certified, language skilled, provisionally approved, or otherwise registered with the Office of the State Courts Administrator.

(d) Written Declaration Substantiating Good Cause. No interpreter shall be retained under subdivision (c) unless the attorney or a self-represented litigant states under oath or affirms in a verified writing that: (1) a diligent search has been conducted; (2) neither a certified, language skilled, provisionally approved interpreter nor an interpreter otherwise registered with the Office of the State Courts Administrator is available to interpret in person or via remote technology; and (3) to the best of the attorney or self-represented litigant’s information and belief, the proposed interpreter is competent to interpret. In addition, the written declaration shall include the full name, mailing address, and telephone number of the proposed interpreter; the non-English language interpreted; the date of the interpreted event; and nature of the interpreted event.

(e) Filing and Retention of Written Declaration. An attorney or self-represented litigant substantiating good cause under subdivision (d) shall submit via e-mail, a copy of the verified written declaration with the Court Interpreter Program Office in the Office of the State Courts Administrator. A prescribed form and dedicated e-mail address appear on the Court’s website. The filer shall thereafter furnish a copy to the proposed interpreter, and shall: (1) file the original declaration in any pending court action or administrative action and serve a copy thereof on all other parties; or (2) if no action is pending at the time interpreter services are provided, retain the original declaration and serve a copy thereof on the non-English-speaking or limited-English-proficient person at the time interpreter services are provided. The declaration shall be made available to all other parties and to any state court or administrative judge, magistrate, or hearing officer upon request in any action later filed to which the interpreted event is relevant. The filing with the Office of the State Courts Administrator of a written declaration in substantial conformity with this subdivision shall excuse the proposed interpreter from the registration requirements under the Rules for Certification and Regulation of Spoken Language Interpreters for the delivery of the specific interpreter services for which certification is made.

(f) Time for Preparation, Submission, Filing, and Service. Verified written declarations required by this rule shall be prepared, submitted to the Office of State Courts Administrator, filed with the Clerk of Court, when required, and served on all parties in advance of the proceedings to which they are relevant. When compliance with this subdivision is impossible or impracticable due to the existence of emergency or other extraordinary circumstances, the attorney or self-represented litigant shall: (1) comply with the preparation, submission, filing, and service requirements of this rule as soon as is practicable following the conclusion of the proceeding; and (2) include in the verified written declaration a brief statement describing the emergency or other extraordinary circumstances justifying post-proceeding compliance.

Sounds like a lot of useful fun, doesn't it?

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