Louisiana 2010 2010 Regular Session

Louisiana House Bill HCR48 Engrossed / Bill

                    HLS 10RS-799	ENGROSSED
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Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 48
BY REPRESENTATIVE RICHMOND
COURTS/SUPREME COURT:  Urges the Judicial Council to recommend guidelines and
rules to the Supreme Court of La. for the qualification and standards on the use of
court interpreters
A CONCURRENT RESOLUTI ON1
To urge and request the Judicial Council to study and make recommendations for inclusion2
by the Supreme Court of Louisiana in the uniform rules of state court guidelines for3
the qualifications and standards governing the use of interpreters in the courts for4
non-English-speaking principal parties in interest, defendants, and witnesses in5
proceedings before the court.6
WHEREAS, Act No. 882 was enacted during the 2008 Regular Session of the7
Legislature of Louisiana and requires that a judge appoint a competent interpreter to interpret8
or to translate the proceedings to a principal party in interest or witness and to interpret or9
translate his testimony in civil and criminal proceedings before a court; and10
WHEREAS, on September 17, 2009, the Judiciary Committee of the Louisiana11
House of Representatives held a meeting to study the effect of Act No. 882 of the 200812
Regular Session of the Legislature and received testimony from numerous witnesses; and13
WHEREAS, these witnesses before the committee testified as to problems in the14
court because of nonuniformity in the standards of the interpreters utilized by different15
courts; and16
WHEREAS, these witnesses before the committee recommended that standards17
needed to be set regarding what constitutes a "competent interpreter" and that the Supreme18
Court of the state of Louisiana should adopt uniform rules establishing a certification19 HLS 10RS-799	ENGROSSED
HCR NO. 48
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procedure for interpreters as to what standards would be required to be accepted in a1
courtroom as an interpreter; and2
WHEREAS, forty of the fifty states have joined the Consortium for State Court3
Interpreter Certification of the National Center for State Courts which was created and4
implemented in direct response to the Court Interpreters Act of 1978 and whose mission is5
to inspire and enable its members to promote equal access to justice in courts and tribunals6
by eliminating language barriers for persons with limited English proficiency; and7
WHEREAS, the Consortium for State Court Interpreter Certification of the National8
Center for State Courts may be a good resource to be utilized by the council in considering9
standards for the courts of Louisiana; and10
WHEREAS, Act No. 882 of the 2008 Regular Session of the Legislature requires the11
fees paid to interpreters be taxed by the court as court costs; and12
WHEREAS, the model suggested by the National Center for State Courts would13
allow the state to apply to access federal funds to support state court interpreter programs14
in areas such as certification, training, and general support; and15
WHEREAS, one of the purposes of the Judicial Council is to make continuous study16
of the organization of the courts, of the rules, procedures, and practices of the judicial system17
of the state, as well as of the work accomplished and the results attained by it, and of the18
uniformity of the exercise of discretionary power of the courts, to the end that procedure may19
be simplified, business expedited, and justice better administered.20
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby21
urge and request the Judicial Council to study and make recommendations to the Supreme22
Court of Louisiana for inclusion in the uniform rules of state court guidelines for the23
qualifications and standards governing the use of interpreters in the courts for non-English-24
speaking principal parties in interest, defendants, and witnesses in proceedings before the25
court. 26
BE IT FURTHER RESOLVED that a copy of this Resolution be submitted to the27
Chief Justice of the Supreme Court of the state of Louisiana as member and chairperson of28
the Judicial Council.29 HLS 10RS-799	ENGROSSED
HCR NO. 48
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Richmond	HCR No. 48
Requests the Judicial Council to study and make recommendations to the supreme court for
inclusion in the uniform rules of state court guidelines for the qualifications and standards
governing the use of interpreters in the courts for non-English-speaking principal parties in
interest, defendants, and witnesses in proceedings before the court.