Louisiana 2010 Regular Session

Louisiana House Bill HCR48 Latest Draft

Bill / Enrolled Version

                            ENROLLED
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Regular Session, 2010
HOUSE CONCURRENT RESOLUTI ON NO. 48
BY REPRESENTATIVE RICHMOND
A CONCURRENT RESOLUTI ON
To urge and request the Judicial Council to study and make recommendations for inclusion
by the Supreme Court of Louisiana 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.
WHEREAS, Act No. 882 was enacted during the 2008 Regular Session of the
Legislature of Louisiana and requires that a judge appoint a competent interpreter to interpret
or to translate the proceedings to a principal party in interest or witness and to interpret or
translate his testimony in civil and criminal proceedings before a court; and
WHEREAS, on September 17, 2009, the Judiciary Committee of the Louisiana
House of Representatives held a meeting to study the effect of Act No. 882 of the 2008
Regular Session of the Legislature and received testimony from numerous witnesses; and
WHEREAS, these witnesses before the committee testified as to problems in the
court because of nonuniformity in the standards of the interpreters utilized by different
courts; and
WHEREAS, these witnesses before the committee recommended that standards
needed to be set regarding what constitutes a "competent interpreter" and that the Supreme
Court of the state of Louisiana should adopt uniform rules establishing a certification
procedure for interpreters as to what standards would be required to be accepted in a
courtroom as an interpreter; and
WHEREAS, forty of the fifty states have joined the Consortium for State Court
Interpreter Certification of the National Center for State Courts which was created and
implemented in direct response to the Court Interpreters Act of 1978 and whose mission is ENROLLEDHCR NO. 48
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to inspire and enable its members to promote equal access to justice in courts and tribunals
by eliminating language barriers for persons with limited English proficiency; and
WHEREAS, the Consortium for State Court Interpreter Certification of the National
Center for State Courts may be a good resource to be utilized by the council in considering
standards for the courts of Louisiana; and
WHEREAS, Act No. 882 of the 2008 Regular Session of the Legislature requires the
fees paid to interpreters be taxed by the court as court costs; and
WHEREAS, the model suggested by the National Center for State Courts would
allow the state to apply to access federal funds to support state court interpreter programs
in areas such as certification, training, and general support; and
WHEREAS, one of the purposes of the Judicial Council is to make continuous study
of the organization of the courts, of the rules, procedures, and practices of the judicial system
of the state, as well as of the work accomplished and the results attained by it, and of the
uniformity of the exercise of discretionary power of the courts, to the end that procedure may
be simplified, business expedited, and justice better administered.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Judicial Council to study and make recommendations to the Supreme
Court of Louisiana 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. 
BE IT FURTHER RESOLVED that a copy of this Resolution be submitted to the
Chief Justice of the Supreme Court of the state of Louisiana as member and chairperson of
the Judicial Council.
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE