HLS 22RS-2312 ENGROSSED
2022 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 71
BY REPRESENTATIVE WHITE
CIVIL/PROCEDURE: Requests the La. State Law Institute to study certain proposed
changes relative to the use of interpreters in court proceedings
1 A CONCURRENT RESOL UTION
2To urge and request the Louisiana State Law Institute to study proposed changes by the
3 Office of Language Access Stakeholder Committee of the Louisiana Supreme Court
4 and make recommendations to the Legislature of Louisiana regarding the laws on the
5 use of interpreters in court proceedings.
6 WHEREAS, the Language Access Plan in Louisiana Courts was approved by the
7Supreme Court of Louisiana and was the result of the Memorandum of Agreement with the
8United States Department of Justice; and
9 WHEREAS, the Memorandum of Agreement requires the exploration of revisions
10to state laws to provide language assistance services at no cost to individuals with limited
11English proficiency in all state court proceedings and operations; and
12 WHEREAS, there has been an increased need for qualified interpreters in court
13proceedings; and
14 WHEREAS, concerns have arisen as to whether current state laws regarding
15interpreter qualifications adequately provide for the processes of appointment, qualifications,
16and competence of interpreters; and
17 WHEREAS, Code of Evidence Article 604 provides that an interpreter shall be
18qualified as an expert and shall give an oath or affirmation to make a true translation of
19testimony in court proceedings; and
20 WHEREAS, Code of Evidence Article 702 provides that a witness who is qualified
21as an expert may testify in the form of an opinion or otherwise; and
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HCR NO. 71
1 WHEREAS, while interpreters may qualify as experts, it is well accepted that
2interpreters do not give opinions; and
3 WHEREAS, standards and guidance to follow when considering the competence of
4an interpreter for purposes of qualification, as well as avenues to challenge the accuracy of
5the interpretation itself are absent from Louisiana laws; and
6 WHEREAS, judicial efficiency may be enhanced through the clarification of rules
7governing interpreters and interpretations in Louisiana law.
8 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
9urge and request that the Louisiana State Law Institute study the Office of Language Access
10Stakeholder Committee's proposed changes, when received, and give recommendations, if
11any, to the laws on the use of interpreters in court proceedings to enhance judicial efficiency
12and clarity within the rules of evidence and procedure.
13 BE IT FURTHER RESOLVED that a copy of this Concurrent Resolution be
14transmitted to the director of the Louisiana State Law Institute and that the Louisiana State
15Law Institute report its findings and recommendation to the Legislature of Louisiana on or
16before April 28, 2023.
17 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
18one print copy and one electronic copy of any report produced pursuant to this Resolution
19to the David R. Poynter Legislative Research Library as required by R.S. 24:772.
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)]
HCR 71 Engrossed 2022 Regular Session White
Requests the La. State Law Institute to study and make recommendations regarding the
Office of Language Access Stakeholder Committee's proposed changes to the laws on the
use of interpreters in court proceedings.
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