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