| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary A By: Representative Yates House Bill 1248 AN ACT TO AMEND SECTION 9-21-71, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN ORAL INTERVIEW FOR REGISTERED INTERPRETERS; TO AMEND SECTION 9-21-73, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE AOC TO ESTABLISH A LANGUAGE ACCESS PROGRAM; TO AMEND SECTION 9-21-77, MISSISSIPPI CODE OF 1972, TO REVISE THE INTERPRETERS OATH; TO AMEND SECTIONS 9-21-79, 9-21-80 AND 9-21-81, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO CREATE NEW SECTION 9-21-82, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH COURT TO DEVELOP AND SUBMIT AN ANNUAL REPORT TO AOC WITH CERTAIN INFORMATION RELATED TO ACCESS TO LIMITED ENGLISH PROFICIENT INDIVIDUALS; TO AMEND SECTION 99-17-7, MISSISSIPPI CODE OF 1972, TO CLARIFY; TO BRING FORWARD SECTION 9-21-75, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE AUTHORITY TO HIRE INTERPRETERS OR ALLOW VOLUNTEER INTERPRETERS; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 9-21-71, Mississippi Code of 1972, is amended as follows: 9-21-71. The following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise: (a) "Limited English Proficient (LEP) individual" means any party * * *or , witness or participant who cannot readily understand or communicate in spoken English or who does not speak English as his or her primary language and who consequently has a limited ability to read, speak, write or understand English and cannot equally participate in or benefit from the proceedings unless an interpreter is available to assist the individual. The fact that a person for whom English is a second language * * * knows some English does not prohibit that individual from being allowed to have an interpreter. (b) "Court interpreter" means any person authorized by a court who is competent to translate or interpret oral or written communication in a foreign language during court proceedings. A court interpreter may be one (1) of the following: (i) "Certified court interpreter," which means an interpreter who successfully has met all requirements promulgated by the Administrative Office of Courts to be designated a registered court interpreter and has scored at least seventy percent (70%) on each of the three (3) sections of an approved criterion-referenced oral performance examination. (ii) "Registered court interpreter," which means an interpreter who has: 1. Attended an approved two-day, fourteen-hour ethics and skill building workshop; 2. Passed an approved criterion-referenced written examination with a minimum overall score of eighty percent (80%); 3. Passed an approved Oral Proficiency Interview pursuant to the rules established by the Administrative Office of Courts; * * *3.4. Submitted to a criminal background check; * * *4.5. Provided verification of legal right to work in the United States; * * *5.6. Executed the Interpreter Oath; and * * *6.7. Satisfied any additional requirements that the Administrative Office of Courts may establish in order to be listed as a registered court interpreter on the roster. (iii) "Noncredentialed interpreter," which means an interpreter who has not met the requirements promulgated by the Administrative Office of Courts to be classified as a registered or certified court interpreter and therefore not listed on the roster. (c) "Court proceedings" means a proceeding before any court of this state or a grand jury hearing, including all civil and criminal hearings and trials. (d) "Interpretation" means the accurate and complete unrehearsed transmission of an oral message from one (1) language to an oral message in another language. Interpretation may be one (1) of the following: (i) "Consecutive interpretation," which means providing the target-language message after the speaker has finished speaking. (ii) "Sight translation," which means oral translation of a written document. (iii) "Simultaneous interpretation," which means providing the target-language message at approximately the same time the source-language message is being produced. (e) "Source language" means the input language requiring interpretation. (f) "Target language" means the output language into which the utterance is being interpreted. (g) "Translation" means the process of translating text from one (1) language to another to maintain the original message and communication. SECTION 2. Section 9-21-73, Mississippi Code of 1972, is amended as follows: 9-21-73. (1) The Administrative Office of Courts shall establish a program for language access and to facilitate the use of interpreters in all courts of the State of Mississippi. (2) (a) The Administrative Office of Courts shall prescribe the qualifications of and qualify persons who may serve as credentialed court interpreters in all courts of the State of Mississippi. The Administrative Office of Courts may set and charge a reasonable fee for credentialing. (b) The Administrative Office of Courts shall maintain a current master list of all credentialed court interpreters (the "roster"). (3) In all bilingual proceedings, the presiding judicial officer, with the assistance of the Administrative Office of Courts, shall utilize the services of an interpreter to communicate all spoken or written words * * *when the necessity therefor has been determined pursuant to Section 9‑21‑79. (4) A Limited English Proficient (LEP) individual is entitled to use an interpreter in any instance arising out of or pertaining to the individual's involvement in litigation. (5) All courts shall * * * maintain on file in the office of the clerk of the court a list of all persons who have been utilize the current roster of credentialed * * *as court interpreters * * *in accordance with maintained by the Administrative Office of Court's Credentialing Program established pursuant to this section. SECTION 3. Section 9-21-77, Mississippi Code of 1972, is amended as follows: 9-21-77. (1) Prior to providing any service to a Limited English Proficient (LEP) individual, the interpreter shall subscribe to an oath that he or she shall interpret all communications in an accurate manner to the best of his or her skill and knowledge. (2) The oath shall conform substantially to the following form: INTERPRETER'S OATH "Do you solemnly swear or affirm that you will faithfully interpret from (state the language) into English and from English into (state the language) * * *the proceedings before this court in an accurate manner to the best of your skill and knowledge accurately completely and impartially using your best skill and judgment in accordance with prescribed law, the Mississippi Rules on Standards for Court Interpreters, and the Mississippi Code of Ethics for Court Interpreters, to abide by the Rules of the Mississippi Court Interpreter Credentialing Program, and to discharge all solemn duties and obligations of legal interpretation and translation?" (3) Interpreters shall not voluntarily disclose any admission or communication that is declared to be confidential or privileged under state law. Out-of-court disclosures made by a Limited English Proficient (LEP) individual communicating through an interpreter shall be treated by the interpreter as confidential or privileged or both unless the court orders the interpreter to disclose such communications or the Limited English Proficient (LEP) individual waives such confidentiality or privilege. (4) Interpreters shall not publicly discuss, report or offer an opinion concerning a matter in which they are engaged, even when that information is not privileged or required by law to be confidential. (5) The presence of an interpreter shall not affect the privileged nature of any discussion. SECTION 4. Section 9-21-79, Mississippi Code of 1972, is amended as follows: 9-21-79. (1) An interpreter is needed and a court interpreter shall be appointed when the judge determines * * *, after an examination of a party or witness, that: (a) the party, witness or participant cannot understand and speak English well enough to participate fully in the proceedings and to assist counsel; or (b) the witness cannot speak English so as to be understood directly by counsel, court and jury. (2) The court should examine a party or witness on the record to determine whether an interpreter is needed if: (a) A party or counsel requests such an examination; (b) It appears to the court that the party or witness may not understand and speak English well enough to participate fully in the proceedings; or * * *(c) The party or witness requests an interpreter. The fact that a person for whom English is a second language knows some English does not prohibit that individual from being allowed to have an interpreter. * * *(3) After the examination, the court should state its conclusion on the record, and the file in the case shall be clearly marked and data entered electronically when appropriate by court personnel to ensure that an interpreter will be present when needed in any subsequent hearing or instance arising out of the litigation. ( * * *43) * * *Upon a request by the Limited English Proficient (LEP) individual, by counsel, or by any other officer of the court, The court shall determine whether the interpreter provided is able to communicate accurately with and translate information to and from the Limited English Proficient (LEP) * * *individual participant. If it is determined that the interpreter cannot perform these functions, the court shall provide the Limited English Proficient (LEP) * * *individual participant with another interpreter. (4) Recognition of the need for a court interpreter may arise from a request by a party or counsel, the court's own voir dire of a party or witness, or disclosures made to the court by parties, counsel, court employees, or other persons familiar with the ability or inability of the person to understand and communicate in English. (5) A Limited English Proficient (LEP) individual may at any point in a proceeding waive the services of a credentialed court interpreter. The waiver must be knowing and voluntary and with the approval of the court. Any deliberations made regarding a waiver or the retraction of a waiver must be made on the record. Granting such waiver is a matter of judicial discretion. The waiver may be approved only after: (a) The court explains in open court to the LEP individual, through an interpreter, the nature and effect of the waiver; (b) The court explains the LEP individual's right to a credentialed court interpreter at no charge to the LEP individual; (c) The court determines in open court that the waiver has been made knowingly, intelligently, and voluntarily; and (d) In a criminal matter, the court must further determine that the defendant has been afforded the opportunity to consult with his or her attorney regarding the waiver. (6) At any point in the proceeding, the LEP individual may retract the waiver and request an AOC credentialed court interpreter. SECTION 5. Section 9-21-80, Mississippi Code of 1972, is amended as follows: 9-21-80. (1) The court shall appoint an interpreter in the following order of preference: (a) Certified court interpreter. (b) Registered court interpreter. (c) * * * Non‑credential Noncredentialed interpreter. (2) A noncredentialed interpreter may be appointed if: (a) Neither a certified nor registered court interpreter reasonably is available; and (b) The court has evaluated the totality of the circumstances, including the gravity of the judicial proceeding and the potential penalty or consequence involved. (3) If the court appoints * * *a non‑credentialed an interpreter that is not certified, the court must make the following findings on the record: (a) The proposed interpreter appears to have: (i) adequate language skills, knowledge of interpreting techniques, and familiarity with interpreting in a court setting; and (ii) read and understand, and agrees to abide by, the Mississippi Code of Ethics for Court Interpreters and the Mississippi Rules on Standards for Court Interpreters. (4) A summary of the efforts made to obtain a certified * * *or registered court interpreter, as well as a summary of the efforts to determine the capabilities of the proposed * * * non‑credentialed interpreter, must be made in open court and placed on the record. (5) All interpreters providing court interpreting services are subject to the rules and ethical requirements set forth in the Mississippi Court Interpreter Credentialing Program, without regard to whether they are listed on the roster. SECTION 6. Section 9-21-81, Mississippi Code of 1972, is amended as follows: 9-21-81. (1) Any volunteer interpreter providing services under Sections 9-21-71 through 9-21-81 * * *shall be paid may request reasonable expenses by the court. (2) The costs and expenses of providing an interpreter in any court proceeding or instance arising out of litigation must be payable out of the county or municipal treasury or any other source of funds available for this purpose at no cost to the litigant or the Limited English Proficient (LEP) party, witness or participant. SECTION 7. The following shall be codified as Section 9-21-82, Mississippi Code of 1972: 9-21-82. Each court in the State of Mississippi shall develop and submit a report annually to the Administrative Office of Courts with information and plans concerning implementation of language access for Limited English Proficient (LEP) individuals. The report shall include, but is not limited to the following: (a) The number of bilingual staff who are available to facilitate language access and the languages they facilitate. (b) A plan to address any insufficiency in its ability to provide language access. (c) A list of vital documents that it has had translated and the language of the translation. (d) The number of times an interpreter is utilized (in both court cases and court clerk encounters), what language was needed, and the total cost for interpreters. (e) A staff training plan related to language access. The staff training plan must include specific information regarding implementation, including the specific types of language services available and how the court will do all of the following: (i) Obtain language services internally or from vendors. (ii) Respond to callers with limited English proficiency. (iii) Respond to written communications from individuals with limited English proficiency. (iv) Respond to individuals with limited English proficiency who have in-person contact with staff. (v) Collect language data for all public encounters. SECTION 8. Section 99-17-7, Mississippi Code of 1972, is amended as follows: 99-17-7. In all criminal cases wherein the defendant is a Limited English Proficient (LEP) individual, the court shall appoint a qualified interpreter as provided in Section 9-21-80, sworn truly to interpret, and allow him a reasonable compensation, as set by the court, payable out of the county or municipal treasury or any other source of funds available for this purpose at no cost to the * * *defendant Limited English Proficient (LEP) party, witness or participant. SECTION 9. Section 9-21-75, Mississippi Code of 1972, is brought forward as follows: 9-21-75. The court may appoint either an interpreter who is paid or a volunteer interpreter. SECTION 10. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Judiciary A |
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| 8 | 8 | | |
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| 9 | 9 | | By: Representative Yates |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 1248 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO AMEND SECTION 9-21-71, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN ORAL INTERVIEW FOR REGISTERED INTERPRETERS; TO AMEND SECTION 9-21-73, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE AOC TO ESTABLISH A LANGUAGE ACCESS PROGRAM; TO AMEND SECTION 9-21-77, MISSISSIPPI CODE OF 1972, TO REVISE THE INTERPRETERS OATH; TO AMEND SECTIONS 9-21-79, 9-21-80 AND 9-21-81, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO CREATE NEW SECTION 9-21-82, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH COURT TO DEVELOP AND SUBMIT AN ANNUAL REPORT TO AOC WITH CERTAIN INFORMATION RELATED TO ACCESS TO LIMITED ENGLISH PROFICIENT INDIVIDUALS; TO AMEND SECTION 99-17-7, MISSISSIPPI CODE OF 1972, TO CLARIFY; TO BRING FORWARD SECTION 9-21-75, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE AUTHORITY TO HIRE INTERPRETERS OR ALLOW VOLUNTEER INTERPRETERS; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. Section 9-21-71, Mississippi Code of 1972, is amended as follows: |
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| 18 | 18 | | |
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| 19 | 19 | | 9-21-71. The following words and phrases have the meanings ascribed in this section unless the context clearly requires otherwise: |
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| 20 | 20 | | |
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| 21 | 21 | | (a) "Limited English Proficient (LEP) individual" means any party * * *or , witness or participant who cannot readily understand or communicate in spoken English or who does not speak English as his or her primary language and who consequently has a limited ability to read, speak, write or understand English and cannot equally participate in or benefit from the proceedings unless an interpreter is available to assist the individual. The fact that a person for whom English is a second language * * * knows some English does not prohibit that individual from being allowed to have an interpreter. |
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| 22 | 22 | | |
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| 23 | 23 | | (b) "Court interpreter" means any person authorized by a court who is competent to translate or interpret oral or written communication in a foreign language during court proceedings. A court interpreter may be one (1) of the following: |
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| 24 | 24 | | |
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| 25 | 25 | | (i) "Certified court interpreter," which means an interpreter who successfully has met all requirements promulgated by the Administrative Office of Courts to be designated a registered court interpreter and has scored at least seventy percent (70%) on each of the three (3) sections of an approved criterion-referenced oral performance examination. |
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| 26 | 26 | | |
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| 27 | 27 | | (ii) "Registered court interpreter," which means an interpreter who has: |
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| 28 | 28 | | |
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| 29 | 29 | | 1. Attended an approved two-day, fourteen-hour ethics and skill building workshop; |
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| 30 | 30 | | |
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| 31 | 31 | | 2. Passed an approved criterion-referenced written examination with a minimum overall score of eighty percent (80%); |
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| 32 | 32 | | |
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| 33 | 33 | | 3. Passed an approved Oral Proficiency Interview pursuant to the rules established by the Administrative Office of Courts; |
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| 34 | 34 | | |
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| 35 | 35 | | * * *3.4. Submitted to a criminal background check; |
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| 36 | 36 | | |
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| 37 | 37 | | * * *4.5. Provided verification of legal right to work in the United States; |
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| 38 | 38 | | |
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| 39 | 39 | | * * *5.6. Executed the Interpreter Oath; and |
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| 40 | 40 | | |
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| 41 | 41 | | * * *6.7. Satisfied any additional requirements that the Administrative Office of Courts may establish in order to be listed as a registered court interpreter on the roster. |
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| 42 | 42 | | |
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| 43 | 43 | | (iii) "Noncredentialed interpreter," which means an interpreter who has not met the requirements promulgated by the Administrative Office of Courts to be classified as a registered or certified court interpreter and therefore not listed on the roster. |
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| 44 | 44 | | |
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| 45 | 45 | | (c) "Court proceedings" means a proceeding before any court of this state or a grand jury hearing, including all civil and criminal hearings and trials. |
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| 46 | 46 | | |
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| 47 | 47 | | (d) "Interpretation" means the accurate and complete unrehearsed transmission of an oral message from one (1) language to an oral message in another language. Interpretation may be one (1) of the following: |
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| 48 | 48 | | |
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| 49 | 49 | | (i) "Consecutive interpretation," which means providing the target-language message after the speaker has finished speaking. |
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| 50 | 50 | | |
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| 51 | 51 | | (ii) "Sight translation," which means oral translation of a written document. |
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| 52 | 52 | | |
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| 53 | 53 | | (iii) "Simultaneous interpretation," which means providing the target-language message at approximately the same time the source-language message is being produced. |
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| 54 | 54 | | |
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| 55 | 55 | | (e) "Source language" means the input language requiring interpretation. |
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| 56 | 56 | | |
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| 57 | 57 | | (f) "Target language" means the output language into which the utterance is being interpreted. |
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| 58 | 58 | | |
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| 59 | 59 | | (g) "Translation" means the process of translating text from one (1) language to another to maintain the original message and communication. |
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| 60 | 60 | | |
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| 61 | 61 | | SECTION 2. Section 9-21-73, Mississippi Code of 1972, is amended as follows: |
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| 62 | 62 | | |
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| 63 | 63 | | 9-21-73. (1) The Administrative Office of Courts shall establish a program for language access and to facilitate the use of interpreters in all courts of the State of Mississippi. |
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| 64 | 64 | | |
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| 65 | 65 | | (2) (a) The Administrative Office of Courts shall prescribe the qualifications of and qualify persons who may serve as credentialed court interpreters in all courts of the State of Mississippi. The Administrative Office of Courts may set and charge a reasonable fee for credentialing. |
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| 66 | 66 | | |
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| 67 | 67 | | (b) The Administrative Office of Courts shall maintain a current master list of all credentialed court interpreters (the "roster"). |
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| 68 | 68 | | |
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| 69 | 69 | | (3) In all bilingual proceedings, the presiding judicial officer, with the assistance of the Administrative Office of Courts, shall utilize the services of an interpreter to communicate all spoken or written words * * *when the necessity therefor has been determined pursuant to Section 9‑21‑79. |
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| 70 | 70 | | |
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| 71 | 71 | | (4) A Limited English Proficient (LEP) individual is entitled to use an interpreter in any instance arising out of or pertaining to the individual's involvement in litigation. |
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| 72 | 72 | | |
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| 73 | 73 | | (5) All courts shall * * * maintain on file in the office of the clerk of the court a list of all persons who have been utilize the current roster of credentialed * * *as court interpreters * * *in accordance with maintained by the Administrative Office of Court's Credentialing Program established pursuant to this section. |
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| 74 | 74 | | |
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| 75 | 75 | | SECTION 3. Section 9-21-77, Mississippi Code of 1972, is amended as follows: |
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| 76 | 76 | | |
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| 77 | 77 | | 9-21-77. (1) Prior to providing any service to a Limited English Proficient (LEP) individual, the interpreter shall subscribe to an oath that he or she shall interpret all communications in an accurate manner to the best of his or her skill and knowledge. |
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| 78 | 78 | | |
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| 79 | 79 | | (2) The oath shall conform substantially to the following form: |
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| 80 | 80 | | |
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| 81 | 81 | | INTERPRETER'S OATH |
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| 82 | 82 | | |
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| 83 | 83 | | "Do you solemnly swear or affirm that you will faithfully interpret from (state the language) into English and from English into (state the language) * * *the proceedings before this court in an accurate manner to the best of your skill and knowledge accurately completely and impartially using your best skill and judgment in accordance with prescribed law, the Mississippi Rules on Standards for Court Interpreters, and the Mississippi Code of Ethics for Court Interpreters, to abide by the Rules of the Mississippi Court Interpreter Credentialing Program, and to discharge all solemn duties and obligations of legal interpretation and translation?" |
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| 84 | 84 | | |
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| 85 | 85 | | (3) Interpreters shall not voluntarily disclose any admission or communication that is declared to be confidential or privileged under state law. Out-of-court disclosures made by a Limited English Proficient (LEP) individual communicating through an interpreter shall be treated by the interpreter as confidential or privileged or both unless the court orders the interpreter to disclose such communications or the Limited English Proficient (LEP) individual waives such confidentiality or privilege. |
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| 86 | 86 | | |
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| 87 | 87 | | (4) Interpreters shall not publicly discuss, report or offer an opinion concerning a matter in which they are engaged, even when that information is not privileged or required by law to be confidential. |
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| 88 | 88 | | |
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| 89 | 89 | | (5) The presence of an interpreter shall not affect the privileged nature of any discussion. |
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| 90 | 90 | | |
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| 91 | 91 | | SECTION 4. Section 9-21-79, Mississippi Code of 1972, is amended as follows: |
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| 92 | 92 | | |
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| 93 | 93 | | 9-21-79. (1) An interpreter is needed and a court interpreter shall be appointed when the judge determines * * *, after an examination of a party or witness, that: (a) the party, witness or participant cannot understand and speak English well enough to participate fully in the proceedings and to assist counsel; or (b) the witness cannot speak English so as to be understood directly by counsel, court and jury. |
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| 94 | 94 | | |
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| 95 | 95 | | (2) The court should examine a party or witness on the record to determine whether an interpreter is needed if: |
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| 96 | 96 | | |
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| 97 | 97 | | (a) A party or counsel requests such an examination; |
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| 98 | 98 | | |
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| 99 | 99 | | (b) It appears to the court that the party or witness may not understand and speak English well enough to participate fully in the proceedings; or |
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| 100 | 100 | | |
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| 101 | 101 | | * * *(c) The party or witness requests an interpreter. The fact that a person for whom English is a second language knows some English does not prohibit that individual from being allowed to have an interpreter. |
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| 102 | 102 | | |
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| 103 | 103 | | * * *(3) After the examination, the court should state its conclusion on the record, and the file in the case shall be clearly marked and data entered electronically when appropriate by court personnel to ensure that an interpreter will be present when needed in any subsequent hearing or instance arising out of the litigation. |
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| 104 | 104 | | |
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| 105 | 105 | | ( * * *43) * * *Upon a request by the Limited English Proficient (LEP) individual, by counsel, or by any other officer of the court, The court shall determine whether the interpreter provided is able to communicate accurately with and translate information to and from the Limited English Proficient (LEP) * * *individual participant. If it is determined that the interpreter cannot perform these functions, the court shall provide the Limited English Proficient (LEP) * * *individual participant with another interpreter. |
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| 106 | 106 | | |
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| 107 | 107 | | (4) Recognition of the need for a court interpreter may arise from a request by a party or counsel, the court's own voir dire of a party or witness, or disclosures made to the court by parties, counsel, court employees, or other persons familiar with the ability or inability of the person to understand and communicate in English. |
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| 108 | 108 | | |
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| 109 | 109 | | (5) A Limited English Proficient (LEP) individual may at any point in a proceeding waive the services of a credentialed court interpreter. The waiver must be knowing and voluntary and with the approval of the court. Any deliberations made regarding a waiver or the retraction of a waiver must be made on the record. Granting such waiver is a matter of judicial discretion. The waiver may be approved only after: |
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| 110 | 110 | | |
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| 111 | 111 | | (a) The court explains in open court to the LEP individual, through an interpreter, the nature and effect of the waiver; |
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| 112 | 112 | | |
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| 113 | 113 | | (b) The court explains the LEP individual's right to a credentialed court interpreter at no charge to the LEP individual; |
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| 114 | 114 | | |
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| 115 | 115 | | (c) The court determines in open court that the waiver has been made knowingly, intelligently, and voluntarily; and |
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| 116 | 116 | | |
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| 117 | 117 | | (d) In a criminal matter, the court must further determine that the defendant has been afforded the opportunity to consult with his or her attorney regarding the waiver. |
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| 118 | 118 | | |
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| 119 | 119 | | (6) At any point in the proceeding, the LEP individual may retract the waiver and request an AOC credentialed court interpreter. |
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| 120 | 120 | | |
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| 121 | 121 | | SECTION 5. Section 9-21-80, Mississippi Code of 1972, is amended as follows: |
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| 122 | 122 | | |
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| 123 | 123 | | 9-21-80. (1) The court shall appoint an interpreter in the following order of preference: |
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| 124 | 124 | | |
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| 125 | 125 | | (a) Certified court interpreter. |
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| 126 | 126 | | |
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| 127 | 127 | | (b) Registered court interpreter. |
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| 128 | 128 | | |
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| 129 | 129 | | (c) * * * Non‑credential Noncredentialed interpreter. |
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| 130 | 130 | | |
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| 131 | 131 | | (2) A noncredentialed interpreter may be appointed if: |
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| 132 | 132 | | |
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| 133 | 133 | | (a) Neither a certified nor registered court interpreter reasonably is available; and |
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| 134 | 134 | | |
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| 135 | 135 | | (b) The court has evaluated the totality of the circumstances, including the gravity of the judicial proceeding and the potential penalty or consequence involved. |
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| 136 | 136 | | |
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| 137 | 137 | | (3) If the court appoints * * *a non‑credentialed an interpreter that is not certified, the court must make the following findings on the record: |
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| 138 | 138 | | |
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| 139 | 139 | | (a) The proposed interpreter appears to have: (i) adequate language skills, knowledge of interpreting techniques, and familiarity with interpreting in a court setting; and (ii) read and understand, and agrees to abide by, the Mississippi Code of Ethics for Court Interpreters and the Mississippi Rules on Standards for Court Interpreters. |
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| 140 | 140 | | |
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| 141 | 141 | | (4) A summary of the efforts made to obtain a certified * * *or registered court interpreter, as well as a summary of the efforts to determine the capabilities of the proposed * * * non‑credentialed interpreter, must be made in open court and placed on the record. |
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| 142 | 142 | | |
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| 143 | 143 | | (5) All interpreters providing court interpreting services are subject to the rules and ethical requirements set forth in the Mississippi Court Interpreter Credentialing Program, without regard to whether they are listed on the roster. |
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| 144 | 144 | | |
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| 145 | 145 | | SECTION 6. Section 9-21-81, Mississippi Code of 1972, is amended as follows: |
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| 146 | 146 | | |
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| 147 | 147 | | 9-21-81. (1) Any volunteer interpreter providing services under Sections 9-21-71 through 9-21-81 * * *shall be paid may request reasonable expenses by the court. |
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| 148 | 148 | | |
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| 149 | 149 | | (2) The costs and expenses of providing an interpreter in any court proceeding or instance arising out of litigation must be payable out of the county or municipal treasury or any other source of funds available for this purpose at no cost to the litigant or the Limited English Proficient (LEP) party, witness or participant. |
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| 150 | 150 | | |
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| 151 | 151 | | SECTION 7. The following shall be codified as Section 9-21-82, Mississippi Code of 1972: |
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| 152 | 152 | | |
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| 153 | 153 | | 9-21-82. Each court in the State of Mississippi shall develop and submit a report annually to the Administrative Office of Courts with information and plans concerning implementation of language access for Limited English Proficient (LEP) individuals. The report shall include, but is not limited to the following: |
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| 154 | 154 | | |
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| 155 | 155 | | (a) The number of bilingual staff who are available to facilitate language access and the languages they facilitate. |
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| 156 | 156 | | |
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| 157 | 157 | | (b) A plan to address any insufficiency in its ability to provide language access. |
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| 158 | 158 | | |
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| 159 | 159 | | (c) A list of vital documents that it has had translated and the language of the translation. |
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| 160 | 160 | | |
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| 161 | 161 | | (d) The number of times an interpreter is utilized (in both court cases and court clerk encounters), what language was needed, and the total cost for interpreters. |
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| 162 | 162 | | |
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| 163 | 163 | | (e) A staff training plan related to language access. The staff training plan must include specific information regarding implementation, including the specific types of language services available and how the court will do all of the following: |
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| 164 | 164 | | |
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| 165 | 165 | | (i) Obtain language services internally or from vendors. |
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| 166 | 166 | | |
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| 167 | 167 | | (ii) Respond to callers with limited English proficiency. |
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| 168 | 168 | | |
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| 169 | 169 | | (iii) Respond to written communications from individuals with limited English proficiency. |
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| 170 | 170 | | |
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| 171 | 171 | | (iv) Respond to individuals with limited English proficiency who have in-person contact with staff. |
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| 172 | 172 | | |
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| 173 | 173 | | (v) Collect language data for all public encounters. |
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| 174 | 174 | | |
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| 175 | 175 | | SECTION 8. Section 99-17-7, Mississippi Code of 1972, is amended as follows: |
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| 176 | 176 | | |
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| 177 | 177 | | 99-17-7. In all criminal cases wherein the defendant is a Limited English Proficient (LEP) individual, the court shall appoint a qualified interpreter as provided in Section 9-21-80, sworn truly to interpret, and allow him a reasonable compensation, as set by the court, payable out of the county or municipal treasury or any other source of funds available for this purpose at no cost to the * * *defendant Limited English Proficient (LEP) party, witness or participant. |
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| 178 | 178 | | |
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| 179 | 179 | | SECTION 9. Section 9-21-75, Mississippi Code of 1972, is brought forward as follows: |
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| 180 | 180 | | |
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| 181 | 181 | | 9-21-75. The court may appoint either an interpreter who is paid or a volunteer interpreter. |
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| 182 | 182 | | |
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| 183 | 183 | | SECTION 10. This act shall take effect and be in force from and after July 1, 2025. |
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