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CANONS OF ETHICS AND CONDUCT FOR COURT INTERPRETERS


CANON 1: HIGH STANDARDS OF CONDUCT
Interpreters, transliterators, and translators shall conduct themselves in a manner consistent with the dignity of the court and shall be as unobtrusive as possible.

Considerations: Interpreters, transliterators, and translators should maintain high standards of conduct at all times to promote public confidence in the administration of justice.

CANON 2: ACCURACY AND COMPLETENESS
Interpreters, transliterators, and translators shall render a complete and accurate interpretation or sight translation, without altering, omitting, or adding anything to what is stated or written, and without explanation.

Considerations: Interpreters, transliterators, and translators, in order to preserve the court's record and assist in the administration of justice, should faithfully and accurately interpret and repeat faithfully and exactly the meaning of what is said without embellishing, explaining, omitting, adding, altering, or summarizing anything spoken or written. This includes accuracy of style or register of speech, non-distortion of the meaning of the source language even if it appears obscene, incoherent, non-responsive, or a misstatement. When addressing the non-English speaker, they shall not assume or presume the intent behind any question asked and attempt to correct the question in the interpretation.
Interpreters, transliterators, and translators have a duty to correct themselves if they misinterpret, in order to preserve the court record. They have a duty to request repetition if they do not hear the information or the party did not speak in an audible manner.

CANON 3: IMPARTIALITY AND AVOIDANCE OF CONFLICT OF INTEREST
Interpreters, transliterators, and translators shall be impartial and unbiased. They shall refrain from conduct that may give the appearance of bias and disclose any real or perceived conflict of interest.

Considerations: Interpreters, transliterators, and translators shall not permit themselves to be used as an investigator in the case or as an investigator for any party to a case. They shall not permit themselves to be used for communicating information to a party, a relative to a party, or witness without the presence of the attorney. They shall not receive gifts or secondary remuneration above and beyond their set fees. If an actual conflict of interest or an appearance of a conflict of interest arises, the interpreter shall inform the court and the attorneys involved in the case. Such disclosure shall not include privileged or confidential information. Interpreters, transliterators and translators must disclose on the record to the court any prior involvement with the case, parties, or witnesses that could be viewed as a conflict of interest. Following disclosure, the court shall determine whether the interpreter may remain on the case. Interpreters, transliterators, and translators must refrain from conversations with parties, witnesses, jurors, attorneys, law enforcement agents, or with friends or relatives of any party during a trial unless it is to carry out interpreting duties. Should the interpreter become aware that a party in the case views the interpreter as being biased; the interpreter must disclose that information to the court. Counsel for either party may petition the court for appointment of a different interpreter thereby releasing the interpreter from the obligation the record. However, the court shall determine whether the interpreter may remain on the case. Attorneys, probation supervisors or investigators, police officers, therapists, social workers, family members, friends, volunteers or other professionals should not interpret in any non judicial proceeding or for any court or court support service in which he or she is professionally involved with a party to the matter and/or does not hold a certification on court interpretation or are qualified to interpret in legal settings. Interpreters, transliterators, and translators shall not offer opinion to any party, counsel or court official concerning the theory of a case, the credibility of a witness, or the demeanor of the finder of fact during the course of any judicial proceeding.

A conflict of interest may exist when:
1) Interpreters, transliterators, and translators are related to or have a close social relationship with a party or witness, or are themselves potential witnesses.
2) Interpreters, transliterators, and translators have been involved in the choice of counsel.
3) Interpreters, transliterators, and translators themselves, their spouse, or their child are party to the proceeding or have a financial interest or any other interest in the outcome of the case.
4) Interpreters, transliterators, and translators have served during the investigative phase of the case, which would require them to testify as an expert.

CANON 4: CONFIDENTIALITY
Interpreters, transliterators, and translators shall protect and not disclose a non-English speaker's privileged or confidential information made in or out of court without permission of said non-English speaker; provided, however, that such non-English speaker had a reasonable expectation or intent that such communication would be protected and not be so disclosed.

Considerations: Interpreters, transliterators and translators shall uphold attorney client privileged information. They shall protect from unauthorized disclosure all privileged or other confidential information that they obtain during the course of their professional duties. This means confidentiality with respect to any communication, documents, police and medical records, or other types of privileged communications. Interpreters, transliterators, and translators shall not derive any profit or advantage from any confidential information acquired while acting in a professional capacity.

CANON 5: REPRESENTATION OF QUALIFICATIONS
Interpreters, transliterators, and translators shall accurately and completely represent their certifications, training, and pertinent experience.

Considerations: Interpreters, transliterators, and translators have a duty to present completely and accurately any applicable testing credentials, certifications, training, references and pertinent experience.

CANON 6: PROFICIENCY
Each court interpreter, translator, or transliterator shall provide professional services only in matters or areas in which said professional can perform proficiently.

Considerations: Upon accepting an assignment, the interpreters, transliterators, and translators imply they have the capacity to perform effectively in the given setting, are fluent in both languages, and have the capacity to interpret accurately and understand the regional differences and dialect spoken. Interpreters, transliterators, and translators have a duty to request from the court and parties all pertinent information and materials, necessary to prepare for the case.
Interpreters, transliterators, and translators should strive continually to improve language skills and knowledge of specialized vocabulary and familiarize themselves with the judicial system and any court rules pertaining to interpreters. Interpreters, transliterators, and translators are responsible for having the proper dictionaries and other reference materials available when needed.

CANON 7: ASSESSING AND REPORTING IMPEDIMENTS TO PERFORMANCE
Interpreters, transliterators, and translators shall assess at all times their ability to deliver their services. If the interpreter, transliterator, and translator discover anything which impedes full compliance with this code, said individual shall report immediately this information to the appropriate judicial authority.

Considerations: Interpreters, transliterators, and translators shall inform the court if they are having difficulties obtaining any of the pertinent information or materials required to prepare for a trial or court proceeding which may impede their ability to perform adequately. If at the time of a hearing or trial the interpreter has not been provided with the information, the interpreter must on record inform the court and request a recess to review the information. Interpreters, transliterators, and translators should withdraw from an assignment due to lack of preparation, difficulty understanding the client, or lack of proficiency.

CANON 8: DUTY TO REPORT ETHICAL VIOLATIONS
Interpreters, transliterators, and translators shall report to the court any efforts to impede their compliance with any law, provision of this code, or other official policy governing court interpreting or legal translating. Interpreters, transliterators, and translators shall report to the appropriate judicial authority if they observe another interpreter, transliterator, or translator improperly performing an interpreting or translating assignment.

Considerations: Interpreters, transliterators, and translators have the duty to report to the court any ethical violations, actions, or information that suggests imminent harm to someone, relates to a criminal act, or refers to the persistence of a party demanding the interpreter, transliterator, or translator violates the law, subject to applicable privilege. In such a situation, the judge shall determine what action, if any, should be taken.

CANON 9: SCOPE OF PRACTICE
Interpreters, transliterators, and translators shall not give legal advice, conclusions with respect to any answer, express personal opinions to individuals for whom they are interpreting, or engage in any other activity which may be construed to constitute a service other than interpreting or translating while serving as an interpreter.

Considerations: Interpreters, transliterators, and translators are responsible only for enabling communications and may take a secondary role only as necessary for assuring accurate and faithful interpretation, transliteration, and translation. Interpreters, transliterators, and translators may assume a secondary role when they find it necessary to speak directly to the court to seek assistance in performing their duties, e.g., seeking direction when unable to understand or express a word or thought, requesting that speaker's moderate their rate of communication or repeat or rephrase something, identifying interpreting errors, requesting a recess, requesting copies of documents or requesting a recess to review the documents to be translated or notifying the court of their reservations about their ability to satisfy an assignment completely. In such instances, they should make clear that they are speaking for themselves.

CANON 10: RESTRICTIONS FROM PUBLIC COMMENT
Interpreters, transliterators, and translators shall not publicly discuss, report, or offer an opinion concerning a matter in which they are or have been engaged, even when that information is not privileged or required by law to be confidential.

Considerations: Interpreters, transliterators and translators shall refrain from making public comments or giving opinions or reports concerning any particulars of a case in which they are or have provided professional services, regardless whether the information is privileged or confidential. This restriction does not apply to public comments or reports concerning the field of interpretation.