Article 12
ARTICLE 12 INTERPRETERS
Section 380. Salary of interpreters appointed for supreme court by appellate division of the first department.
386. Appointment and compensation of court interpreters generally.
387. Temporary appointment of interpreters.
388. Polish and Italian interpreters for Erie county.
389. Appointment of additional interpreter for Westchester county.
390. Equal access to court proceedings for deaf or hard of hearing person.
391. Limited English proficient litigants' data.
§ 380. Salary of interpreters appointed for supreme court by appellate division of the first department. 1. The salary of each of the official interpreters for the supreme court in the first judicial district appointed by the justices of the appellate division shall be fixed by the justices of the appellate division of the supreme court, first department, or a majority of them, and the board of estimate of the city of New York shall provide for raising and paying the same.
§ 386. Appointment and compensation of court interpreters generally. The county judge and the district attorney of the county may appoint one interpreter, who shall act as and be the court interpreter for such county. Such interpreter shall hold office during the pleasure of the county judge and district attorney and they shall appoint his successor in office. Said interpreter shall receive a salary to be fixed by the board of supervisors of said county, which shall be a charge upon the county, to be paid monthly, in the same manner as other county officials are paid. Said interpreter so appointed shall, before entering upon his duties, file in the office of the county clerk, the constitutional oath of office. The provisions of this section, however, shall not apply to the counties of New York, Kings and Queens, nor to any other county in which the appointment or compensation of court interpreters therein is governed by a special or local act or by any special provision of a general act.
§ 387. Temporary appointment of interpreters. If the services of an interpreter be required in any court and there be no unemployed official interpreter to act therein, the court may appoint an interpreter to act temporarily in such court. Such interpreter shall before entering upon his duties file with the clerk of the court the constitutional oath of office. The court shall fix the compensation of such interpreter at not more than twenty-five dollars per day for each day's actual attendance by direction of the presiding judge or justice and such compensation shall be paid from the court fund of the county upon the order of the court.
§ 388. Polish and Italian interpreters for Erie county. The county clerk of the county of Erie shall appoint a Polish and an Italian interpreter to serve as such, under the direction of the presiding judge or justice, at the criminal terms of the county and supreme court, and before grand juries, in Erie county. Each of such interpreters shall be entitled to an annual salary to be fixed by the board of supervisors of Erie county and payable by the county of Erie, at the same time and in the same manner as the salaries of other county officers.
§ 389. Appointment of additional interpreter for Westchester county. In addition to the interpreter authorized to be appointed under section three hundred and eighty-six, the county judge and district attorney of the county of Westchester may appoint one additional interpreter for such county and all the provisions of such section applicable shall apply thereto.
§ 390. Equal access to court proceedings for deaf or hard of hearing person. 1. Whenever any deaf or hard of hearing person is a party to a legal proceeding of any nature, or a witness or juror or prospective juror therein, the court in all instances shall appoint a qualified interpreter who is certified by a recognized national or New York state credentialing authority as approved by the chief administrator of the courts to interpret the proceeding to, and the testimony of, such deaf or hard of hearing person; provided, however, where compliance with this section would cause unreasonable delay in court proceedings, the court shall be authorized to temporarily appoint an interpreter who is otherwise qualified to interpret the proceedings to, and the testimony of, such deaf or hard of hearing person until a certified interpreter is available. In any criminal action in a state-funded court, the court shall also appoint such an interpreter to interpret the proceedings to a deaf or hard of hearing person who is the victim of the crime or may appoint such interpreter for the deaf or hard of hearing members of the immediate family (parent or spouse) of a victim of the crime when specifically requested to do so by such victim or family member. The fee for all such interpreting services shall be a charge upon the state at rates of compensation established by rule of the chief administrator; except that where such interpreting services are rendered in a justice court, the fee therefor shall be paid as provided by law in effect on July first, nineteen hundred ninety-one.
2. (a) Notwithstanding the provisions of subdivision one of this section, a court may, upon request of a deaf or hard of hearing person or upon its own motion, and in lieu of appointing an interpreter as otherwise required in such subdivision one, provide an assistive listening device, a stenographer who can furnish communication access real-time translation or any other appropriate auxiliary aid or service.
(b) For purposes of this subdivision, the following terms shall have the following meanings:
(i) "Stenographer" means any individual who fulfills the requirements of section two hundred ninety-one of this chapter.
(ii) "Communication access real-time translation (CART)" means the instantaneous translation of everything that is spoken in the court room via a real-time feed, which by means of software converts shorthand transcription into real-time captioning immediately which can be displayed on a computer or monitor.
§ 391. Limited English proficient litigants' data. 1. For the purposes of this section, the following terms shall have the following meanings:
(a) "primary language" means the dominant language a litigant speaks in everyday situations, including but not limited to their home, work, school, and community environments;
(b) "limited English proficient (LEP) litigant" means a participant in a legal proceeding, whose limited ability to speak or understand the English language, has created a communications barrier to understanding his or her legal rights or impairs his or her ability to participate fully in court programs or services; and
(c) "language assistance services" means oral and written services needed to assist LEP litigants to communicate effectively with court personnel and to provide LEP litigants with meaningful access to, and an equal opportunity to participate fully in, court programs or services, so that LEP litigants are placed in the same position as similarly situated persons for whom there is no such barrier.
2. The office of court administration shall collect and maintain data on all limited English proficient litigants in all courts within this state; provided, however, that such data shall not be collected from those courts designated as town or village courts. At a minimum, the office of court administration shall collect and maintain data on the following:
(a) the number of limited English proficient litigants who are litigants in courts within this state, disaggregated by court and county, and the primary language of such litigants;
(b) the number of such limited English proficient litigants served, disaggregated by court and county, the type of language assistance services provided and the primary language of the litigant served; and
(c) the number of interpreter personnel employed by the courts, disaggregated by court and county and the language translated or interpreted by such personnel.
3. The office of court administration shall make the data required by this section publicly available on its website, provided, however, that such data shall not include identifying information and nothing in this section shall be construed to permit the office of court administration to use, disseminate, or publish any identifying information, including a litigant's name, date of birth, social security number, docket number, or other unique identifier.
Section 380. Salary of interpreters appointed for supreme court by appellate division of the first department.
386. Appointment and compensation of court interpreters generally.
387. Temporary appointment of interpreters.
388. Polish and Italian interpreters for Erie county.
389. Appointment of additional interpreter for Westchester county.
390. Equal access to court proceedings for deaf or hard of hearing person.
391. Limited English proficient litigants' data.
§ 380. Salary of interpreters appointed for supreme court by appellate division of the first department. 1. The salary of each of the official interpreters for the supreme court in the first judicial district appointed by the justices of the appellate division shall be fixed by the justices of the appellate division of the supreme court, first department, or a majority of them, and the board of estimate of the city of New York shall provide for raising and paying the same.
§ 386. Appointment and compensation of court interpreters generally. The county judge and the district attorney of the county may appoint one interpreter, who shall act as and be the court interpreter for such county. Such interpreter shall hold office during the pleasure of the county judge and district attorney and they shall appoint his successor in office. Said interpreter shall receive a salary to be fixed by the board of supervisors of said county, which shall be a charge upon the county, to be paid monthly, in the same manner as other county officials are paid. Said interpreter so appointed shall, before entering upon his duties, file in the office of the county clerk, the constitutional oath of office. The provisions of this section, however, shall not apply to the counties of New York, Kings and Queens, nor to any other county in which the appointment or compensation of court interpreters therein is governed by a special or local act or by any special provision of a general act.
§ 387. Temporary appointment of interpreters. If the services of an interpreter be required in any court and there be no unemployed official interpreter to act therein, the court may appoint an interpreter to act temporarily in such court. Such interpreter shall before entering upon his duties file with the clerk of the court the constitutional oath of office. The court shall fix the compensation of such interpreter at not more than twenty-five dollars per day for each day's actual attendance by direction of the presiding judge or justice and such compensation shall be paid from the court fund of the county upon the order of the court.
§ 388. Polish and Italian interpreters for Erie county. The county clerk of the county of Erie shall appoint a Polish and an Italian interpreter to serve as such, under the direction of the presiding judge or justice, at the criminal terms of the county and supreme court, and before grand juries, in Erie county. Each of such interpreters shall be entitled to an annual salary to be fixed by the board of supervisors of Erie county and payable by the county of Erie, at the same time and in the same manner as the salaries of other county officers.
§ 389. Appointment of additional interpreter for Westchester county. In addition to the interpreter authorized to be appointed under section three hundred and eighty-six, the county judge and district attorney of the county of Westchester may appoint one additional interpreter for such county and all the provisions of such section applicable shall apply thereto.
§ 390. Equal access to court proceedings for deaf or hard of hearing person. 1. Whenever any deaf or hard of hearing person is a party to a legal proceeding of any nature, or a witness or juror or prospective juror therein, the court in all instances shall appoint a qualified interpreter who is certified by a recognized national or New York state credentialing authority as approved by the chief administrator of the courts to interpret the proceeding to, and the testimony of, such deaf or hard of hearing person; provided, however, where compliance with this section would cause unreasonable delay in court proceedings, the court shall be authorized to temporarily appoint an interpreter who is otherwise qualified to interpret the proceedings to, and the testimony of, such deaf or hard of hearing person until a certified interpreter is available. In any criminal action in a state-funded court, the court shall also appoint such an interpreter to interpret the proceedings to a deaf or hard of hearing person who is the victim of the crime or may appoint such interpreter for the deaf or hard of hearing members of the immediate family (parent or spouse) of a victim of the crime when specifically requested to do so by such victim or family member. The fee for all such interpreting services shall be a charge upon the state at rates of compensation established by rule of the chief administrator; except that where such interpreting services are rendered in a justice court, the fee therefor shall be paid as provided by law in effect on July first, nineteen hundred ninety-one.
2. (a) Notwithstanding the provisions of subdivision one of this section, a court may, upon request of a deaf or hard of hearing person or upon its own motion, and in lieu of appointing an interpreter as otherwise required in such subdivision one, provide an assistive listening device, a stenographer who can furnish communication access real-time translation or any other appropriate auxiliary aid or service.
(b) For purposes of this subdivision, the following terms shall have the following meanings:
(i) "Stenographer" means any individual who fulfills the requirements of section two hundred ninety-one of this chapter.
(ii) "Communication access real-time translation (CART)" means the instantaneous translation of everything that is spoken in the court room via a real-time feed, which by means of software converts shorthand transcription into real-time captioning immediately which can be displayed on a computer or monitor.
§ 391. Limited English proficient litigants' data. 1. For the purposes of this section, the following terms shall have the following meanings:
(a) "primary language" means the dominant language a litigant speaks in everyday situations, including but not limited to their home, work, school, and community environments;
(b) "limited English proficient (LEP) litigant" means a participant in a legal proceeding, whose limited ability to speak or understand the English language, has created a communications barrier to understanding his or her legal rights or impairs his or her ability to participate fully in court programs or services; and
(c) "language assistance services" means oral and written services needed to assist LEP litigants to communicate effectively with court personnel and to provide LEP litigants with meaningful access to, and an equal opportunity to participate fully in, court programs or services, so that LEP litigants are placed in the same position as similarly situated persons for whom there is no such barrier.
2. The office of court administration shall collect and maintain data on all limited English proficient litigants in all courts within this state; provided, however, that such data shall not be collected from those courts designated as town or village courts. At a minimum, the office of court administration shall collect and maintain data on the following:
(a) the number of limited English proficient litigants who are litigants in courts within this state, disaggregated by court and county, and the primary language of such litigants;
(b) the number of such limited English proficient litigants served, disaggregated by court and county, the type of language assistance services provided and the primary language of the litigant served; and
(c) the number of interpreter personnel employed by the courts, disaggregated by court and county and the language translated or interpreted by such personnel.
3. The office of court administration shall make the data required by this section publicly available on its website, provided, however, that such data shall not include identifying information and nothing in this section shall be construed to permit the office of court administration to use, disseminate, or publish any identifying information, including a litigant's name, date of birth, social security number, docket number, or other unique identifier.
