Last substantive revision (Transmittal 05-006) October 10, 2017

Last revised (minor technical changes) April 15, 2021

Guide to Judiciary Policy

Vol. 5: Court Interpreting

Ch. 1: Overview

§ 110 Purpose

§ 120 Authority

§ 130 Applicability

§ 140 Definitions

§ 110 Purpose

This volume is designed to provide guidance on the use of interpreters for participants 

in judicial proceedings who speak only or primarily a language other than English, or 

who are hearing-impaired or have communications disabilities. It also provides 

references and links to policy applicable when interpreters are used in other instances.

§ 120 Authority

(a) These guidelines are promulgated by the Director of the Administrative 

Office of the U.S. Courts (AO) as authorized by the Court Interpreters Act 

(Act), as amended, 28 U.S.C. § 604(a)(14), (15), and (16), § 1827, and 

§ 1828.

(b) The guidelines also incorporate references to Judicial Conference policy 

and case law related to the use of court interpreters.

(c) Under 28 U.S.C. § 602(d), the Director may delegate any functions, 

powers, duties, and authority (except the authority to promulgate 

regulations) to other officers and employees of the judicial branch of 

government, subject to such terms and conditions as the Director may 

consider appropriate.

§ 130 Applicability

This volume applies to the federal courts as defined in 28 U.S.C. § 610. It does not 

apply to the Supreme Court of the United States.
Guide to Judiciary Policy, Vol. 5, Ch. 1 Page 2

§ 140 Definitions

Ad Hoc Interpreters See: Language Skilled Interpreters.

Auxiliary Aids and 

Services

Effective methods of making aurally delivered materials available 

to individuals with hearing impairments, including qualified 

interpreters and assistive listening devices or systems.

Certified Interpreters Interpreters who have successfully passed all the required 

components of the Federal Court Interpreter Certification 

Examination administered under the auspices of the AO. Also 

known as Federally Certified Court Interpreters (FCCIs). See: 

Guide, Vol. 5, § 320.10.

Conference Interpreters Interpreters who work in multilingual meetings and render 

messages from one language into another, naturally and fluently. 

Unlike court interpreters, conference interpreters adopt the 

speaker’s delivery, tone, and convictions and often make 

necessary adjustments to the speech.

Consecutive 

Interpretation

This mode is used to interpret testimony given by a limited English 

proficiency (LEP) individual on the witness stand, or other 

statements for the record involving questions and answers, as well 

as for situations when the LEP individual engages in dialogue, 

such as interviews. The interpreter verbally conveys the 

translation of the original message into the target language after 

the speaker has paused. 

Contract Interpreters Interpreters who are not court employees, but independent 

contractors engaged for specific periods of time to provide 

interpreting services.

Federal Court Interpreter 

Certification Examination 

(FCICE)

A criterion-referenced performance examination (28 U.S.C.

§ 1827(b)(1)) developed and administered under the supervision of 

the AO’s Court Services Office.

Federally Certified Court 

Interpreters (FCCIs)

See: Certified Interpreters.

Language of Limited 

Diffusion (LLD)

A language used by a group that is significantly smaller in number 

than the rest of the population. Also called a linguistic or language 

minority.

Languages Other Than 

Spanish (LOTS)

All non-English languages other than Spanish. Also known as 

“Other than Spanish” (OTS).

Language Skilled 

Interpreters

Interpreters who do not qualify as AO-certified or professionally 

qualified interpreters but who can demonstrate to the court’s 

satisfaction the ability to interpret judicial proceedings from English 

to a designated language and from that language into English. 

See: Guide, Vol. 5, § 320.20.30.
Guide to Judiciary Policy, Vol. 5, Ch. 1 Page 3

§ 140 Definitions

Limited English 

Proficiency (LEP) Person

An individual who speaks only or primarily a language other than 

English.

Otherwise Qualified 

Interpreters

Interpreters who are either “professionally qualified” or “language 

skilled/ad hoc.” See: Guide, Vol. 5, § 320.20. 

Participants Parties, attorneys, and witnesses of in-court or out-of-court judicial 

proceedings.

Professionally Qualified

Interpreters

Interpreters who meet specific AO standards described in 

§ 320.20.20 of this volume may be deemed “professionally 

qualified.” This rating cannot be applied to interpreters of Spanish, 

Navajo and Haitian Creole, for whom AO certification is or has 

been available. 

Relay Interpretation This occurs when no interpreter is available to interpret a language 

of limited diffusion (LLD) into English, but one can interpret the 

needed language into another language for which there is an 

available, qualified interpreter. The non-English speaking 

interpreter “relays” the interpretation into the common language 

and the second interpreter relays this into English and vice versa. 

(Examples: Mixtec to Spanish to English or Tactile Signing to 

American Sign Language (ASL) to English.)

Simultaneous 

Interpretation

The rendering of the full and accurate meaning of speech from one 

language into another while the speaker or signer is still talking.

Simultaneous 

Interpretation Equipment

Electronic equipment that allows the interpreter to interpret into a 

microphone and the interpreted speech to be sent in real time via a 

transmitter to a receiver (earphones) to one or more defendants. 

Sight Translation Conveying orally in one language the meaning of a text written in 

another language. It is a hybrid of translation and interpretation 

that requires the interpreter to first review the original written text, 

then render it orally into the other language.

Source Language The language from which an utterance in another language is 

translated or interpreted.

Staff Interpreters Interpreters who are employees of the court. See: Guide, Vol. 5, 

§ 310.10.

Target Language The language into which an utterance in another language is 

translated or interpreted.

Team Interpreting The use of two or more interpreters for trials or lengthy hearings. 

The interpreter who is not actively interpreting (known as the 

passive interpreter) researches terms, takes notes, monitors the 

interpretation being provided, and provides support to the active 

interpreter. Team interpreters alternate roles during the 

interpreted matter.
Guide to Judiciary Policy, Vol. 5, Ch. 1 Page 4

§ 140 Definitions

Telephone Interpreting 

Program (TIP)

Simultaneous and consecutive remote interpreting for short 

proceedings in situations where on-site court interpreters are not 

available or cost-effective.

Transcription The production of a written text that reflects an oral message as it 

is spoken. Both the original spoken message and the transcribed

text are in the same language.

Transcription and 

Translation of Recordings

The reproduction in writing of the original spoken words recorded 

on tape or other media in a source language, and their subsequent 

translation into the target language as part of a transcript.

Translation The transference in writing of a document’s meaning from a source 

language into the target language.
Last revised (Transmittal 05-008) May 17, 2021

Guide to Judiciary Policy

Vol. 5: Court Interpreting

Ch. 2: Appointment and Payment Authorities

§ 210 Criminal and Civil Actions Instituted by the United States

§ 210.10 Appointment of Interpreters in Judicial Proceedings Instituted by the 

United States

§ 210.20 Waivers of Appointment

§ 210.30 Funds Available for Payment of Interpreters

§ 215 Government Witnesses

§ 220 Criminal Justice Act (CJA)

§ 220.10 Payment for Interpreters Appointed under the CJA

§ 220.20 Services for Short Attorney-Client Interviews

§ 220.30 Payment of Interpreter Expenditures for CJA Representation

§ 225 Retained Counsel

§ 225.20 Payment of Interpreters Obtained by Retained Counsel

§ 230 Habeas Corpus Petitions

§ 235 Probation and Pretrial Services Matters

§ 235.20 Payment for Interpreter Services for Probation and Pretrial Treatment 

Services

§ 240 Bankruptcy Proceedings

§ 240.10 Bankruptcy Appeals and Bankruptcy Cases

§ 240.20 Section 341 Meetings of Creditors

§ 245 Court-Sponsored Alternative Dispute Resolution Programs

§ 250 Special Master Proceedings

§ 250.20 Special Masters Appointed in Prison Condition Cases

§ 255 Services to the Hearing Impaired and Others with Communication Disabilities

§ 255.20 CART Services

§ 255.30 Provision for and Payment of Juror Services

§ 255.40 Local Procedures

§ 255.50 Reporting

§ 255.60 Funding

§ 260 Civil Proceedings Not Initiated by the Government

§ 265 Cost Reimbursement
Guide to Judiciary Policy, Vol. 5, Ch. 2 Page 2

§ 210 Criminal and Civil Actions Instituted by the United States

§ 210.10 Appointment of Interpreters in Judicial Proceedings Instituted by 

the United States

(a) A judge must appoint interpreters in judicial proceedings instituted by the 

United States, if the judge determines that a party or a witness speaks 

only or primarily a language other than English or has a hearing 

impairment (whether or not suffering also from a speech impairment), so 

as to inhibit that person’s comprehension or communication in the 

proceeding.

(1) This may include the assignment of an interpreter to facilitate 

communication between counsel and the party, even if it results in 

multiple in-court interpreters. See: § 215(a) and § 220.

(2) The term “judicial proceedings instituted by the United States” as 

used in this volume refers to all proceedings, whether criminal or 

civil, including pretrial and grand jury proceedings (as well as 

proceedings upon a petition for a writ of habeas corpus initiated in 

the name of the United States by a relator) conducted in, or under 

the lawful authority and jurisdiction of, a U.S. district court. See: 

28 U.S.C. § 1827(j) and § 230.

(b) A judge may also appoint interpreters for defense witnesses in judicial 

proceedings instituted by the United States. See: 28 U.S.C. § 1827(d)(1)

and (c)(2).

Note: For bankruptcy judicial proceedings, see: § 240.

§ 210.20 Waivers of Appointment

Any individual who is entitled to interpretation under 28 U.S.C. § 1827(d), other than a 

witness, may waive such interpretation in whole or in part. 28 U.S.C. 1827(f)(1). The

waiver is only effective if:

(a) it is approved by the presiding judge; and

(b) the individual makes the waiver expressly on the record after being given:

(1) an opportunity to consult with counsel; and

(2) an explanation by the presiding judge of the nature and effect of the 

waiver, using the services of either:
Guide to Judiciary Policy, Vol. 5, Ch. 2 Page 3

• the most available certified interpreter; or

• an otherwise competent interpreter when no certified interpreter 

is reasonably available, as determined by the presiding judge.

§ 210.30 Funds Available for Payment of Interpreters

The general authorization account is used for the payment of interpreters appointed by 

a judge as described above in § 210.10. For further guidance on using the general 

authorization account, see: Guide, Vol. 5, § 410.

§ 215 Government Witnesses

(a) If a government witness speaks only or primarily a language other than 

English and requires an interpreter, the U.S. attorney is responsible for 

securing and paying for such services (28 U.S.C. § 1827(c)(2)). See: 

Guide, Vol. 5, § 330.10(a).

(1) There is no statutory requirement that the same interpreter serve all 

persons who require interpreter services in a case.

(2) The decision of whether an interpreter is needed is left to the 

discretion of the presiding judge (28 U.S.C. 1827 (d)(1)).

(b) DOJ Reimbursement of Court-Provided Interpreters

(1) If the U.S. attorney utilizes a court-provided contract interpreter, the 

court may (28 U.S.C. § 1827(g)(3)) bill the portion of services for 

government witnesses to the Department of Justice (DOJ) if the 

costs are sufficient to offset the administrative cost of processing 

the bill.

(2) Similarly, if a staff interpreter is utilized for a government witness, 

the court may bill for reimbursement of salary at the hourly rate that 

is equal to the interpreter’s salary plus benefits (e.g., government 

contribution to retirement, overhead).

(3) Reimbursed funds must be deposited into the appropriation 

originally charged (28 U.S.C. § 1827(g)(3)). For reimbursement 

procedures, contact the Finance and Accounting Division of the 

Finance and Procurement Office of the Administrative Office of the 

U.S. Courts (AO).
Guide to Judiciary Policy, Vol. 5, Ch. 2 Page 4

§ 220 Criminal Justice Act (CJA)

§ 220.10 Payment for Interpreters Appointed under the CJA

(a) Interpreters whose services are obtained by defense counsel appointed 

under the CJA, 18 U.S.C. § 3006A, to facilitate counsel’s out-of-court 

communications with the defendant or with witnesses are generally paid 

under that statute. These services are not provided under 28 U.S.C.

§ 1827, but rather under the CJA as necessary defense services.

(b) The interpreter fee schedule for contract court interpreters does not apply 

to interpreting services obtained under the CJA. While the Director’s fee 

schedule established under the Court Interpreters Act is not binding on 

services provided under the CJA, it should serve as a “guidepost” for 

determining the reasonableness of rates, including hourly rates, for 

interpreting services under the CJA. See: Guide, Vol. 7A, § 320.15.10

and § 320.15.20.

§ 220.20 Services for Short Attorney-Client Interviews

(a) Interpreter services by a contract or staff interpreter may be provided at no 

expense to the Defender Services appropriation for short CJA attorneyclient consultation for federal public defenders, community defenders, or 

CJA panel attorneys:

(1) if interpreting occurs in the courthouse immediately before and/or 

after a proceeding (as covered by 28 U.S.C. § 1827), and

(2) only if the matter is incidental to a judicial proceeding that was 

already scheduled to take place.

(b) Such interpreting arrangements should be authorized in advance by a 

judge, the clerk of court, or their designee.

§ 220.30 Payment of Interpreter Expenditures for CJA Representation

The expenditures related to interpreters for CJA representation are paid from the 

Defender Services appropriation. See: Guide, Vol. 7, § 320.15.

§ 220.30.10 Determination and Approval of Claims and Rates

Rates may be negotiated between the interpreter and the federal defender or CJA panel 

attorney. When interpreters are authorized under the CJA or related statutes to render 

services to CJA panel attorneys, interpreters must complete the applicable CJA 21 or 

31 voucher form and return it to counsel for certification that the services itemized were 
Guide to Judiciary Policy, Vol. 5, Ch. 2 Page 5

rendered. The court will review the voucher for reasonableness. See: Guide, Vol. 7A, 

§ 320.15.20.

§ 220.30.20 Contract Court Interpreters

Contract court interpreters may not bill or receive funds from any other federal court 

unit, federal public defender, community defender organization, or other attorneys or 

entities obtaining interpreting services under the CJA or the related statutes for any 

services rendered during the same half- or full-day for which the contract court 

interpreter is being compensated according to the standard interpreter contract. See: 

Contract Court Interpreter Services Terms and Conditions.

§ 225 Retained Counsel

In any civil or criminal proceeding, retained counsel may hire interpreters to facilitate 

communication with a client or witness who speaks only or primarily a language other 

than English. See: § 210.10.

§ 225.10 [Reserved]

§ 225.20 Payment of Interpreters Obtained by Retained Counsel

The cost of interpreters used to facilitate communication between a client or witness 

and retained counsel in preparation for and following judicial proceedings are paid by 

the party, and the rates may be negotiated between the interpreter and the party, except 

as provided above in § 220.20. For guidance on payment of court interpreters for incourt judicial proceedings, see: §§ 210, 215, and 260.

§ 230 Habeas Corpus Petitions

Habeas corpus petitions filed under 28 U.S.C. §§ 2241 or 2254 and § 2255 motions are 

considered “judicial proceedings instituted by the United States” as defined by 

28 U.S.C. § 1827(j). A judge must appoint an interpreter for such in-court judicial 

proceedings when:

(a) the petitioner speaks only or primarily a language other than English or 

suffers from a hearing impairment; and

(b) this fact inhibits:

(1) the petitioner’s comprehension of the proceedings;

(2) communication with counsel or the presiding judge; or
Guide to Judiciary Policy, Vol. 5, Ch. 2 Page 6

(3) a witness’ comprehension of questions or the presentation of 

testimony.

§ 235 Probation and Pretrial Services Matters

When probation and pretrial services officers require interpreter services to conduct 

presentence interviews to prepare presentence and pretrial services reports, such 

interviews of an individual or third party, while not addressed by statute, are considered 

within the scope of the court interpreting program in the federal courts because they are 

integral parts of the judicial process. These services are paid from the general 

authorization, as noted in Guide, Vol. 5, § 410.

§ 235.10 [Reserved]

§ 235.20 Payment for Interpreter Services for Probation and Pretrial 

Treatment Services

The general authorization for contract court interpreters must not be used to pay for 

interpreter services provided to assist probation or pretrial services officers when 

treatment programs or medical services are administered to offenders. Interpreter 

services used in these instances should be paid from the same funds used to provide 

treatment and medical services (e.g., drug or anger management counseling).

§ 240 Bankruptcy Proceedings

§ 240.10 Bankruptcy Appeals and Bankruptcy Cases

(a) In a bankruptcy case, the parties are responsible for providing interpreter 

services for judicial proceedings as well as communications between 

counsel and the parties, except in very limited instances when:

(1) the bankruptcy proceedings are instituted by the United States, or

(2) a party has a hearing impairment (whether or not also suffering 

from a speech impairment).

(b) If the proceedings are instituted by the United States, the procedures 

outlined in § should be followed, and payment may be made from the 

general authorization (see: Guide, Vol. 5, § 410). Matters instituted by 

the United States are adversary proceedings initiated by agencies such as

the:

• U.S. Trustee (UST);

• Internal Revenue Services (IRS);

• Securities and Exchange Commission (SEC); and
Guide to Judiciary Policy, Vol. 5, Ch. 2 Page 7

• Federal Deposit Insurance Corporation (FDIC).

§ 240.20 Section 341 Meetings of Creditors

(a) In most bankruptcy courts, Section 341 meetings (meeting of creditors) 

are not considered to be instituted by the United States, and interpreter 

services, including the selection of an interpreter and the payment for the 

services, are the responsibility of the parties. For guidance on 

reimbursement of judiciary interpreters for such services, see: § 265.

(b) However, in the six courts with bankruptcy administrators, such meetings 

are considered to be instituted by the United States and interpreter 

services required by a party in interest or a witness at a Section 341 

meeting are, therefore, paid from the general authorization. See: Guide, 

Vol. 5, § 410.

§ 245 Court-Sponsored Alternative Dispute Resolution Programs

In the case of court-sponsored alternative dispute resolution programs, interpreter 

services must be provided for hearing impaired individuals as noted below in §, but not 

for parties who speak languages other than English unless the United States instituted 

the proceeding. See: §§ 240.10(b) and 240.20(b).

§ 250 Special Master Proceedings

Proceedings before a special master are not judicial proceedings, unless a U.S. 

magistrate judge is acting as the special master. The clerk may assist a special master 

in locating an interpreter, but the cost of the interpreter is ordinarily a reimbursable 

expense of the special master as directed by the court appointing the special master. 

See: Fed. R. Civ. P. 53. For exception information, see: §.

§ 250.10 [Reserved]

§ 250.20 Special Masters Appointed in Prison Condition Cases

(a) The only exception to the general policy provided in § 250 is for special 

masters appointed in prison condition cases where compensation for the 

reasonable costs of experts, including interpreters, must be paid with 

funds appropriated to the judiciary (18 U.S.C. § 3626(f)(4)).

(b) Charges for interpreter services provided to special masters in prison 

condition cases should be made to the fiscal year when the obligation was 

incurred (fund 092000, budget organization DXXPLRX, Cost Organization 

Code ending with X, and BOC 2529).
Guide to Judiciary Policy, Vol. 5, Ch. 2 Page 8

§ 255 Services to the Hearing Impaired and Others with 

Communication Disabilities

(a) Under Judicial Conference policy, a court must provide sign language 

interpreters or other auxiliary aids and services to participants in federal 

judicial proceedings who are deaf, hearing impaired, or have 

communication disabilities, and may provide these services to spectators 

when the court deems appropriate (JCUS-SEP 1995, p. 75). This policy 

provides for services in addition to those required by the Court Interpreters 

Act (28 U.S.C. § 1827).

(b) The court should honor a participant’s choice of auxiliary aid or service, 

unless it can show that:

(1) another equally effective means of communication is available, or

(2) use of the means chosen would result in:

• a fundamental change in the nature of the judicial proceeding,

or

• an undue financial or administrative burden.

§ 255.10 [Reserved]

§ 255.20 CART Services

(a) When deemed appropriate by a court, computer-assisted real-time 

translation (CART) is one of the services that may be provided consistent 

with Judicial Conference policy, but solely to advance the limited purposes 

of assisting a person with a hearing impairment or a communication

disability. 

(1) Real-time reporting should be provided only for as long as 

necessary and for those specific purposes required by a participant. 

(2) An example would be to provide real-time reporting only for the 

duration of a deaf witness’ testimony.

(b) Real-time reporting provided under these guidelines is to be used to assist 

in communication and is not to be used instead of conventional means of 

producing the official record.

(c) Real-time services provided under these guidelines:

(1) is limited to a video display of spoken words, and
Guide to Judiciary Policy, Vol. 5, Ch. 2 Page 9

(2) may not include enhancements such as:

• keyword searching, or

• the provision of unedited daily transcripts.

(d) The need to provide appropriate sign language interpreters and other 

auxiliary aids and services is not an authorization to purchase and install 

real-time court reporting equipment in the courtroom. Such purchase is 

governed by Judicial Conference policy on court reporting. See: Guide, 

Vol. 6, § 320.

§ 255.30 Provision for and Payment of Juror Services

(a) When an individual is found to be legally qualified to serve as a juror, but 

has a hearing impairment or a communication disability, payment for 

services necessary to address the communication disability should be 

made from the jury-fee appropriation.

(b) Services provided under these guidelines include a sign language 

interpreter or other appropriate auxiliary aids. See: § 255.

(c) Under the Jury Selection and Service Act, 28 U.S.C. §§ 1861–1878, it is 

the trial court that determines whether a prospective juror with a hearing 

impairment or a communication disability is legally qualified to serve as a 

juror, and this determination is not governed or affected by these 

guidelines.

§ 255.40 Local Procedures

(a) Each court is required to identify a specific office or individual(s) to serve 

as access coordinator from whom participants in judicial proceedings may 

request auxiliary aids or services. See: § 255(a).

(1) The access coordinator must:

(A) be familiar with the judiciary’s policy of providing reasonable 

accommodations to persons with a hearing impairment or a 

communication disability to ensure that the policy is properly 

implemented; and

(B) have a ready working knowledge of the types of auxiliary 

aids and services available to serve the needs of disabled 

persons and of the local sources from which auxiliary aids 

and services may be procured.
Guide to Judiciary Policy, Vol. 5, Ch. 2 Page 10

(2) Personnel in each court are to be instructed as to the judiciary’s 

policy and the identity and location of the access coordinators in 

their particular court.

(3) Each court will appropriately publicize the identity and location of its 

access coordinator through, for instance:

• courthouse signs,

• bulletin board announcements,

• pamphlets, and

• announcements in the local press.

(b) Courts may, but are not required to, establish specific procedures through 

which requests for auxiliary aid services are to be submitted, such as 

requiring that they be submitted to the access coordinator in writing or that 

they be submitted in advance of the judicial proceeding involved. The 

court should permit reasonable exceptions.

(1) Courts may also establish procedures through which persons 

dissatisfied with the court’s proposed provision of auxiliary aids and 

services may seek review or reconsideration.

(2) Any such procedures must be appropriately publicized.

Note: These guidelines are not intended to extend or modify existing law.

§ 255.50 Reporting

In all situations in which services are provided under this section, regardless of whether 

any costs are incurred, courts are to file reports with the AO on forms provided for this 

purpose. See: Guide, Vol. 5, § 370.20.

§ 255.60 Funding

Except as noted in § 215 and § 255.30, payment for sign language interpreters or other 

auxiliary aids must be made from the general authorization. See: Guide, Vol. 5, § 410.

§ 260 Civil Proceedings Not Initiated by the Government

Interpreter services needed to assist parties in civil proceedings not instituted by the 

United States, both in-court and out-of-court, are the responsibility of the parties to the 

action, except as noted above in § 210 through § 255.
Guide to Judiciary Policy, Vol. 5, Ch. 2 Page 11

§ 265 Cost Reimbursement

(a) In any proceeding not instituted by the United States, the presiding judge 

or the clerk or designee may make the services of an interpreter “available 

to that person on a cost-reimbursable basis, but the presiding judge may 

also require the prepayment of the estimated expenses of providing such 

services” (28 U.S.C. § 1827(g)(4)).

(b) Because of the administrative burden placed on the judiciary in having to 

subsequently track and collect the reimbursed costs of these services, 

interpreter services should be provided on a cost-reimbursable basis only 

in limited circumstances when no other options are available.
Last revised (Transmittal 05-008) May 17, 2021 

Guide to Judiciary Policy

Vol. 5: Court Interpreting 

Ch. 3: Court Management and Responsibility 

§ 310 Types of Interpreters

§ 310.10 Staff Court Interpreters

§ 310.20 Contract Court Interpreters

§ 320 Qualifications of Interpreters

§ 320.10 Certified Interpreters

§ 320.20 Otherwise Qualified Interpreters

§ 330 Locating Interpreters

§ 330.10 Responsibility

§ 330.20 Sources of Interpreters

§ 330.30 Selection of Interpreters

§ 340 Orientation of Interpreters

§ 340.10 General Orientation

§ 340.20 Prior Contact with Case or Any Party or Witness in the Case

§ 350 Administration of Oaths

§ 360 Supervising Staff Court Interpreters and Managing Contract Court Interpreter 

Resources

§ 360.10 Staff Court Interpreters

§ 360.20 Contract Court Interpreters

§ 360.30 Effective Use of Interpreters

§ 360.40 Background Check Requirements

§ 370 Statistical Usage Reporting

§ 370.10 Interpreter Usage Statistical Reporting

§ 370.20 Reporting Usage for Hearing Impairment or Communication Disabilities

§ 310 Types of Interpreters 

There are two types of court interpreters: 

 staff; and 

 contract. 
Guide to Judiciary Policy, Vol. 5, Ch. 3 Page 2 

§ 310.10 Staff Court Interpreters 

All staff court interpreters must have passed the Federal Court Interpreter Certification 

Examination (FCICE) to be certified as Federally Certified Court Interpreters (FCCIs). 

§ 310.10.20 Authorization for Staff Court Interpreter Positions 

(a) New staff court interpreter positions are authorized by the Judicial 

Conference of the United States, upon recommendation of its Committee 

on Judicial Resources. 

(b) The appointment authority for staff court interpreters comes from 

28 U.S.C. § 751, which establishes a clerk for each district court and 

authorizes clerks to appoint employees with the approval of the court. 

(c) The court may not use a government employee (as defined in 5 U.S.C. 

§ 2105), other than a staff court interpreter, to serve as a court interpreter. 

See: § 360.10.30(b). 

§ 310.20 Contract Court Interpreters 

Contract court interpreters may be certified or Otherwise Qualified interpreters. 

§ 310.20.20 Authorization to Hire Contract Court Interpreters 

Authority to hire contractors to perform interpreting duties is derived from 28 U.S.C. 

§ 1827(c)(2), which states: 

“The clerk of the court, or other court employee designated by the chief 

judge, shall be responsible for securing the services of certified 

interpreters and Otherwise Qualified interpreters required for proceedings 

initiated by the United States, except that the United States attorney is 

responsible for securing the services of such interpreters for governmental 

witnesses.” 

§ 310.20.30 Fee Schedule for Contract Court Interpreters 

The Court Interpreters Act, 28 U.S.C. § 1827(b)(3), requires the Director of the 

Administrative Office of the U.S. Courts (AO) to prescribe and periodically update a 

schedule of reasonable fees for services rendered by interpreters, both certified and 

Otherwise Qualified, who provide services in proceedings instituted by the United 

States. For the current fee schedule, see: Fee Schedule for Contract Court 

Interpreters page in JNet’s Contract Court Interpreters area. 
Guide to Judiciary Policy, Vol. 5, Ch. 3 Page 3 

§ 320 Qualifications of Interpreters 

§ 320.10 Certified Interpreters 

(a) A certified interpreter has successfully passed the Federal Court 

Interpreter Certification Examination (FCICE). 

(b) Certification testing programs have been developed and administered for 

Spanish, Navajo, and Haitian Creole. 

(c) For information on the certification program, see: Federal Court 

Interpreters page on the judiciary’s public website. 

§ 320.20 Otherwise Qualified Interpreters 

For languages for which the AO has not developed a certification program, an 

interpreter is considered “Otherwise Qualified,” and is classified as either professionally 

qualified or language skilled/ad hoc depending on the interpreter’s credentials. 

§ 320.20.20 Professionally Qualified Interpreters 

The category of professionally qualified interpreters applies to all languages, except 

those for which the AO has certified interpreters (Spanish, Navajo, and Haitian Creole). 

Credentials for professionally qualified interpreters require sufficient documentation and 

authentication, and must meet the criteria in one of the following: 

(a) Passed the U.S. Department of State conference or seminar interpreter 

test in a language pair that includes English and the target language. The 

U.S. Department of State’s escort interpreter test is not accepted as 

qualifying. 

(b) Passed the interpreter test of the United Nations in a language pair that 

includes English and the target language. 

(c) Is a current member qualified in English and the target language in good 

standing of: 

(1) the Association Internationale des Interprètes de Conférence 

(AIIC); or 

(2) The American Association of Language Specialists (TAALS). 

(d) For sign language interpreters, someone who holds the Specialist 

Certificate: Legal (SC:L) of the Registry of Interpreters for the Deaf (RID). 
Guide to Judiciary Policy, Vol. 5, Ch. 3 Page 4 

§ 320.20.30 Language Skilled or Ad Hoc Interpreters 

(a) An interpreter who does not qualify as a certified or professionally qualified 

interpreter, but who can demonstrate to the court’s satisfaction the ability 

to interpret court proceedings from English to a designated language and 

from that language into English, will be classified as a language skilled/ad 

hoc interpreter. 

(b) This group includes all individuals not certified or professionally qualified, 

who, through a precisely structured voir dire process, can be deemed 

competent to handle simultaneous and/or consecutive interpretation 

and/or sight translation with sufficient language proficiency in both English 

and the target language. 

(c) In some instances, the presiding judge may need to take extra time and 

make special accommodations to ensure that the proceedings can be 

conveyed through the language skilled/ad hoc interpreter. 

(1) For example, in some languages of limited diffusion, it may be 

difficult or impossible to find interpreters with the skills to interpret a 

court proceeding simultaneously. 

(2) In addition, some interpreters may profess to have simultaneous 

skills that prove inadequate for a court proceeding. 

(A) When this occurs, the presiding judge may need to instruct the 

parties to speak slowly in order to allow the interpreter time to 

interpret consecutively. 

(B) The presiding judge and parties may also need to simplify the 

language they use, or explain the meaning of some legal terms, so 

that the interpreter may understand what the parties are saying and 

transmit it to the non-English speaker. 

§ 330 Locating Interpreters 

§ 330.10 Responsibility 

(a) The clerk or the clerk’s designee is responsible for locating certified or 

Otherwise Qualified interpreters for court proceedings instituted by the 

United States. See: Guide, Vol. 5, § 210.10. 

(b) U.S. attorney’s offices are responsible for locating, contracting, and paying 

interpreters for government witnesses or reimbursing the judiciary for the 

use of its interpreters. See: Guide, Vol. 5, § 215 and 

28 U.S.C.§ 1827(g)(3). 
Guide to Judiciary Policy, Vol. 5, Ch. 3 Page 5 

(c) Where the appointment of an interpreter is not provided for by statute or 

judiciary policy, the judiciary cannot pay for the interpreter. However, the 

clerk may assist the parties in locating an available interpreter. See: 

§ 330.20.30. 

§ 330.20 Sources of Interpreters 

§ 330.20.10 National Court Interpreter Database (NCID) 

(a) By statute, the Director is required to maintain a current master list of: 

(1) all interpreters who have been certified by the Director of the AO 

and are thus qualified as Federally Certified Court Interpreters 

(FCCIs), and 

(2) all Otherwise Qualified interpreters (28 U.S.C. § 1827(b)(3)). 

Note: This master list — the National Court Interpreter Database (NCID) 

— is in InfoWeb. Searches can be performed by language, qualification 

level, and state. 

(b) AO staff maintains current contact information for FCCIs. Courts with 

updates to information on FCCIs should email the information to the AO’s 

Court Services Office at NCID_help@ao.uscourts.gov. 

(c) A background check must be performed for all contract court interpreters. 

See: § 360.40. For information on using the NCID for requesting a 

background check and on reviewing the background check report on a 

contract court interpreter, see: JNet’s Contract Court Interpreters page. 

(1) The clerk may add a Professionally Qualified or a Language 

Skilled/ad hoc interpreter to the NCID for purposes of requesting a 

background check. 

[. . .] 

§ 330.20.20 Local Rosters (Lists) of Interpreters 

(a) Each court will maintain a local roster of the names and contact 

information of Otherwise Qualified interpreters if the court was satisfied 

with the interpreter’s performance and is willing to refer them for use in 

other courts. The names, addresses, and phone numbers of 

professionally qualified and language skilled/ad hoc interpreters should be 

submitted to the AO for review and entry into the NCID. 

(b) The roster should include as much information as possible about the 

qualifications of the interpreters. 
Guide to Judiciary Policy, Vol. 5, Ch. 3 Page 6 

(c) The court may require interpreters who ask to be included on the court’s 

local roster to: 

(1) submit documentation evidencing their stated credentials; and 

(2) consent to background checks according to Judicial Conference 

requirements (see: § 360.40). 

§ 330.20.30 Availability of NCID Information, Public Release Roster, and Local Rosters 

(a) National Roster 

(1) The Court Interpreters Act, 28 U.S.C. § 1827(c)(1), requires each 

United States district court to make the list of Federally Certified 

Interpreters available upon request for judicial proceedings, as well 

as to the United States attorney as needed. 

(2) To facilitate this information’s release, and to safeguard the 

personal information of individuals in the database, a Public 

Release Roster of Federally Certified Court Interpreters is 

available through InfoWeb via the National Court Interpreter 

Database (NCID). 

(b) Local Roster 

(1) An individual who desires the assistance of an interpreter but is not 

entitled to the appointment of an interpreter under the Act may 

examine the roster of local interpreters during ordinary business 

hours. Courts may also publish their local roster online. The roster 

may also be used by attorneys and others involved in the court 

system. 28 U.S.C. § 1827(c)(1). 

(2) For this reason, the court must maintain current business contact 

information for the interpreters (e.g., telephone numbers and email 

addresses), but may not disclose personal identifiers (e.g., social 

security numbers). 

(c) Clerks’ offices may also distribute their local roster of interpreters or 

listings of interpreters from the NCID to other federal or state agencies for 

reciprocal assistance in locating interpreter resources. 

(d) Listings for Otherwise Qualified interpreters provided to the parties or 

attorneys should contain a statement that the interpreters have not been 

tested or certified to interpret the language in question in the courts and 

that neither the AO nor the clerk’s office can attest to the level of 

interpreting skills of the listed interpreters. 
Guide to Judiciary Policy, Vol. 5, Ch. 3 Page 7 

§ 330.20.40 Additional Resources 

For additional information, including a list of professional associations, the Registry of 

Interpreters for the Deaf (RID), and government agencies to contact for help in locating 

interpreters, see: JNet’s Court Interpreting page. 

§ 330.30 Selection of Interpreters 

(a) The AO’s Office of the General Counsel advised in December 1993, and 

reaffirmed in March 2015, the following: 

Legislative history makes it clear that the Congressional 

intent behind the requirement to use certified interpreters is 

to improve the quality of interpretation services in the 

Federal courts. Thus, to prohibit the use of certified 

interpreters for certain proceedings or when funding is tight 

appears to be inconsistent with that statute. Therefore, 

courts should use non-certified interpreters only when a 

certified interpreter cannot be found for a given proceeding, 

not as a money saving measure. 

(b) Courts may also contact the AO’s Court Services Office, or other federal 

courts, for assistance in locating interpreters. The preferred order in which 

interpreters should be considered is indicated below: 

(1) Staff court interpreter, since all are certified. 

(2) Certified contract court interpreter from a court’s local roster or from 

the NCID if there is sufficient time for travel. 

(3) Certified interpreter through the Telephone Interpreting Program 

(TIP) if the proceeding is less than one hour and not too complex 

and the courtroom is equipped for TIP. See: Guide, Vol. 5, § 540. 

(4) Professionally qualified interpreter from a court’s local roster or 

from the NCID if there is sufficient time for travel. 

(5) Professionally qualified interpreter through the TIP if the proceeding 

is less than one hour and not too complex and the courtroom is 

equipped for TIP. See: Guide, Vol. 5, § 540. 

(6) Language skilled/ad hoc interpreter from a court’s local roster or 

from the NCID if there is sufficient time for travel. 

(7) Language skilled interpreter through the TIP if the proceeding is 

less than one hour and not too complex and the courtroom is 

equipped for TIP. See: Guide, Vol. 5, § 540. 
Guide to Judiciary Policy, Vol. 5, Ch. 3 Page 8 

(8) Interpreter from interpreter organizations and other sources, such 

as interpreting agencies. For further information on working with 

interpreter agencies, see: Guide, Vol. 5, § 420.40. 

(c) The presiding judge may voir dire the interpreter as to the interpreter’s 

qualifications to ensure that the individual has the requisite skills and 

abilities to interpret for the required proceedings. When selecting 

Otherwise Qualified interpreters, each court should ensure that 

professionally qualified interpreters meet the qualification requirements as 

stated in § 320.20.30.

§ 340 Orientation of Interpreters 

§ 340.10 General Orientation 

(a) An orientation program for staff or contract court interpreters with little or 

no experience serving in a federal court can improve the service they 

provide to the courts. New interpreters may be given the opportunity to 

view orientation material available on the Court Interpreter Training page 

in JNet’s Court Interpreting area. 

(b) Ethics 

(1) The ethics and protocol required of federal court interpreters are 

included in the Standards for Professional Responsibility, included 

in the contract form, available in JNet’s Court Interpreter Services 

area. This document should be reviewed with new or infrequently 

used contract court interpreters to ensure that they are aware of its 

requirements. 

(2) Staff court interpreters (e.g., judicial branch employees) are 

required to observe the Code of Conduct for Judicial Employees 

(Guide, Vol. 2A, Ch. 3). 

§ 340.20 Prior Contact with Case or Any Party or Witness in the Case 

The court may require an interpreter to disclose to the court and to the parties any prior 

involvement with the case or with any party or witness involved in the case. See: 

Standards for Professional Responsibility. 

§ 350 Administration of Oaths 

(a) Under Fed. R. Evid. 604, the presiding judge should ensure that each 

interpreter take an oath to discharge properly the interpreter function, 
Guide to Judiciary Policy, Vol. 5, Ch. 3 Page 9 

including accurately interpreting for the speakers in the proceeding and 

properly preparing for the assignment. 

Note: In some courts, the duty of administering an oath to the interpreter 

is delegated to the clerk. In taking the oath, the interpreter becomes an 

officer of the court with the specific duty and responsibility of interpreting 

between English and the target language. 

§ 350(b) Sample Oaths

Version 1 Version 2

Do you solemnly swear that you will well and 

truly act as an interpreter in this matter now 

before the court, so help you God? 

Or alternatively: 

Do you solemnly affirm that you will well and 

truly act as an interpreter in this matter now 

before the court?

Do you solemnly swear that you will interpret 

faithfully and accurately in this matter now 

before the court, so help you God? 

Or alternatively: 

Do you solemnly affirm that you will interpret 

faithfully and accurately in this matter now 

before the court?

(c) The oath of an interpreter appearing via the Telephone Interpreting 

Program (TIP) should be administered in the same manner as the oath of 

an in-person interpreter. 

(d) Policies with regard to the oath of interpreters vary from district to district 

and from judge to judge. 

(1) In some courts, contract court interpreters are sworn in each day. 

(2) In others, administering the oath at the beginning of a proceeding is 

sufficient for the entire case, regardless of duration. 

(3) Some courts administer the oath to staff and contract court 

interpreters at the beginning of their service or contract. 

(4) Courts may also have the interpreter sign an oath to keep on file. 

(e) The name of the interpreter serving during any court proceeding will be 

noted in the record of the case. 

(f) All staff court interpreters are deputy clerks appointed under 28 U.S.C. 

§ 751. As deputy clerks, staff court interpreters may administer oaths and 

affirmations under 28 U.S.C. § 953, which confers oath-administering 

authority on all deputy clerks. 
Guide to Judiciary Policy, Vol. 5, Ch. 3 Page 10 

§ 360 Supervising Staff Court Interpreters and Managing Contract 

Court Interpreter Resources 

§ 360.10 Staff Court Interpreters 

§ 360.10.10 Supervision 

Staff court interpreters are under the supervision of the clerk of court. 

§ 360.10.20 Additional Duties 

The clerk may find it desirable to add duties to the job description of the staff court 

interpreter, consistent with good human resources practices. 

(a) When a staff court interpreter has no case preparation or in-court work to 

perform, the clerk may assign other duties that take advantage of the 

interpreter’s language/interpreting skills, such as telephone and over-thecounter assistance to non-English speakers. 

(b) At the discretion of the clerk, staff court interpreters may also be assigned 

to assist other courts through the TIP, if the court has the equipment 

necessary to provide this service. See: § 370.10.40(d). This practice is 

encouraged and may result in savings to the judiciary and also help 

ensure that federally certified court interpreters are available. For further 

information on the TIP, see: Guide, Vol. 5, § 540. 

§ 360.10.30 Use of Staff Court Interpreters 

(a) Staff court interpreters are employed by district courts to provide 

interpreting services at the request of judges, the clerk’s office, and 

probation and pretrial services offices for matters initiated by the United 

States. The employing court may share court interpreters through TIP with 

other federal courts when deemed available by the employing court. Interdistrict travel must be authorized through the AO’s Court Services Office. 

See: Guide, Vol. 19, § 420.20.60(b). 

 For guidance on the use of staff court interpreters for CJA cases, see: 

Guide, Vol. 5, § 220.20. 

 For guidance on the use of staff court interpreters for government 

witnesses, see: Guide, Vol. 5, § 215(b). 
Guide to Judiciary Policy, Vol. 5, Ch. 3 Page 11 

(b) Prohibition Against Use of Court Staff or Relatives as Interpreters 

(1) Unless there is a compelling reason for such an award and full 

information has been provided to the Procurement Executive, a 

judiciary contracting officer may not knowingly award a contract to: 

(A) a relative of a judiciary employee; 

(B) another judiciary employee, including staff court interpreters; 

or 

(C) a business concern (or other organization) owned or 

substantially owned or controlled by: 

(i) a judiciary employee(s), or 

(ii) a relative(s) of judiciary employees. 

See: Guide, Vol. 14, §§ 150.40.20 and 150.40 (Standards of 

Conduct). 

(2) Staff Court Interpreters who perform outside interpreting work are 

responsible for complying with any applicable laws, regulations 

(such as the Federal Acquisition Regulations (FAR), 48 CFR 3.6), 

and policies. For this reason, staff court interpreters generally do 

not provide services to other federal agencies. 

(3) A staff court interpreter may be hired by non-government entities or 

retained counsel to provide interpreting services. 

(A) If the services are required during the interpreter’s tour of 

duty hours, the interpreter must use approved annual leave 

or authorized leave without pay in order for the interpreter to 

provide interpreting services to those entities. 

(B) Such outside employment must be: 

(i) authorized in advance by the clerk and 

(ii) within the requirements of Guide, Vol. 2A, Ch. 3 

(Code of Conduct for Judicial Employees). 
Guide to Judiciary Policy, Vol. 5, Ch. 3 Page 12 

§ 360.20 Contract Court Interpreters 

§ 360.20.10 Rotation of Contract Court Interpreter Assignments 

(a) Contract court interpreters certified by the AO should be placed on the 

court’s local roster of interpreters. 

(b) Courts should observe fair practices in rotating assignments to all locally 

available certified or professionally qualified interpreters. 

(c) If only language skilled/ad hoc interpreters are available, rotation should 

also be fair, but courts must always give preference to interpreters who 

are most competent and have the best interpreting credentials and skills. 

§ 360.30 Effective Use of Interpreters 

(a) A number of measures may be employed to protect the accuracy of the 

record and avoid errors, including: 

(1) positioning interpreters so they can hear and see the parties whose 

utterances must be interpreted; 

(2) providing the interpreter with drinking water in the courtroom; and 

(3) providing attorneys with general guidance as to the demands that 

an interpreted proceeding will impose on them and other courtroom 

participants, including the following: 

(A) use of sound equipment; 

(B) need to speak clearly; 

(C) location of the interpreter in the courtroom; 

(D) need to change interpreters periodically during lengthy 

proceedings; 

(Note: For information on team interpreting, see: Guide, 

Vol. 5, § 530 (Mitigating Demands on Interpreters).) 

(E) possibility of interruption by the interpreter to clarify a matter; 

and 

(F) need to avoid social and ex parte contact with interpreters. 

(b) It is important to guard against diminished performance caused by fatigue, 

poor acoustics, and attorneys inexperienced in the proper use of 
Guide to Judiciary Policy, Vol. 5, Ch. 3 Page 13 

interpreters. Every reasonable measure must be taken to ensure proper 

performance. The physical and mental stress of interpreting over a long 

period may lead to a reduction in interpreting accuracy. 

§ 360.40 Background Check Requirements 

Background checks must be conducted according to established Judicial Conference 

policies as described in Guide, Vol. 12, § 570 (Background Checks and Investigations) 

and in the instructions for conducting background checks on contract court interpreters. 

§ 370 Statistical Usage Reporting 

§ 370.10 Interpreter Usage Statistical Reporting 

§ 370.10.10 Requirement to Report 

Under the Court Interpreters Act (28 U.S.C. § 1827(b)(3)), “[t]he Director. . . shall report 

periodically on the use and performance of both certified and otherwise qualified 

interpreters in judicial proceedings instituted by the United States[.]” 

§ 370.10.20 Reporting Frequency 

To monitor usage and provide the information required in the annual report to Congress, 

courts must report their usage statistics on a quarterly basis through InfoWeb. This 

report is required even if no interpretation services were used during that quarter. 

§ 370.10.30 Report Submission Dates 

Quarterly reports must be submitted by the 15th day of the month following the end of 

the quarter (January 15, April 15, July 15, and October 15). 

§ 370.10.40 Report Contents 

(a) The report should contain a summary of the preceding quarter’s use of 

interpreters for court proceedings and probation or pretrial services 

matters under the Court Interpreters Act. Each district has the discretion 

to determine whether the district court and the probation or pretrial 

services office will provide separate or combined reports. 

(b) Each report should indicate the number of docketed proceedings in which 

certified staff, certified contractor, or Otherwise Qualified interpreters were 

provided, by language. 

(c) An “event” is defined for the purpose of the reporting requirement as one 

judicial proceeding (be it a trial or hearing), conference, or interview, or a 

combination of two or more court proceedings, conferences or hearings 
Guide to Judiciary Policy, Vol. 5, Ch. 3 Page 14 

under the same case number on the same day. For purposes of this 

definition: 

(1) Report two events when two interpreters are used for the same 

judicial proceeding. The use of two or more interpreters for one 

event will double (or triple, etc.) the reported events. 

(2) If a judicial proceeding, conference, or interview is continued to a 

second day, a new entry is counted. 

(d) Telephone Interpreting Program service usage must be reported only by 

the court receiving services. 

(e) For specific reporting requirements and format, see: JNet’s Reporting 

Requirements page. 

§ 370.20 Reporting Usage for Hearing Impairment or Communication 

Disabilities 

§ 370.20.10 Services for Participants 

If interpreter services for participants with a hearing impairment or a communication 

disability are required for court proceedings, courts should identify the sign language 

used for the party needing the interpreter services on Form AO 50 (Report of Services 

Provided to Persons with Communication Disabilities). 

§ 370.20.20 Services for Spectators 

See: Guide, Vol. 5, § 255(a). 

§ 370.20.30 [Reserved] 

§ 370.20.40 Further Guidance 

For additional information on providing services to the hearing impaired and other 

persons with communication disabilities, see: Guide, Vol. 5, § 255. 
Last revised (Transmittal 05-008) May 17, 2021

Guide to Judiciary Policy

Vol. 5: Court Interpreting

Ch. 4: Funding, Contracting, and Paying Contract Court 

Interpreters

§ 410 Funding Authorization

§ 410.10 General Authorization Fund

§ 420 Delegation of Procurement Authority

§ 420.10 Negotiations of Interpreter Contracts or Agreements

§ 420.20 Contracts for Court Interpreters

§ 420.40 Use of Interpreting Agencies

§ 430 Paying Contract Court Interpreters

§ 430.10 Rate Determination and Review

§ 430.20 Prompt Payments to Contract Interpreters

§ 430.30 Payment Procedures

§ 410 Funding Authorization

§ 410.10 General Authorization Fund

(a) The general authorization fund for contract court interpreters (BOC 2523, 

under fund #092000, organization code, court’s Cost Organization Code) 

is for use by all court units when paying the approved invoices submitted

by:

(1) contract court interpreters who provided service under the Court 

Interpreters Act in proceedings initiated by the United States; or

(2) providers of appropriate accommodations — including sign 

language interpreters — for participants in court proceedings who 

have a hearing impairment or communication disability.

(b) Charges for interpreter services provided under the Court Interpreters Act 

must be made to the fiscal year in which the obligation was incurred.

(c) The following organization codes should be used when paying approved 

invoices:

Appellate AXXBBCX

Bankruptcy BXXBBCX
Guide to Judiciary Policy, Vol. 5, Ch. 4 Page 2

District Court DXXBBCX

Probation and Pretrial PXXBBCX

(d) For guidance on which organization code to use, see: Guide, Vol. 5, 

§§ 210, 240, and 255.

§ 420 Delegation of Procurement Authority

§ 420.10 Negotiations of Interpreter Contracts or Agreements

§ 420.10.10 Authority

All negotiations and execution of contracts are subject to the delegation of procurement 

authority by the Director of the Administrative Office of the U.S. Courts (AO), as 

described in Guide, Vol. 14, § 120.40.30.

§ 420.10.20 Location of Instructions and Forms

Further information is on JNet, including the Contract Court Interpreter Services Terms 

and Conditions (“the Contract”) and attachments, and the Instructions and Procedures

for Locating and Procuring Contract Court Interpreter Services (“Contract Instructions”). 

The Contract and attachments and other information for contract court interpreters are 

also available on the Federal Court Interpreters page on the judiciary’s public website.

§ 420.20 Contracts for Court Interpreters

(a) Each court must execute and sign the contract with each non-staff 

interpreter according to the contract instructions on JNet.

(b) The contract, attachments, and instructions used must be the most 

recently published version to ensure compliance with judiciary 

procurement policy and guidelines and to provide a degree of consistency 

for contract court interpreters, especially those who serve in multiple 

districts.

(c) The negotiation and the execution of the written agreement should take 

place before services are rendered. See: § 430.10(d).

(d) A presiding judicial officer’s selection of a contractor to serve as an 

interpreter does not constitute an appointment of that person as an 

employee of the United States. The interpreter’s relationship with the 

United States is that of an independent contractor. 

(e) Income taxes and social security taxes are not deducted from a contract 

court interpreter’s compensation. For contract interpreters who are not 

employees of the judiciary, social security benefits are based entirely on 
Guide to Judiciary Policy, Vol. 5, Ch. 4 Page 3

the interpreter’s contributions as a self-employed individual. The 

government makes no contribution for contractors.

(f) For information on contracts with government employees or employeecontrolled business concerns, see: Guide, Vol. 5, § 360.10.30(b).

§ 420.40 Use of Interpreting Agencies

(a) Since there is no guarantee of the certification or skill level of any 

interpreter provided by agencies and contracting with agencies will 

increase the cost to the judiciary, procuring interpreters through 

interpreting agencies should be considered carefully.

(b) Engaging an interpreter through an interpreting agency involves special 

contracting issues.

(1) The Contract Court Interpreter Services Terms and Conditions and 

related documents are only appropriate for contracting with 

individual interpreters but can be used when the individual is a 

corporation and is the same individual providing interpreting 

services directly.

(2) However, when contracting with agencies that hire individuals to 

perform interpreting services, the Judiciary Small Purchase 

Procedures should be followed, using a purchase order (PO) 

instead of the Terms and Conditions document. The PO must 

include procurement Clause 3-3. See: Guide, Vol. 14, Appx. 1B. 

Courts have the authority to enter into commercial agreements 

under the Level 3 delegation (General Contracting Authority under 

the Contracting Officer’s Certification Program). See: Guide, 

Vol. 14, § 140.30.

(c) For languages of limited diffusion (LLD) requirements, courts may have to 

obtain services through translation or interpreting agencies.

(d) The contract must state the required skill level of the interpreter, and the 

court’s requirement for simultaneous and consecutive interpretation and 

sight translation, including a stipulation that summary interpretation is not 

acceptable. The contract should also cover performance and protocol 

issues and the required background check. For information on 

background check requirements, see: Guide, Vol. 5, § 360.40.

[. . .]
Guide to Judiciary Policy, Vol. 5, Ch. 4 Page 4

§ 430 Paying Contract Court Interpreters

§ 430.10 Rate Determination and Review

(a) Fees for interpreter services are set by the Director and are subject to 

periodic review.

(b) Interpreters providing services under the Court Interpreters Act, 28 U.S.C.

§ 1827, must not be compensated at a rate higher than the maximum 

rates established by the Director of the AO, unless an exception is 

authorized under § 420.60. For further guidance on payment of AO 

certified interpreters, see: Contract Instructions.

(c) Compensation for language skilled/ad hoc interpreters is set at a lower 

rate than that set for certified and professionally qualified interpreters.

(d) Funds must be obligated and the following must be negotiated and 

established using the contract document before the interpreter performs 

the work or travels to the assignment:

(1) fees;

(2) compensation for authorized travel time;

(3) reimbursement of authorized travel expenses; and

(4) cancellation terms.

(e) For information on current rates, see: JNet’s Fee Schedule for Contract 

Court Interpreters page and the Current Fees for Contract Court 

Interpreters page on the judiciary’s public website.

§ 430.20 Prompt Payments to Contract Interpreters

The willingness of interpreters to work for the courts may be affected over time by the 

promptness with which they are paid. Although the judiciary is not subject to the Prompt 

Payment Act of 1982, timely payment of proper invoices for service rendered under the 

Court Interpreters Act or the CJA will help to facilitate subsequent recruitment.

§ 430.30 Payment Procedures

(a) The Contract advises the interpreter what information is required in an 

invoice, and to whom the invoice should be submitted. The Contract 

instructions provide information to the court on processing of invoices.
Guide to Judiciary Policy, Vol. 5, Ch. 4 Page 5

(b) Interim payments for work already performed are allowed for lengthy 

proceedings. Some interpreting agencies demand payment in advance, 

but the government is not authorized to pay for interpreting services or 

interpreter travel expenses in advance of the service being rendered. 

See: Guide, Vol. 14, § 220.55 (Contract Financing).
Last revised (Transmittal 05-008) May 17, 2021

Guide to Judiciary Policy

Vol. 5: Court Interpreting

Ch. 5: Special Interpretation Services

§ 510 Simultaneous Interpreting in Government-Initiated Multiple-Defendant Cases

§ 510.10 Courts’ Responsibility to Provide Services

§ 510.20 Equipment Purchase

§ 510.30 Reimbursement for Use of Personal Equipment

§ 520 Simultaneous Interpreting in Multiple-Party Cases Not Initiated by the 

Government

§ 530 Mitigating Demands on Interpreters

§ 530.05 Use of Multiple Interpreters (Team Interpreting)

§ 530.10 Makeup of Interpreting Teams

§ 530.30 Judicial Proceedings Typically Warranting Multiple Interpreters

§ 530.40 Judicial Proceedings Not Typically Warranting Multiple Interpreters

§ 540 Telephone Interpreting Program (TIP)

§ 540.20 Judicial Proceedings Where TIP Is Appropriate

§ 540.30 TIP Interpretation for Spanish or Other Languages

§ 540.40 Court Responsibility for Interpreting Arrangements and Payment

§ 540.50 TIP Equipment Funding

§ 550 Documents in Languages Other than English

§ 550.10 English Language Requirement

§ 550.20 Translation of Documents Filed with the Court

§ 550.30 Translation of Documents Prepared by the Court

§ 510 Simultaneous Interpreting in Government-Initiated MultipleDefendant Cases

§ 510.10 Courts’ Responsibility to Provide Services

Each court should provide for simultaneous interpreting services in multiple-defendant 

criminal actions and multiple-party civil actions initiated by the United States (28 U.S.C. 

§ 1828(a)).

§ 510.20 Equipment Purchase

Each court is authorized to purchase equipment to be used in providing simultaneous 

interpretation services in multiple-defendant criminal cases and multiple-party civil 
Guide to Judiciary Policy, Vol. 5, Ch. 5 Page 2

cases initiated by the United States. Clerks’ offices are provided with funds for such 

purchases in the aggregate allotment.

§ 510.30 Reimbursement for Use of Personal Equipment

There are no provisions or authorization to reimburse interpreters for use of an 

interpreter’s personal equipment.

§ 520 Simultaneous Interpreting in Multiple-Party Cases Not 

Initiated by the Government

In multiple-party civil cases not initiated by the United States, the clerk of court, with the 

approval of the presiding judge, may make the court’s simultaneous interpretation 

equipment available to interpreters hired by and paid for by the parties (28 U.S.C. 

§ 1828(b)). Contract interpreters, even when using court-provided equipment, should 

be contracted and paid directly by the parties in these cases.

§ 530 Mitigating Demands on Interpreters

To safeguard the integrity of interpreting services, and to ensure that the quality does 

not decrease due to interpreter fatigue, the presiding judge may:

(a) designate two or more interpreters to work as a team (recommended for 

trials or lengthy judicial proceedings); or

(b) provide frequent breaks for an interpreter working alone.

§ 530.05 Use of Multiple Interpreters (Team Interpreting)

§ 530.10 Makeup of Interpreting Teams

Teams of interpreters may be comprised of a combination of staff interpreters, 

individually contracted interpreters, interpreters contracted by an agency under a single 

contract, or interpreters contracted through more than one agency.

§ 530.30 Judicial Proceedings Typically Warranting Multiple Interpreters

Some examples of the type of lengthy judicial proceedings for which multiple 

interpreters may be necessary include:

• trials and evidentiary hearings;

• legal arguments on motions; and

• sentencing hearings at which complex issues are argued.
Guide to Judiciary Policy, Vol. 5, Ch. 5 Page 3

§ 530.40 Judicial Proceedings Not Typically Warranting Multiple 

Interpreters

Examples of judicial proceedings that can normally be covered by a single interpreter 

may include shorter assignments such as:

• initial appearances;

• arraignments;

• pretrial services interviews;

• status conferences;

• pleas; and

• sentences.

§ 540 Telephone Interpreting Program (TIP)

The Administrative Office of the U.S. Courts (AO) established the judiciary's Telephone 

Interpreting Program (TIP) to provide remote interpretation, via telephone lines for 

judicial proceedings where certified or highly qualified court interpreters are not 

reasonably available locally. The Judicial Conference approved the judiciary’s TIP in 

1994 to provide simultaneous and consecutive interpreting for short judicial proceedings 

(JCUS-MAR 1994, pp. 16-17). 

§ 540.10 [Reserved]

§ 540.20 Judicial Proceedings Where TIP Is Appropriate

(a) Courts should consider TIP for the following types of short judicial 

proceedings when certified or qualified interpreters are not available 

locally, and it is not feasible to have interpreters travel from outside the 

area:

• pretrial hearings;

• initial appearances;

• arraignments; and

• probation and pretrial services interviews.

(b) Requests for telephone interpreting services may be made via the 

judiciary’s intranet, and provider courts will respond to the request. For 

information on equipment requirements and related telephone interpreting 

information, and to schedule TIP services, see: JNet’s TIP page.

§ 540.30 TIP Interpretation for Spanish or Other Languages

(a) All TIP interpretation for Spanish is done by certified interpreters, usually 

court staff interpreters.
Guide to Judiciary Policy, Vol. 5, Ch. 5 Page 4

(b) Interpretation via TIP for other languages is done by contract interpreters 

known to the provider court (where the interpreter is physically located), 

and skilled in the use of the TIP equipment.

§ 540.40 Court Responsibility for Interpreting Arrangements and Payment

(a) The court providing the interpreter handles all the logistical arrangements, 

including negotiating terms, executing the contract, and paying the 

invoice.

(b) The user court (where the hearing is located) only needs to make the 

request, initiate the telephone call at the time of the hearing, and report 

the event on the quarterly usage report.

§ 540.50 TIP Equipment Funding

The AO will fund the purchase of equipment needed for provider courts or user courts to 

participate in TIP, subject to the availability of funding. For information on purchasing 

equipment, contact the Court Services Office at 202-502-1500.

§ 550 Documents in Languages Other than English

§ 550.10 English Language Requirement

(a) No federal statute requires documents to be filed in English in United 

States courts, except for the District of Puerto Rico (48 U.S.C. § 864). 

Some courts have addressed the language requirements for the filing of 

documents through local rules.

(b) When an evidentiary document is submitted to the court in a language 

other than English, the presiding judge may issue an order to the party 

submitting the documents that requires the documents to be filed in 

English. If required, translation of evidentiary documents is the 

responsibility of the party tendering the documents to the court.

§ 550.20 Translation of Documents Filed with the Court

§ 550.20.10 Finding Qualified Translators

(a) While it is generally expected that all documents filed with the court will be 

in English, occasionally there is a need to have documents translated into 

English. The Court Interpreters Act does not address written translation 

requirements, and the Federal Court Interpreter Certification Examination 

(FCICE) tests high-level interpreting skills in both English and Spanish but 

does not test for translation skills.
Guide to Judiciary Policy, Vol. 5, Ch. 5 Page 5

(b) Qualified translators can be located through the American Translators 

Association or any other organization that tests translation ability in the 

appropriate language combination, such as:

• the Language Services Unit of the State Department, or

• the Language Services Section of the Federal Bureau of Investigation.

§ 550.20.20 Rates for Document Translation

(a) When a court needs documents translated, the rates should be negotiated 

between the translator and the court. Payment can be:

• per word or per page translated; or

• per hour of real time translation work.

(b) The daily interpreter fee rates do not apply to document translation. The 

current State Department rates for translation may be used for reference 

in negotiating rates for court-required translations. 

§ 550.20.30 Rates for Transcription of Recorded Materials

If required by the presiding judge, the rate for the transcription of recorded materials can 

be negotiated by the half-day, the full-day, or by the hour for the actual time spent on 

the task.

§ 550.20.40 Payment Responsibility for Translations and Transcriptions

Translations and transcriptions are not within the scope of the Court Interpreters Act, 

and payment for such services may not be funded from the general authorization for 

contract court interpreting. Local funds must be used to award a contract for translation 

and transcription services.

§ 550.30 Translation of Documents Prepared by the Court

(a) In practice, English is the language used by the courts, and all official 

documents of the court should be written in English. The recipient of an 

official court document is responsible for translation to another language if 

necessary for that party’s understanding of the official document.

(b) Several courts have responded to changing demographics and now make 

available (either on the courts’ websites or at the courthouses) unofficial 

forms and other information for individuals with limited English proficiency. 

See: Guide, Vol. 22, § 150.15.