Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 221 - COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY AND FOR PERSONS WHO ARE DEAF OR HARD OF HEARING › Subchapter 1 - GENERAL PROVISIONS › Section 104 - Remote Interpretation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Simultaneous audiovisual technology.-In the event that a certified or otherwise
				  qualified interpreter for persons with limited English proficiency or who are
				  deaf or hard of hearing cannot be found to interpret in person, one may be
				  appointed to interpret via remote technology allowing for two-way simultaneous
				  communication of image and sound, such as video remote interpreting (VRI),
				  video-conferencing, closed-circuit television, or web-based camera, provided
				  that the judicial proceed-ingis expected to be no more than one hour in
				  duration. priority should be given to interpreters from AOPC's Interpreter
				  Certification Program (ICP) roster. Prior to utilizing the interpreter, the
				  court must conduct a
voir dire
to determine his or her
				  qualifications, unless the interpreter is a certified interpreter from AOPC's
				  ICP roster or has been previously used by, and his or her qualifications are
				  known to, the court. The use of VRI should follow guidance issued by the
				  AOPC.
(b) Telephonic
				  interpretation.-If neither a certified nor otherwise qualified interpreter can
				  be found to interpret in person or by remote technology allowing for two-way
				  simultaneous communication of image and sound, one may be appointed to
				  interpret remotely via telephone, provided the judicial proceeding is expected
				  to be short, lasting no more than 30 minutes . priority should be given to
				  interpreters from AOPC's Interpreter Certification Program (ICP) roster. If
				  neither a certified nor otherwise qualified interpreter can be found to
				  interpret via telephone, the court may utilize a telephone interpreter provided
				  by a commercial telephone interpreter service. Prior to utilizing any
				  telephonic interpreter, the court must conduct a
voir dire
to
				  determine his or her qualifications, unless the interpreter has been previously
				  used by, and his or her qualifications are known to, the court.
(c) Exceptions.-Preliminary arraignments
				  pursuant to Rule of Criminal Procedure 540 and proceedings for emergency orders
				  under the Protection from Abuse Act (23 pa.c.s. §§
											6101
et seq
.), the Protection
				  of Victims of Sexual Violence or Intimidation Act (42 Pa.C.S. §§
											62A 01
et seq
.), and the
				  Older Adults Protective Services Act (35 p.s. §§
											10225.101
et seq
.) may be
				  conducted via remote technology without regard to subsections (a) and (b)
				  above, except that a
voir dire
still must be conducted to
				  determine the interpreter's qualifications, unless the interpreter is a
				  certified interpreter from AOPC's ICP roster or has been previously used by,
				  and his or her qualifications are known to, the court.