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 4 - DISCIPLINARY PROCEDURES › Schedule F - Pennsylvania Rules of Professional Conduct for Judiciary Interpreters

Current through Register Vol. 54, No. 28, July 13, 2024
Legal Authority
In accordance with Act 172 of 2006 (42 Pa.C.S. §§
											4411(e) and
					 4431(e)), the Court
					 Administrator of Pennsylvania hereby establishes these Rules of Professional
					 Conduct for Judiciary Interpreters in the Unified Judicial System of
					 Pennsylvania.
Preamble
Many persons who come before the courts are partially or
					 completely excluded from full participation in the proceedings due to limited
					 English proficiency (LEP) or because they are speech impaired or have a hearing
					 loss. It is the Court's intention to remove this communication barrier in order
					 to provide equal access and due process so that these persons are placed in the
					 same position as similarly situated persons for whom there is no such
					 impediment. As officers of the court, interpreters help assure that such
					 persons may enjoy equal access to justice and that court proceedings and court
					 support services function efficiently and effectively. Interpreters are highly
					 skilled professionals who fulfill an essential role in the administration of
					 justice. In their capacity as officers of the court, court interpreters are
					 bound by rules of professional conduct.
Applicability and Enforcement
These rules shall guide and be binding upon all persons,
					 agencies and organizations who administer, supervise, deliver, or attempt to
					 become certified to deliver, interpreting services to the Judiciary. It shall
					 govern the conduct of persons who are employed, under contract, or otherwise
					 appointed by the Judiciary to interpret, transliterate, or deliver foreign and
					 sign language interpreting services to the judicial system. This shall include
					 persons who offer their services free of charge or on a volunteer basis.
Violations of these rules may result in the interpreter
					 being removed from a case, being suspended, being denied future appointments by
					 the courts, losing certification if the interpreter has been certified pursuant
					 to Act 172 and the Administrative Regulations Governing language access for
					 Persons with Limited English Proficiency and for Persons who are Deaf or Hard
					 of Hearing or any other sanctions deemed appropriate by the Court Administrator
					 of Pennsylvania. The Court Administrator is authorized to adopt policies and
					 procedures necessary to enforce these rules.
RULE 1: REPRESENTATION OF
					 QUALIFICATIONS.
Interpreters shall accurately and completely
					 represent their certifications, training, and pertinent
					 experience.
RULE 2: ACCURACY AND COMPLETENESS.
Interpreters shall render a complete and accurate
					 interpretation or sight translation, without altering, omitting,or adding
					 anything to what is stated or written, and without embellishment or
					 explanation.
RULE 3: IMPARTIALITY AND AVOIDANCE OF CONFLICT OF
					 INTEREST.
Interpreters shall be impartial and unbiased and
					 shall refrain from conduct that may give an appearance of bias or favoritism.
					 Interpreters shall disclose any real or perceived conflict of
					 interest.
RULE 4: PROFESSIONAL DEMEANOR.
Interpreters shall conduct themselves in a manner
					 consistent with the dignity of the court and shall be as unobtrusive as
					 possible.
RULE 5: CONFIDENTIALITY.
Interpreters shall protect the confidentiality of all
					 privileged and other confidential information.
RULE 6: RESTRICTION FROM PUBLIC
					 COMMENT.
Interpreters shall not publicly discuss,
					 report
,
or offer an opinion concerning a matter in which they are
					 or have been engaged, even when that information is not privileged or required
					 by law to be confidential.
RULE 7: SCOPE AND LIMITATIONS OF
					 PRACTICE.
Interpreters shall limit themselves to interpreting,
					 transliterating or sight translating and shall not give legal advice, express
					 personal opinions to individuals for whom they are interpreting, or engage in
					 any other activities which may be construed to constitute a service other than
					 interpreting, transliterating or sight translating while serving as an
					 interpreter.
RULE 8: ASSESSING AND REPORTING IMPEDI MENTS TO
					 PERFORMANCE.
Interpreters shall assess at all times their ability
					 to deliver their services. When interpreters have any reservation about their
					 ability to satisfy an assignment competently, they shall immediately convey
					 that reservation to the court or other appropriate judicial
					 authority.
RULE 9: DUTY TO REPORT ETHICAL
					 VIOLATIONS.
Interpreters shall report to the proper judicial
					 authority any effort to impede their compliance with any law, any provision of
					 these rules, or any other official policy governing court interpreting and
					 legal translating.
RULE 10: ACCEPTANCE OF COMPENSATION.
Interpreters shall accept no remuneration, gifts,
					 gratuities, or any other valuable consideration in excess of their authorized
					 compensation in the performance of their official interpreting
					 duties.
RULE 11: PROFESSIONAL DEVELOPMENT.
Interpreters shall continually improve their skills
					 and knowledge and advance the profession through activities such as
					 professional training and education, and interaction with colleagues and
					 specialists in related fields.
RULE 12: AGREEMENT TO ABIDE BY THESE
					 RULES.
Interpreters and transliterators working for the
					 Unified Judicial System of Pennsylvania accept and agree to be bound by these
					 rules, and understand that appropriate sanctions may be imposed by the ICP
					 Administrator, hearing officer, or Court Administrator for willful
					 violations.