(a)  When a limited-English-proficient person is a party, or the parent or legal guardian of a party, to a legal proceeding, or an alleged victim in a criminal proceeding, the appointing authority shall appoint a certified interpreter to assist such person during the legal proceeding. The state court administrator’s office shall maintain a list of Rhode Island certified and qualified interpreters from which the appointing authority shall make its appointments.

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Terms Used In Rhode Island General Laws 8-19-3

  • Appointing authority: means the judicial officer presiding at a legal proceeding. See Rhode Island General Laws 8-19-2
  • Arrest: Taking physical custody of a person by lawful authority.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • limited-English-proficient person: means any person whose primary language is not English and who does not have the ability to adequately understand or communicate effectively in English. See Rhode Island General Laws 8-19-2
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • qualified interpreter: is a person who is able to interpret simultaneously and consecutively and sight translate from English into a foreign language and from said language into English but who is not certified pursuant to this chapter. See Rhode Island General Laws 8-19-2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

(b)  The appointing authority may appoint a qualified interpreter in place of a certified interpreter when:

(1)  A good-faith effort has been made to locate and obtain the services of a certified interpreter and one is not available; and

(2)  The appointing authority makes a finding that the proposed qualified interpreter appears to have adequate language skills; knowledge of interpreting techniques; familiarity with interpreting in a court or hearing; and that he/she has read, understands, and will abide by an established code of ethics for language interpreters pursuant to this chapter; and

(3)  The proceeding is one of a preliminary nature and of a short duration. Proceedings of a preliminary nature may include but not be limited to:

(i)  Arraignments;

(ii)  Costs, restitution, and/or fine reviews;

(iii)  Probation reviews;

(iv)  Preliminary hearings on pretrial motions; and

(v)  Appearances before the court on bench warrants or arrest warrants.

(c)  If any relationship between the interpreter and any of the parties, attorneys, witnesses, victims, or any other persons involved in the proceeding exists, the nature of that relationship shall be disclosed to the appointing authority on the record and the appointing authority may in its discretion excuse the interpreter from said proceeding.

History of Section.
P.L. 1999, ch. 340, § 1; P.L. 2012, ch. 415, § 15; P.L. 2014, ch. 79, § 1; P.L. 2014, ch. 88, § 1.