Character and Fitness Standards for Inclusion on the Statewide Roster

The State Court Administrator's Office shall perform its duties in a manner that ensures the protection of the public by including on the Statewide Roster only those who qualify and who meet character and fitness standards. A court interpreter should be one whose record of conduct justifies the trust of the courts, witnesses, jurors, attorneys, parties, and others with respect to the official duties owed to them. A record manifesting significant deficiency in the honesty, trustworthiness, diligence or reliability of an applicant may constitute a basis for denial of inclusion on the Statewide Roster. (a) Relevant Conduct. The revelation or discovery of any of the following should be treated as cause for further inquiry before the State Court Administrator's Office decides whether the interpreter possesses the character and fitness to qualify for inclusion on the Statewide Roster: (1) conviction of a crime which resulted in a sentence or a suspended sentence; (2) misconduct involving dishonesty, fraud, deceit or misrepresentation; (3) revocation or suspension of certification as an interpreter, or for any other position or license for which a character check was performed in this state or in other jurisdictions; and (4) acts that indicate abuse of or disrespect for the judicial process. (b) Evaluation of Character and Fitness. The State Court Administrator's Office shall determine whether the present character and fitness of a court interpreter qualifies the interpreter for inclusion on the roster. In making this determination, the following factors should be considered in assigning weight and significance to prior conduct: (1) the interpreter's age at the time of the conduct; (2) the recency of the conduct; (3) the reliability of the information concerning the conduct; (4) the seriousness of the conduct; (5) the factors underlying the conduct; (6) the cumulative effect of the conduct; (7) the evidence of rehabilitation; Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. GENERAL RULES OF PRACTICE 34 MINNESOTA COURT RULES (8) the interpreter's positive social contributions since the conduct; (9) the interpreter's candor in the certification process; and (10) the materiality of any admissions or misrepresentations. (c) Notification of Results of Character and Fitness Evaluation. The Coordinator shall notify interpreters in writing of a determination that the interpreter failed to meet the character and fitness requirements for inclusion on the roster or for certification. A decision by the State Court Administrator's Office to not add an applicant to the roster is not governed by Rule 8.08 and is not appealable or reviewable under these rules. Suspension or removal from the Statewide Roster of Interpreters included on the roster is governed by Rule 8.08. (d) Information Disclosure. (1) Court Interpreter's File. An interpreter may review the contents of his or her file, except for the work product of the Coordinator and the State Court Administrator's Office, at such times and under such conditions as the State Court Administrator's Office may provide. (2) Investigation Disclosures for Purposes of Character and Fitness Evaluation. Information may be released to appropriate agencies for the purpose of obtaining information related to the applicant's character and fitness. (3) Confidentiality. i. Evaluation Data: Information obtained by the Coordinator and the State Court Administrator's Office during the course of their evaluation is confidential and may not be released to anyone absent a court order. The court shall consider whether the benefit to the person requesting the release of the data outweighs the harm to the public, the agency or any person identified in the data. ii. File Data: All information contained in the files of court interpreters in the State Court Administrator's Office except as otherwise provided in Rule 8.06(d)3 of these rules is confidential and will not be released to anyone except upon order of a court of competent jurisdiction or the consent of the interpreter. iii. Examination Information: Examination Information shall be available as provided in Rule 8.05(b). (Added effective September 19, 1996; amended effective January 1, 2006; amended effective July 1, 2020.) Drafting Committee Comment - 1996 Amendment The primary purpose of character, fitness and competency screening is to ensure equal access to justice for people with limited English proficiency, or speech or hearing impairments. Such screening also ensures the efficient and effective operation of our judicial system. Our judicial system is adequately protected by a system that evaluates the character, fitness and competency of an interpreter as those elements relate to interpreting in the courtroom. The public interest requires that all participants in the courtroom be secure in their expectation that those who are certified interpreters are competent to render such services and are worthy of the trust that the courts, witnesses, jurors, attorneys and parties may reasonably place in the certified interpreter. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 35 GENERAL RULES OF PRACTICE MINNESOTA COURT RULES