CRIMINAL HISTORY RECORD CHECK AND EVALUATION OF CHARACTER AND FITNESS

Hawai‘i Rules for Certification of Spoken-Language Interpreters

Rule: 9

Jurisdiction: HI

Bluebook Citation: CSLI 9

9.1 A court interpreter must be one whose record of conduct justifies the trust of the court, witnesses, jurors, attorneys, parties, and the public. To protect the integrity of court and legal proceedings and the safety of the public, applicants shall undergo a criminal history record check and may be subject to other lawful reference and/or background checks as required by the Administrative Director. 9.2 Following full attendance and completion of the 2-day court interpreer basic orientation training and passage of both the written English proficiency and basic court interpreter ethics examinations, a criminal history record check shall be conducted on applicants consistent with applicable law. 9.3 Applicants must provide required information necessary to conduct the criminal history record check and must pay any associated fees as required by the Administrative Director. 9.4 An applicant may be disqualified from registration and/or certification as a court interpreter if deemed unfit by the Administrative Director. In evaluating an applicant’s character and fitness to serve as a court interpreter where the applicant’s criminal or other record indicates any deficiency in the applicant’s honesty, trustworthiness, diligence, or reliability that is material to the applicant’s performance as a court interpreter, the following, non-exclusive factors may be considered in assigning weight and significance to prior conduct: (a) the applicant’s age at the time of the conduct; (b) the recency of the conduct; (c) the reliability of the information concerning the conduct; (d) the seriousness of the conduct; (e) the factors underlying the conduct; (f) the cumulative effect of the conduct; (g) evidence of rehabilitation; (h) the applicant’s positive social contributions since the conduct; (i) the applicant’s candor in the certification process; and (j) the materiality of any admissions or misrepresentations. 9.5 Each applicant shall be notified in writing by regular mail of the outcome of the criminal history record check and evaluation of the applicant’s character and fitness to serve as a court interpreter.

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