Interpreter Services in Court Proceedings

for Persons with Limited English Pro- ficiency. (a) Construction. This rule shall be liberally construed and applied to promote meaningful participation in court proceedings, consistent with due process, by persons with limited English proficiency. A limited English proficient (LEP) person is someone who speaks a language other than English as his or her primary language and has a limited ability to read, speak, or understand English. 7 ALASKA COURT RULES (b) Court System Responsibility to Pay for Inter- preter Services. The court system will provide and pay for the necessary services of an interpreter during proceedings in court for all parties, witnesses, and victims with limited English proficiency in all cases and for other individuals with limited English proficiency as follows: (1) for the parents or guardian of the juvenile in delinquency proceedings, and (2) for the tribal representatives, foster parents, out-of- home care providers, or grandparents in child-in-need-of-aid proceedings. (c) Method of Delivery. Interpreter services may be provided in-person, telephonically, or by video depending on the availability of qualified interpreters, the court location, and the length of the proceeding. (d) Court-Provided Second Interpreter at Hearings or Trial. To prevent interpreter fatigue and ensure effective communication, the court system may, in its discretion, provide and pay for the services of a second, qualified interpreter at any hearing or trial that exceeds two hours. A court-provided “proceedings” interpreter may, upon request, interpret confidential communications between an LEP individual and his or her attorney during the course of a hearing or trial. If an LEP party desires a separate “table” interpreter to sit at counsel table to facilitate confidential attorney-client communications, the party must provide and pay for that interpreter. (e) Amount the Court System Pays. When the court system provides and pays for interpreter services, the rate or fee paid is set by Administrative Bulletin 82. (Adopted by SCO 412 effective July 1, 1980; amended by SCO 469 effective June 1, 1981; by SCO 816 effective August 1, 1987; by SCO 1134 effective July 15, 1993; by SCO 1182 effective July 15, 1995; by SCO 1280 effective January 15, 1998; by SCO 1390 effective nunc pro tunc to January 1, 2000; by SCO 1503 effective nunc pro tunc to January 1, 2003; rescinded and readopted by SCO 1796 effective July 1, 2013; amended by SCO 1817 effective November 22, 2013; and by SCO 1896 effective October 15, 2016) Notes: This rule does not limit a judicial officer’s authority under Civil Rule 95 to order a party to pay the costs of interpreter services as a sanction for violation of Civil Rule 11. An individual who is eligible to receive a court-provided interpreter under this rule should request interpreter services as early as possible in the case by filing a notice or otherwise notifying the local clerk of court. The court system’s Interpreter Services Coordinator is available to assist any agency, attorney, or litigant to locate a qualified language interpreter or translator to provide language services remotely or on-site. The Interpreter Services Coordinator can be reached at [email protected]. 8