ALABAMA’S UNIFIED JUDICIAL SYSTEM 

POLICIES AND PROCEDURES  
 
FOR 
 
FOREIGN LANGUAGE INTERPRETERS  

 

Sue Bell Cobb,  
Chief Justice  
Supreme Court of Alabama 
  
  

Callie T. Dietz,  
Director 
Administrative Office of the Courts  
  

   

September 2008  
  
 

         

   

 
  

     

   

   

   

 

 

 

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ECTION 1   – General Information 

TABLE OF CONTENTS  
  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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ECTION 2   – Registration and Certification of Foreign Language Interpreters    

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ECTION 3   – Appointment and Scheduling of Foreign Language Interpreters  

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ECTION 4   – Code of Conduct and Ethics of Foreign Language Interpreters  

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ECTION 5   – Best Practices for Foreign Language Interpreters  

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ECTION 6   – Best Practices for Court Officials in Cases Involving Foreign   

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    Language Interpreting  

ECTION 7   – Compensation of Foreign Language Interpreters  

ECTION 8   – Certification of Foreign Language Interpreters  

 

ECTION 9  –  Sanctions, Suspension, and Revocation Procedures for Foreign  

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   Language Interpreters  

 

 

ECTION 10  –  Uniform Use of Qualified Interpreters 

ECTION 11 –  Ethical Standards for Interpreters 

 

    (Code of Professional Responsibility) 

TTACHMENT A -  Interpreter Registration 

 

 

ATTACHMENT B -  Certification Levels and Corresponding Pay  
ATTACHMENT C -  Claim Form (FIS-2)  
ATTACHMENT D -  Ala.Code (1975) § 15-1-3  

 

 

 

 
 

 

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SECTION 1 

GENERAL INFORMATION  

Section 1.1  Scope 

This manual, established by Alabama’s Administrative Office of Courts (AOC), contains 
the policies and procedures for providing foreign language interpreters in Alabama’s 
circuit, district and juvenile courts as required by law.  Alabama’s Administrative Director of 
Courts (ADC) may appoint a designated person to act on his or her behalf in carrying out 
any of the duties and responsibilities stated herein.  

 
Section 1.2  Purpose 

The purpose of this manual is to facilitate the efficient use of competent and ethical foreign 
language interpreters in Alabama court proceedings. Interpreters in Alabama’s courts must 
possess special knowledge of grammar, vocabulary, idioms, slang, dialects, cultural 
nuances and the legal terminology of the two languages.  These interpreters also must 
possess special cognitive skills including memory, comprehension, listening, note taking 
and analytical skills.  

 The following terms are defined as follows:   
 

Section 1.3  Definitions 

• Registered Interpreters:  Foreign language interpreters successfully registered 
with AOC and listed by AOC FLS Registry 

• Certified Interpreters: Registered foreign language interpreters having  
completed one or more AOC interpreter certification level requirements  

• AOC Foreign Language Services Registry (AOC FLS Registry):  AOC’s listing 
of registered/certified foreign language interpreters    
 
• NES:  Non-English speaking individual  
 
• Interpreting:  Converting statements spoken in one language into statements 
spoken in another language.   
 
• Translating: Converting a written text from one language into the written text of 
another language.   

• Sight translating: Reading a written document silently in one language and 
converting it verbally into another language.   
 
• Consecutive interpreting: Interpreting an individual’s statement after the 
individual has spoken.   
 
• Simultaneous interpreting: Interpreting continuously at the same time an 
individual is speaking. 

 

 

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SECTION 2  

REGISTRATION AND CERTIFICATION  

Section 2.1  Registration 

ffective October 1, 2008, foreign language interpreters providing services in Alabama’s 
district, circuit and juvenile courts shall register with the Alabama Administrative Office of 
the Courts (AOC) pursuant to procedures established by the ADC.   
   
   

Section 2.2   Eligibility  

  
A. 

 

Criminal Background 

 

Each interpreter shall register with the AOC by completing, signing and returning the 
foreign language interpreter registration form to the AOC Human Resources Director 
(Attachment A). Each interpreter shall allow the AOC to conduct a criminal background 
check. The ADC or named designee shall perform a criminal background check and the 
ADC shall determine if the interpreter is eligible to be listed on the AOC FLS Registry.    

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Ethical and Professional Conduct 

o be eligible to be listed by the AOC FLS Registry, interpreters must agree to abide by 
the ethical and professional behavior policies, and the Code of Professional Responsibility 
outlined in this manual.  An interpreter’s unethical or unprofessional conduct may result in 
the interpreter’s removal from the AOC FLS Registry.   
  

Section 2.3   Certification  

  
Following registration, and upon successful completion of AOC’s required testing and 
orientation at the AOC testing and orientation centers, and based upon an individual’s 
initial and subsequent testing scores on standardized written and oral tests administered 
by the AOC, the ADC shall assign a certification level to each registered interpreter listed 
on the AOC FLS Registry.  The interpreter’s rate of pay shall correlate with the 
interpreter’s certification level.  Each certification level with a corresponding rate of pay is 
listed in Attachment B.  Interpreter registration requirements and interpreter certification 
levels may be modified at any time by the ADC.      
 

Section 2.4   Reciprocity 

utomatic  reciprocity  does  exist  for  interpreters  currently  certified  by  the  Federal  Court 
Interpreter Certification (FCICE) Program.  Although no automatic reciprocity exists for test 
results or for certification(s) from other states, the Director of AOC may review and agree 
to accept such scores or certifications on a case-by-case basis.     

 

 

 

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SECTION 3  

APPOINTMENT AND SCHEDULING OF FOREIGN LANGUAGE INTERPRETERS  

Section 3.1   Authority of the Court 

Each court has the inherent authority to appoint a foreign language interpreter when, in the 
discretion of the court, an interpreter is necessary.  (See Ala. Code (1975) § 15-1-3). 

Section 3.2   Appointment and Scheduling 

REGISTERED AND CERTIFIED INTERPRETERS 

  
A. 
  
The AOC shall maintain an AOC FLS Registry of individuals authorized to provide 
interpreting services in Alabama’s courts.  The appointment and scheduling of a qualified 
interpreter remains the function of the local court.   

he court shall give preference to an AOC certified interpreter.    

hen a certified interpreter listed by the AOC FLS Registry is not reasonably available, 

the court may use a qualified interpreter of the court’s own selection.  While an NES 
individual may request to use a volunteer interpreter, the court should not use this 
volunteer to serve as the court’s interpreter unless that person can otherwise be qualified 
by the court and no party expresses a founded objection.  When appointing an interpreter, 
the court should consider the following:    

• The interpreter’s native language;  

• How the interpreter learned English or the foreign language;  

• The interpreter’s education and formal study of English and/or foreign language;  

• The interpreter’s mastery of English and the foreign language;  

• The interpreter’s knowledge of idioms, slang, and dialect in both languages;  

• The interpreter’s knowledge of legal or other specialized terminology;  

• Any training or experience the interpreter has in interpreting or translating in other 
contexts;  

• Whether the interpreter is familiar with the Foreign Language Interpreters’ Code of 
Professional Responsibility; and  

• Whether the interpreter is able to interpret in the simultaneous and/or consecutive 
modes of interpretation  

The court shall advise any qualified interpreter not listed by the AOC FLS Registry to 
immediately register with the AOC.     

 

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B. 

Foreign Languages Other Than Spanish  

When an interpreter is requested to provide services in a foreign language other than 
Spanish, the court may contact the AOC for information that may assist the court in  
providing a qualified interpreter, and the court shall appoint a qualified interpreter pursuant 
to Ala. Code (1975) § 15-1-3.  If not listed on the AOC FLS Registry, the interpreter 
appointed by the court shall immediately register with the AOC. 

      

Section 3.3   Form for Payment 

When requesting payment for interpreter services, interpreters shall submit each request 
as required by the AOC and the State Comptroller.  The interpreter’s request for payment 
shall be submitted, reviewed and approved pursuant to Ala. Code (1975) § 15-1-3.   

Section 3.4   Removal or Withdrawal of an Interpreter from a Case 

After an interpreter’s appointment, the court may determine that an interpreter is not 
adequately competent, has engaged in misconduct, or is otherwise unable to perform the 
requested necessary interpreting services, or that the interpreter is not necessary.  The 
court may in its discretion remove the interpreter. Similarly, a qualified interpreter should 
immediately notify the court if unable to adequately perform the interpreter services as 
appointed.  Should such removal  involve interpreter misconduct, the court shall promptly 
report the misconduct to the ADC in writing, and the ADC or named designee shall 
conduct an investigation and take further action as may be required.    

Section 3.5 Oath 

Pursuant to Ala. Code (1975) § 15-1-3, the interpreter, upon appointment, “shall swear 
under oath that he or she will render a true and clear interpretation to the best of his or her 
skill and judgment.” 

xample: 

“I, John Smith, upon appointment by the court as interpreter, do swear or 

affirm that I will, to the best of my skill and judgment, make a true and clear interpretation 
of all court proceedings into the foreign language which ___________ (party/witness/juror) 
understands, and that I will interpret _____________’s (party/witness/juror) statements for 
the court into the English language.”  

n addition to Ala. Code (1975) § 15-1-3 that applies to all criminal and juvenile court 
proceedings, Rule 604 of the Alabama Rules of Evidence addresses an interpreter’s 
expert qualifications and requires the interpreter to give affirmation for making a true 
interpretation.  Also, Rule 43(f) of the Alabama Rules of Civil Procedure addresses foreign 
language interpreters requested in civil proceedings.    

 

   

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Section 3.6  Need for More than One Interpreter 

The demands of courtroom interpreting, particularly simultaneous interpreting, may cause 
an interpreter to need assistance. Accordingly, for lengthy cases or complex litigation, the 
court may choose to appoint more than one qualified interpreter.  The court should 
consider securing more than one interpreter for such a proceeding.    

Section 3.7 Appointment by Docket  

It is often known to the court that an interpreter has been requested and/or required in 
many cases on a court’s docket, and that a qualified interpreter must be provided.  
Accordingly, the qualified interpreter may provide services for each of these cases and be 
compensated pursuant to contractual terms agreed upon by the interpreter and the 
Administrative Office of Courts. 

SECTION 4 
  
CONDUCT AND ETHICS OF A FOREIGN LANGUAGE INTERPRETER  

Section 4.1  General Conduct and Responsibilities 

  
At all times, the court interpreter shall act in a manner consistent with the following general 
conduct and principles:  
 

(a)  Interpreters are officers of the court and shall conduct themselves in a courteous, 
professional and responsible manner.  

(b)  Interpreters should know and observe the court’s established protocol, rules, and 
procedures when delivering interpreting services.  When speaking in English, 
interpreters should speak at a rate and at a volume that enables them to be heard and 
understood throughout the courtroom, but the interpreter’s presence should otherwise 
be as unobtrusive as possible.  

(c)  Interpreters should dress in a manner that is consistent with the dignity of the court.  

(d)  Interpreters shall refrain from making any type of referrals (e.g. to bondsmen, 
attorneys, etc.).    

(e)  Interpreters shall adhere to all instructions given by the court in which their services 
are being used.  

(f)  Interpreters shall honestly and accurately represent their education, training and 
certification(s).  

(g)  Interpreters shall adhere to the Foreign Language Interpreters’ Code of 
Professional Responsibility. 

 

  

 

 

 

 

 

 

 

 

 

 

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(h)  Interpreters shall continually seek to enhance and refine their skills and knowledge 
through continued interpreter education and training.  

   

Section 4.2   The Proper Role of the Interpreter 

  
At all times, a court interpreter shall act in the following manner:   
 

(a)  Interpreters shall interpret completely and accurately.  Interpreters shall not alter 
the meaning of the statements they are interpreting. Interpreters shall not interject 
personal words, phrases or expressions. Interpreters shall not elaborate or explain the 
statements they are interpreting.  Interpreters shall not correct misstatements, even 
when a misstatement is an obvious error. (e.g., should a witness answer an incorrect 
date of “1899” rather than “1999”).  

(b)  Interpreters shall accurately convey the tone and register of the statements they 
are interpreting.  

(c)  Interpreters shall inform the court immediately if they become concerned about 
their ability to interpret in accordance with these policies and procedures in a particular 
proceeding or for a particular person. (E.g., the interpreter cannot understand the 
defendant’s language, or personally knows the witness or defendant, or has strong 
opinions regarding the case.) 
   
(d)  Interpreters shall notify the court if there is any environmental or physical limitation 
that impedes or hinders their ability to deliver interpreting services adequately (e.g., the 
courtroom is not quiet enough for the interpreter to hear or be heard by the non-English 
speaker; more than one person at a time is speaking; or parties or witnesses are 
speaking at a rate of speed that is too rapid for the interpreter to adequately interpret).    

(f)  Interpreters are encouraged to make inquiries as to the nature of a case whenever 
possible before accepting an assignment.  This enables interpreters to match more 
closely their professional qualifications, skills, and experience to potential assignments.  

g)  Interpreters should refrain from accepting a case when the language, dialect or 
subject matter of the case is likely to exceed their skills or capacities.   

h)  Interpreters shall not give legal advice or express personal opinions to individuals 
for whom they are interpreting.  

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(e)  Interpreters shall notify the court of the need to take periodic breaks in order to 
maintain mental and physical alertness or prevent interpreter fatigue.   

(i)  Interpreters may interpret legal advice given by an attorney to an individual 
requiring an interpreter. An interpreter may translate language on a form for an 
individual who is completing the form.   

 

 

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(j)  Interpreters should initiate communications during a proceeding when they find it 
necessary to seek assistance in performing their duties, but should do so in third 
person. (e.g., “The interpreter requests that the question be repeated, clarified, etc...”).  

(k)  The interpreter shall not perform acts that are the official responsibility of other 
court officials. 

  

Section 4.3   Impartiality and Confidentiality 

  
Each registered, certified or otherwise qualified interpreter appointed by Alabama’s courts 
shall agree to each of the following:  
 

(a) Interpreters shall remain impartial.  Interpreters shall not engage in conduct that 
allows the appearance of partiality.  Interpreters shall disclose to the court any possible 
conflict of interest.  Any condition that may interfere with the objectivity of the 
interpreter may be considered a conflict of interest.   

Examples of actual or apparent conflicts of interest include the following:  

 

 

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1. The interpreter is a friend, associate, or relative of a party or an attorney for a 

party involved in the proceeding;  

2. The interpreter has served in an investigative capacity for a party or attorney 

involved in the proceeding;   

3. The interpreter has assisted a law enforcement agency in the preparation of the 

criminal case at issue;     

4. The interpreter or member of the interpreter’s family has a financial interest in the 

case, or any other interest that could be affected by the outcome of the case;         

(b)  Interpreters shall disclose to the court and other parties when they previously have 
been retained for private employment by a party or attorney in the case.  

c)  Interpreters shall not serve in any matter in which payment for their services is 
contingent upon the outcome of the case.  

d)  Other than authorized payment for court interpreter services, interpreters shall not 
accept money, favors or other consideration which could be considered as an attempt 
to influence the discharge of their interpreter duties.   

e)  Interpreters shall not accept payment directly from or on the behalf of a person for 
whom the interpreter is being paid by the State to provide interpreting services.  
 

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5. The interpreter has assisted in a party’s choice of attorney for the case.  

 

 

 

 

 

 

 

 

 

(f)   An interpreter who is also a licensed attorney shall not serve in both capacities in 
the same legal matter.  

g)  Interpreters shall notify the court of any personal bias they may have in any aspect 
of a case.   

h)  Interpreters shall preserve the confidentiality of any privileged or confidential 
information they interpret.  

i)  Interpreters shall not publicly discuss or comment on a matter in which they are 
providing interpreter services.  An interpreter shall not allow interviews with the media, 
or otherwise express personal opinions regarding a case. 

(j)  Interpreters shall strive for professional detachment.  Verbal and non-verbal 
displays of personal attitudes, prejudices, emotions, or opinions should be avoided at 
all times.  

k)  For the duration of the proceedings, interpreters shall neither interact with nor 
socialize with the parties, attorneys, witnesses, jurors, presiding officials or friends or 
relatives of one of these persons, except when carrying out their official duties.  

l)  Interpreters must also refrain from repeating or disclosing information obtained by 
them in the course of their employment that may be relevant to the legal proceeding.  

m)  In the event that an interpreter becomes aware of information that suggests 
imminent harm to someone or relates to a crime being committed during the course of 
the proceedings, the interpreter shall immediately disclose the information to an 
appropriate authority within the judiciary who is not involved in the proceeding and 
seek advice in regard to the potential conflict in professional responsibility.    

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n)  No court interpreter shall comment or render an opinion on the propriety or 
impropriety of a verdict in any matter in which he or she has served.  

 
SECTION 5 
BEST PRACTICES 
FOR FOREIGN LANGUAGE COURT INTERPRETERS  
  
Section 5.1   Effective Preparation for and Delivery of Interpreting Services 

A. Pre-Hearing Activities  

When possible, the interpreter should meet with the NES individual and his or her attorney 
prior to the court proceeding. This will allow the interpreter to become familiar with the 
NES individual’s dialect and manner of speaking. Also where possible, the interpreter 
should determine the type of case in which he or she will be providing interpreter services. 
This will allow the interpreter to identify and study any specialized terminology that may be 
used during the proceeding.  

 

 

 

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B. Courtroom Protocol  

The judge or presiding judicial official governs the behavior of the parties, attorneys, court 
employees, and other persons in the courtroom. The interpreter should abide by the 
instructions and rules of this official at all times. The following policies may also provide 
the interpreter with general guidance:   

 

 

 

 

 

 

• Arrival: The interpreter should arrive at least fifteen minutes prior to the start of 
the proceeding and notify the court official. 

• Courtroom location: Unless the interpreter is using sound equipment that allows 
interpretation from any point in the courtroom, the interpreter interpreting 
simultaneously for a NES party should be seated with the party at the counsel table. 
When consecutively interpreting the testimony of an NES witness, the interpreter 
should be close to the witness, but in such a manner that the judge, parties, 
attorneys and jurors are able to view the witness. The interpreter should interpret a 
witness’s testimony so that the judge, parties, attorneys, jurors and the court 
reporter are able to hear and understand the interpreter. Still, the interpreter should 
be as unobtrusive as possible throughout the proceeding.   

• Equal access: The interpreter’s purpose is to place each NES individual in a 
situation equivalent to that of any English-speaking person. Accordingly, the 
interpreter should interpret for each NES individual everything that an English 
speaking person would hear.    

• Verbatim vs. complete interpretation: A verbatim interpretation is not 
necessarily a complete and accurate interpretation.  Accordingly, an interpreter 
should not provide a verbatim interpretation if the interpretation would essentially 
rob the statement of its meaning. This is particularly true for idiomatic expressions. 
For example, a verbatim translation of the phrase "we kept tabs on him" may fail to 
convey the actual meaning of the phrase to the NES person.   

• Problems with interpretation: If the interpreter becomes concerned about his or 
her ability to interpret for a particular case or for a particular person, or if the 
interpreter becomes concerned about a possible conflict of interest, the interpreter 
should notify the court immediately. The interpreter should also inform the court of 
any material mistakes the interpreter realizes he or she has made while 
interpreting.   

• Use of first and third person: If it becomes necessary for the interpreter to 
address the court during the proceeding, the interpreter should speak in third 
person. For example, the interpreter should say, "Your Honor, The Interpreter was 
unable to hear counsel’s question."  

  However, the interpreter should always render a witness’ testimony in first person. 

For example, if a witness responds, "I saw the defendant around 10:00," the 
interpreter should not interpret this as: "The witness says she saw the defendant 
around 10:00."  

 

 

 

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  Observing these rules will allow the official court record to reflect clearly when the 

interpreter is speaking on his or her own behalf, and when the interpreter is 
rendering the testimony of a witness.   

 

• Departure: When the proceeding concludes, the interpreter should not leave the 
courtroom until the court official formally excuses the interpreter.   

Section 6  

BEST PRACTICES FOR COURT OFFICIALS IN CASES INVOLVING                    

FOREIGN LANGUAGE INTERPRETING  

Section 6.1  Coordination of interpreter services 

ach presiding circuit judge may identify an individual to coordinate interpreter services for 

the courts in that circuit.  (e.g. circuit clerk, assistant or deputy clerk of court, judicial 
assistant, administrator, etc).  
  

Section 6.2  Preparation for and Delivery of Interpreting Services 

A. Pre-hearing activities  

The court may encourage the interpreter to meet with the NES individual prior to the 
hearing in order to become familiar with the person’s dialect and manner of speech. The 
court should also encourage counsel to share with the interpreter any documents that the 
interpreter could be asked to sight translate during the proceeding.   

B. Instructions  

The court may introduce the interpreter and provide certain instructions to the parties, the 
attorneys and the jury on the proper role of the interpreter. Specifically, the court may want 
to provide the following instructions:   

 

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1. The interpreter’s role and purpose is limited to facilitating 
communication. (The interpreter may not provide legal advice or 
assistance to any party).   

2. Participants in the legal proceeding should speak directly to one 
another, not to the interpreter. For example, an attorney should ask 
questions to the NES witness directly. The attorney should not ask 
questions by instructing the interpreter: "Ask the witness when she saw 
the defendant."  Likewise, the NES witness should respond directly to the 
attorney asking the question, not to the interpreter.  

3. The interpreter must render everything that is said in the courtroom 
completely and accurately. The interpreter may not elaborate, explain, 
clarify, add to, or omit information from the original statements.  

4. The jury should not give any weight to the fact that a party or witness 

 

 

 

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requires the assistance of an interpreter, and the jury should be so 
instructed. 

5. The court reporter records only the English spoken during the 
proceeding. In the verbatim transcript of the proceeding, the reporter 
should indicate when a witness or party is speaking through an interpreter.    

C. Calendar Efficiency  

The court may arrange and docket cases requiring interpreters for efficient case 
management.  The court may appoint one or more interpreters to remain available during 
an entire court docket.  (See Section 3.7 Appointment by Docket).   

D. Courtroom Environment  

The court should attempt to ensure that all participants speak audibly and clearly, that all 
participants speak at a reasonable rate of speed, and that the participants speak only one 
at a time.   

• Notepads and Dictionaries: Interpreters should regularly use notepads and 
bilingual dictionaries to assist them in performing their duties. The court should 
encourage interpreters to use these resources and may want to explain to the jury 
and the other participants why the interpreters are using them.   

• Interpreting equipment: Interpreters also may use wireless interpreting equipment 
for simultaneous interpretation. The interpreter speaks into a transmitter and the 
interpretation is transferred to a receiver used by the NES individual.  The court 
may need to explain to the jury or the other participants the nature of the equipment 
and why the interpreter is using it.   

• Use of audiotape back-up: In the more serious cases, the court may want to order 
that the proceedings be recorded on audio tape. This will provide a record of the 
original statements made in the foreign language.  This may assist in resolving 
questions that could arise regarding the adequacy of the interpretation.   

E. Team Interpreting  

For lengthy proceedings, the court may appoint a team of interpreters to avoid fatigue and 
loss of accuracy.  Team interpreting avoids the necessity of calling for numerous breaks 
and moves the case along at a more efficient pace.  

The court may want to use an oath similar to that set out in Section 3.5. If an interpreter 
provides regular services in a certain court, the court may want to require the interpreter to 
sign a written oath that the court keeps on file.  In all cases, the record should reflect the 
interpreter’s oath and/or the adequacy of the interpreter’s prior written oath.    

F. Oath  

 

 

 

 

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G. Translated forms  

Translating documents is not the same as interpreting.  However, court officials may want 
to ask the AOC for assistance when certain court forms need to be translated and made 
available.  

 

SECTION 7  

 

 

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COMPENSATION OF FOREIGN LANGUAGE INTERPRETERS  

Section 7.1  Payment for Interpreter Services 

  
A. Invoice for Payment  
  
Interpreters shall be paid at a rate and schedule established by the ADC with the advice 
and consent of the State Comptroller.  Interpreters shall submit to the State Comptroller 
the required request for payment for review and approval pursuant to Ala. Code (1975) § 
15-1-3.  
  
B. Billable Hours of Work  
  
Interpreters shall be paid pursuant to Ala. Code (1975) § 15-1-3.  Interpreters shall be paid 
for the time in court providing interpreter services plus expenses for travel. An interpreter’s 
rate of pay shall be determined by the interpreter’s level of certification.  (See Attachment 
B.)       

hould a proceeding requiring an appointed interpreter be cancelled or otherwise 

continued by the court, the court shall attempt to provide the interpreter at least 48 hours 
notice of the cancellation.  Should the court not provide the interpreter with such notice, 
the interpreter may submit to the judge a claim for any associated time at court, and for 
any related expenses, fees and travel.    
   
C. Payment for Travel  
  
An interpreter may be reimbursed for travel as allowed for state employees.  

. Payment by Contract or other Agreement 

n interpreter may provide court interpreter services and be paid pursuant to contract or 
agreement with the Administrative Office of Courts and approval by the State Comptroller. 
(See Section 3.7 Appointment by Docket). 

Section 7.2.  Responsibility for Payment 

Foreign language interpreters providing services in criminal and juvenile proceedings are 
paid by the State.  However, the law does not prohibit the court from taxing the 

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interpreter’s fees and expenses as costs at the end of the case to be paid by one or more 
of the parties.   

SECTION 8  

CERTIFICATION OF FOREIGN LANGUAGE INTERPRETERS  

Section 8.1   Certification of Foreign Language Interpreters  

Certification as a foreign language interpreter requires compliance with all rules and 
involves procedures established by the AOC, including the following:   

• Complete an Interpreter Application and submit to a criminal background check;  

• Pass all written vocabulary, translation and interpreter examinations administered 
by the AOC; 

• Submit four letters of recommendation from a judge, clerk, district attorney, public 
defender or magistrate, or other person, regarding the candidate’s interpreting 
abilities and services;  

• Pass all sections of the court interpreter verbal certification examination developed 
by the State Court Interpreter Certification Consortium or by the Federal Court 
Interpreter Certification Examination Program 

• Sign the Oath of Interpretation;  

• Agree to be listed in the AOC FLS Registry;  

• Agree to abide by these policies and best practices, including all rules regarding 
ethical conduct and professional responsibility.   

• Pay any and all interpreter registration, certification, and other fees established by 
the AOC;  and 

• Participate in any required orientation sessions, continuing education courses, 
evaluations and certification renewal procedures as required by the AOC.  

Established levels of Certification are listed in Attachment B).  

Section 8.2  Certification Examination 

The AOC will administer court interpreter certification examinations developed in 
accordance with the test construction standards established by the Consortium for State 
Court Interpreter Certification. The ADC may determine how often, at what locations, and 
for what languages the AOC will administer such examinations. The ADC may also 
establish rules and procedures to determine persons eligible to take such examinations.  

 

 

 

 

 

 

 

 

 

 

 

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The AOC will work with the Consortium for State Court Interpreter Certification to analyze 
and verify the test results and determine persons who have achieved a passing score.  In 
addition to any practical skills examination developed by the Consortium, the AOC may 
also require applicants to pass written examinations addressing general language 
proficiency, court-related terms and usage, ethics and professional conduct.  

Section 8.3  Good Character and Fitness 

Foreign language interpreters are entrusted by the court with a significant degree of 
responsibility.  The good character and fitness of the applicant is therefore a crucial factor 
in determining whether an applicant is eligible for certification.  In determining whether an 
applicant has demonstrated good character and fitness, the AOC shall rely on information 
including a criminal background check of the applicant and recommendations from 
individuals who have known and worked with the applicant. The determination of whether 
a person has demonstrated good character and fitness sufficient to serve as a certified 
interpreter rests with the AOC.  

Section 8.4  Registry of Certified Interpreters 

The AOC will list on its FLS Registry the interpreters who have registered, and interpreters 
who have both registered and achieved one or more level of certification as court 
interpreters. The list will include the name, address, telephone number and other contact 
information of each registered and certified interpreter. The AOC will make the FLS 
Registry available to Alabama’s court personnel and to the public.   

Section 8.5  Performance Evaluation and Certification Renewal 

The AOC may institute procedures for the evaluation and performance enhancement of all 
registered foreign language interpreters.  The AOC may establish procedures for post-
certification training sessions, criminal background checks, and other requirements for 
interpreter registration, certification and certification renewal.  

 

 

SECTION 9 

SANCTIONS 

Section 9.1 Purpose 

The AOC will monitor the quality of interpreter services provided in Alabama’s courts, and 
the ADC shall maintain the authority to sanction, suspend and/or revoke the registration 
and certification of any foreign language interpreter providing services in Alabama’s 
courts.   

Section 9.2 Reasons for Suspension and Revocation 

Registration or Certification status may be suspended or revoked by the ADC for any 
reason adversely affecting the Alabama Unified Judicial System, including any of the 
following reasons:  

 

 

16 

 

 

 

 

 

 

1. false or deceptive advertising  

2. disclosure of confidential or privileged information  

3. incompetence, unprofessional behavior, or unethical conduct, including 
misrepresentation of interpreter qualifications  

4. failing to appear as scheduled, or failing to follow an order of the court without 
good cause  

5. engaging in behavior that constitutes discrimination or harassment   

6. noncompliance with any training, certification or registration requirements  

 

Section 9.3  Complaint Procedures 

A. Filing a Complaint  

Any complaint against a foreign language interpreter must be submitted in writing, signed 
by the complainant, and mailed or delivered to the ADC at 300 Dexter Avenue, 
Montgomery, AL  36104.  The complaint shall include the date(s), time(s), location and 
nature of the alleged improper conduct.  The complainant shall include the name(s), 
title(s), and telephone number(s) of all possible witnesses.   If the complainant is unable to 
communicate in written English, the complainant may advise the ADC of the need for an 
interpreter.   

B.  Reviewing the Complaint  

The ADC shall review the complaint and allegations that could constitute grounds for 
sanctions, suspension or revocation.  If the ADC determines that such grounds do not 
exist, the ADC shall dismiss the complaint and notify the interpreter and complainant via 
first class mail. The ADC’s notification and explanation shall be made within sixty (60) 
days of receiving the complaint.  Such a determination by the ADC shall be final.    

If such grounds for sanctions, suspension or revocation are established, the AOC shall 
conduct an investigation. 

C. Investigating the Complaint  

After review of a complaint that constitutes grounds for sanctions, suspension or 
revocation, the AOC shall investigate the allegations contained in the complaint.  The 
interpreter will be given the opportunity to respond and this response shall be made part of 
any investigation report.  At the conclusion of the AOC’s investigation, and within sixty (60) 
days of receiving the complaint, ADC shall determine whether grounds exist for sanctions, 
suspension or revocation of the interpreter’s registration and certification.  

 

 

 

17 

D. Dismissing the Complaint following investigation  

After investigating and determining that no conduct occurred that would be grounds for 
sanctions, suspension or revocation, the ADC shall dismiss the complaint and notify the 
interpreter and the complainant of the dismissal by first class mail.  This notification shall 
include an explanation of the reason(s) for the dismissal.  The ADC’s dismissal of the 
complaint shall be final.  

E.  Sanctions, Suspension or Revocation following investigation 

After investigating and determining that the conduct constitutes grounds for sanctions, 
suspension or revocation, the ADC shall determine what sanctions are warranted.  The 
ADC, within thirty (30) days after reviewing the results of the investigation, shall send to 
the interpreter, by certified mail, a copy of the complaint, a copy of the investigation report, 
a listing of the policies, rules and/or laws violated by the interpreter, and the sanctions 
deemed appropriate.  Such a determination by the ADC shall be final.  

F. Sanctions   

If it is determined by the ADC that sanctions, suspension or revocation is warranted, the 
following sanctions or combination of sanctions may be applied*:  

 

 

 

 

 

 

• Issuing a private or public reprimand  

• Specifying corrective action with which the interpreter must comply in order to 
remain on the AOC FLS Registry and remain certified by the AOC  

• Suspension of work by the interpreter within Alabama’s courts  

• Prohibition of work by the interpreter within Alabama’s courts  

• Suspension of registration and certification for foreign language interpreting  

• Revocation of registration and certification for foreign language interpreting  

If the sanctions include suspension and/or revocation of the interpreter’s registration and 
certification, the ADC shall specify the conditions and timeframe, if any, within which the 
interpreter may apply for reinstatement of certification and registration status.  

*Any sanction, suspension or revocation of an interpreter’s certification or registration 
status will be reported to the National Center for State Courts. 

G. Reinstatement  

An interpreter whose court certification or registration status has been suspended or 
revoked may apply in writing to the ADC for reinstatement within the timeframe of the 
suspension/ revocation issued by the ADC.  The ADC shall have sole discretion in 
determining whether the conditions for reinstatement have been satisfied.  

 

 

 

18 

SECTION 10 
 
UNIFORM USE OF QUALIFIED INTERPRETERS 

10.1 General Proceedings.   

 

 

19 

Each of the following may apply to court proceedings in Alabama’s District, Circuit 

and Juvenile courts where non-English speaking parties or witnesses are in need of 
foreign language interpreters. 

A)  According  to  the  law,  an  interpreter  shall  be  appointed  when  the  court,  after 
examination,  determines  that:  (1)  the  party  cannot  understand  and  speak  English  well 
enough to participate fully in the proceedings and/or assist counsel; and/or (2) the witness 
cannot speak English well enough to be adequately understood directly by counsel, court, 
and  the  jury.    When  making  this  examination,  the  court  should  examine  the  party  or 
witness  on  the  record.    The  fact  that  a  person  for  whom  English  is  a  second  language 
knows  some  English  should  not  prohibit  that  individual  from  being  allowed  to  have  an 
interpreter. 

. Active vocabulary in vernacular English (for example: "How did you come to the 
court  today?",  "What  kind  of  work  do  you  do?",  "Where  did  you  go  to  school?", 
"What  was  the  highest  grade  you  completed?",  "Describe  what  you  see  in  the 
courtroom", "What have you eaten today?"). Questions should be phrased to avoid 
"yes or no" replies; and 

. The court proceedings (for example: the nature of the charge or the type of case 
before the court, the purpose of the proceedings and function of the court, the rights 
of a party or criminal defendant, and the responsibilities of a witness). 

  2

  3

B)  To  determine  if  an  interpreter  is  needed,  the  court  may  include  questions  to  the 
requesting party or witness addressing the following: 
 

1. Identification (for example: name, address, birth date, age, place of birth); 

C) After examination, the court should state its conclusion on the record; and the court file 
should  be  clearly  marked  with  data  entered  to  ensure  that  a  qualified  interpreter  will  be 
provided by the court at subsequent hearings when needed.  

D)  For  good  cause,  the  court  may  authorize  a  pre-appearance  interview  between  the 
interpreter  and  the  party  or  witness.  Good  cause  may  exist  when  the  interpreter  needs 
clarification  on  any  interpreting  issues,  including  but  not  limited  to:  colloquialisms, 
culturalisms, dialects, idioms, linguistic capabilities and traits, regionalisms, register, slang, 
speech patterns, or technical terms. 

E) When a Certified interpreter has not been appointed, the court should give instructions 
to the otherwise qualified interpreter, either orally or in writing, that substantially conform to 

 

   

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  (

  (

 

1.  Do  not  discuss  the  pending  proceedings  with  a  party  or  witness,  outside  of 
professional employment in the same case. 

. Do not disclose communications between counsel and client.  

. Do not attempt to give legal advice to a party or witness. Refer legal questions to 

the attorney or to the court. 

.  Inform  the  court  if  you  are  unable  to  interpret  a  word,  expression,  special 
terminology,  or  dialect,  or  have  doubts  about  your  linguistic  expertise  or  ability  to 
perform adequately in a particular case. 

.  Interpret  all  words,  including  slang,  vulgarisms,  and  epithets,  to  convey  the 

intended meaning. 
 

 

6.  Use first and third person: If it becomes necessary for the interpreter to address 
the court during the proceeding, the interpreter should speak in third person. For 
example, the interpreter should say, "Your Honor, The Interpreter was unable to 
hear counsel’s question."  

  However, the interpreter should always render a witness’ testimony in first person. 

For example, if a witness responds, "I saw the defendant around 10:00," the 
interpreter should not interpret this as: "The witness says she saw the defendant 
around 10:00."  

Observing these rules will allow the official court record to reflect clearly  when the 
interpreter  is  speaking  on  his  or  her  own  behalf,  and  when  the  interpreter  is 
rendering the testimony of a witness.  

. Direct all inquiries or problems to the court and not to the witness or counsel.  If 
necessary,  you  may  request  permission  to  approach  the  bench  with  counsel  to 
discuss a problem. 

8. Position yourself near the witness or party without blocking the view of the judge, 
jury, or counsel. 

. Inform the court should you become fatigued during the court proceedings.  

0. When interpreting for a party at counsel table, speak loudly enough to be heard 

by the party or counsel but not so loudly as to interfere with the proceedings. 

1. Interpret everything including objections. 

2. If the court finds good cause, you may hold a pre-appearance interview with the 
party or witness to become familiar with speech patterns and linguistic traits and to 

  2

  3

  4

  5

  7

  9

  1

  1

  1

 

 

20 

 

 

the following:  
 

determine what technical or special terms may be used. Counsel may be present at 
the pre-appearance interview.  

3. During the pre-appearance interview with a non-English speaking witness, give 
the  witness  the  following  instructions  on  the  procedure  to  be  followed  when  the 
witness is testifying: 
 

(a) The witness must speak in a loud, clear voice so that the entire court and 
not just the interpreter can hear. 

(b) The witness must direct all responses to the person asking the question, 
not to the interpreter. 

c) The witness must direct all questions to counsel or to the court and not to 
the  interpreter.  The  witness  may  not  seek  advice  from  or  engage  in  any 
discussion with the interpreter. 

  (

(d) During  the  pre-appearance  interview  with  a  non-English  speaking  party, 
give  the  following  instructions  on  the  procedure  to  be  used  when  the  non- 
English  speaking  party  is  not  testifying:  (i)  The  interpreter  will  interpret  all 
statements  made  in  open  court.  (ii)  The  party  must  direct  any  questions  to 
counsel.  The  interpreter  will  interpret  all  questions  to  counsel  and  the 
responses. The party may not seek advice from or engage in discussion with 
the interpreter. 

(F)  The  court  or  the  court's  designee  should  give  the  following  instructions  to  counsel, 
either orally or in writing:  
 

1.  When  examining  a  non-English  speaking  witness,  direct  all  questions  to  the 
witness and not to the interpreter. (For example, do not say to the interpreter, "Ask 
him if . . .”); 

. If there is a disagreement with the interpretation, direct any objection to the court 
and  not  to  the  interpreter.  Ask  permission  to  approach  the  bench  to  discuss  the 
problem;  

.  If  you  have  a  question  regarding  the  qualifications  of  the  interpreter,  you  may 
the 

to  conduct  a  supplemental  examination  regarding 

request  permission 
interpreter’s qualifications. 

10.2 Criminal Proceedings 

A) Each  non-English  speaking  defendant  or  witness  should be provided  with  a  qualified 
interpreter at each step of the proceedings.  Within the judge’s discretion, the interpreter’s 
costs may be assessed upon a defendant when appropriate. 
 

  1

 

 

 

  2

  3

 

 

21 

 

  (

 

(B) A non-English speaking person may waive the right to a qualified interpreter. However, 
such a waiver must be in writing and approved by the court. The court should determine 
on  the  record  that  the  right  to  a  qualified  interpreter  has  been  waived  knowingly  and 
voluntarily,  utilizing  the  services  of  the  most  available  qualified  interpreter.  Additionally, 
counsel may waive the presence of a qualified interpreter in bond hearings.  

C)  The  court  should  provide  a  qualified  interpreter  to  any  non-English  speaking  person 
whenever  the  non-English  speaking  person  is  a  party,  or  has  been  subpoenaed,  or 
summoned or has otherwise been compelled to appear in a court proceeding.  Within the 
judge’s discretion, costs can be assessed upon a defendant when appropriate. 

10.3 Civil Proceedings 

A)  Upon  request,  each  non-English  speaking  person  should  be  provided  a  copy  of  the 
Foreign Language Interpreter Registry maintained by the AOC.  

B)  Each  non-English  speaking  party  has  the  right  to  a  qualified  foreign  language 
interpreter  at  the  expense  of  the  non-English  speaking  person.    Notice  of  use  of  an 
interpreter must be provided to the court and to all parties.   See Rule 43(f) ARCP. 

C) Should the court consider and approve a pauper’s affidavit in any civil case, the person 
filing  the  affidavit  and  requiring  a  foreign  language  interpreter  should  be  provided  a 
qualified interpreter. 
 

10.4 Juvenile Proceedings 

A)  Each  non-English  speaking  person  in  a  delinquency  proceeding  or  whose  parental 
rights  to  full  custody  of  any  minor  child  are  challenged  by  any  governmental  unit  or 
agency,  must  be  provided  a  qualified  foreign  language  interpreter  at  each  step  of  the 
proceedings. 

B)  The  court  must  provide  a  qualified  foreign  language  interpreter  to  any  non-English 
speaking  person  whenever  such  person’s  rights  to  full  custody  of  any  minor  child  are 
challenged due to dependency, delinquency or neglect.   

C) The qualified foreign language interpreter must be available when legal counsel is not 
able to effectively communicate with the non-English speaking party.  

D)  A  non-English  speaking  person  may  waive  the  right  to  the  use  of  a  qualified  foreign 
language interpreter. Such a waiver should be in writing and approved by the court. The 
court shall determine, on the record, that the right to such an interpreter has been waived 
knowingly and voluntarily utilizing the services of the most available qualified interpreter. In 
no  event  shall  the  failure  to  request  a  foreign  language  interpreter  be  deemed  to  be  a 
waiver. 
 

 

 

22 

  (

   

  (

  (

  (

  (

  (

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10.5  Replacement of interpreter. 

he court should determine whether the interpreter is able to accurately communicate with 
the non-English speaking person. If it is determined that the interpreter cannot adequately 
communicate with the non-English speaking person, the court must terminate the services 
of the current interpreter, and appoint a separate qualified interpreter. 
 

10.6  Interpreter’s fees and expenses. 

ualified  foreign  language  interpreters’  fees  and  costs  in  any  criminal  or  juvenile 
proceeding  are  established  by  the  ADC  pursuant  Ala.  Code  (1975)  §15-1-3.  An 
interpreter’s  fees  and  costs  may  be  assessed  by  the  court  as  costs  at  the  end  of  such 
proceeding. 

  T

  Q

                                                                 

 

 

 

23 

SECTION 11 

ETHICAL STANDARDS FOR INTERPRETERS 

Interpreters  have  an  obligation  to  maintain  the  integrity  of  Alabama’s  Unified 
Judicial  System.  With  the  court’s  knowledge  and  approval,  interpreters  may  refer  a 
particular case to another interpreter as a result of technical difficulties, cultural biases or 
personal interests.    Also,  while  interpreters are  allowed  to  advertise,  all  statements  as  to 
the  interpreter’s  qualifications  must  be  truthful.  Interpreters  may  not  guarantee  a  specific 
result,  and  an  interpreter’s  statements  must  be  accurate,  clear,  truthful,  and  not 
misleading.  

Interpreters must abide by the Foreign Language Interpreters’ Code of Professional 

Responsibility. 

 
FOREIGN LANGUAGE INTERPRETERS’ 
CODE OF PROFESSIONAL RESPONSIBILITY 

nterpreters serving in Alabama’s district, circuit and juvenile courts shall: 

.  Act  strictly  in  the  interest  of  the  court  during  proceedings  before  the  court  and  with 
fidelity to the non-English speaker for whom you are providing interpreter services; 

I.  Reflect  proper  court  decorum,  and  act  with  dignity  and  respect  to  court  officials  and 
other staff of the court; 

II. Avoid professional or personal conduct that could discredit you or the court;  

V.  Work  unobtrusively  so  that  attention  is  focused  on  the  parties  or  witnesses,  and  not 
yourself as the interpreter; 

. Accurately provide your qualifications as a court interpreter; 

I. Refuse any assignment for which you are not qualified or under conditions which could 

substantially impair your effectiveness; 

II.  Disclose  to  the  court  and  parties  any  prior  involvement  with  a  case;  private 

involvement with a party or witness; or with others significantly involved in the case;  

III.  Interpret  accurately  and  faithfully  without  indicating  any  personal  bias,  avoiding  the 

appearance of partiality;  

X. Preserve the level, style, tone and intent of the language used and the ambiguities and 
nuances of the speaker, without alteration, omission or addition;  

.  Inform  the  judge  and  counsel  if  the  non-English  speaker  cannot  understand  the 

 

 

   

  I

  I

  I

  I

  I

  V

  V

  V

  V

  I

  X

 

 

 

24 

language level and ask for simplification; 

I. Request clarification of ambiguous statements or unfamiliar vocabulary from the judge 

or counsel; 

II. Promptly notify the court of any error in your interpretation; 

III.  Continually  improve  your  interpreter  skills  and  knowledge  through  activities  such  as 

professional training and education;  

IV. Maintain impartiality by avoiding undue contact with witnesses, attorneys, interested 

parties, and jurors before and during the case;  

V.  Do  not  take  advantage  of  knowledge  obtained  in  the  performance  of  your  official 

duties for your own personal gain; 

VI. Do not disclose any information pertaining to court cases unless ordered otherwise by 

the court; 

employee of the court;  

VII. Inform the presiding judge should you feel harassed or intimidated by any officer or 

VIII.  Immediately  report  to  the  court  any  solicitations  or  efforts  by  another  to  induce  or 
encourage  you  to  violate  any  law,  standard,  or  any  part  of  this  Code  of  Professional 
Responsibility; 
  
XIX. Accept no money, gift or other benefit in excess of the authorized compensation for 
the performance of interpretation duties;  

X. Refrain from expressing your personal opinion in a matter before the court;  

XI. Do not give any kind of legal advice whether solicited or not. In all instances, the non- 

English speaker shall be referred to the judge or counsel; 

XII.  Do  not  act  as  an  individual  referral  service  for  any  attorney.  If  asked  by  a  non- 
English speaker to refer the speaker to an attorney, direct such individual to the local bar 
association or to an indigent defense office;  

XIII. Agree to be bound by this Code. Violations of this Code may result in your removal 
from any qualified interpreter listing maintained by the AOC; and willful violation may result 
in additional sanctions. 

  X

  X

  X

  X

    X

  X

  X

  X

  X

  X

  X

  X

 

 

 

25