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CERTIFICATION OF UNAVAILABILITY OF
CERTIFIED OR REGISTERED INTERPRETER
INT-120
FOR COURT USE ONLY
(FILE WITH THE COURT ADMINISTRATOR)
INTERPRETER'S NAME:
LANGUAGE:
Number of six- month periods this interpreter has been used:
Within
Beyond the period allowed by Cal. Rules of Courts, rule 2.893.
INSERT NAME OF COURT, JUDICIAL DISTRICT, AND BRANCH COURT, IF ANY:
1.
2.
3.
4.
a.
b.
(1)
(2)
(3)
(4)
CERTIFICATION OF UNAVAILABILITY
I am the person responsible for assigning interpreters to this court.
Case Number:
Date of Proceeding:
I have read and understand Government Code sections 68560.5 and 68561 mandating the use of certified court interpreters in
court proceedings in languages that have been designated by the Judicial Council, and the use of registered interpreters in
proceedings in languages not designated by the Judicial Council.
After making a diligent search, I certify that NO CERTIFIED OR REGISTERED COURT INTERPRETER IS AVAILABLE ON THIS
DATE to interpret in the language stated above.
I have diligently attempted to contact all certified or registered court interpreters for this language in this county and in the
neighboring counties of (specify):
5.
I attempted to contact interpreters on the Judicial Council Master List of Certified Court Interpreters.
I have also made the following efforts to obtain an interpreter (see section 2.0, p.2):
I attempted to contact the regional coordinator for this region.
I attempted to contact interpreters on the list of Federal Certified Interpreters (Spanish, Haitian-Creole, or Navajo
only).
I attempted to contact interpreters on the Master List of Certified Administrative Hearing Interpreters
published by the State Personnel Board.
I attempted to contact interpreter agencies in this area.
c.
The scheduled interpreter canceled less than 24 hours before the proceeding.
6.
I certify that the Qualifications of a Noncertified or Nonregistered Interpreter (form INT -110) for the interpreter named above was
filed with the court administrator within the past six months.
7. I certify that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF
COURT ADMINISTRATOR
DESIGNEE)
Form Adopted for Mandatory Use
Judicial Council of California
INT-120 [Rev. January 1, 2009]
CERTIFICATION OF UNAVAILABILITY OF
CERTIFIED OR REGISTERED INTERPRETER
(See procedures on reverse)
Page 1 of 3
Gov. Code, sections 68561(c),
71802(b)(1), and (d)
Cal. Rules of Court, rule 2.893
www.courtinfo.ca.gov
PROCEDURES FOR DETERMINING UNAVAILABILITY OF A
CERTIFIED OR REGISTERED COURT INTERPRETER
(Gov. Code, sections 68561(c), 68564(d), 71802(b)(1) and (d))
INT-120
1.1
1.2
1.3
3.1
3.2
1.0
Definitions
"Certified court interpreter" means a natural person who holds a valid certificate as a certified court interpreter issued by the
Judicial Council or by a certification entity approved by the Judicial Council (Gov. Code, section 68566). (Note: Only
interpreters of a designated language may be certified. As of January 1, 1996, interpreters named on the list previously
established by the State Personnel Board, or interpreters with documentation from the State Personnel Board or any other
entity, are not "certified court interpreters," unless they also possess a valid certificate from the Judicial Council.)
"Registered court interpreter" means any person who interprets in a court proceeding using a language not designated by the
Judicial Council whom the court qualifies under procedures and guidelines adopted by the Judicial Council AND who passes
an English fluency examination offered by a testing entity approved by the Judicial Council. (Gov. Code, section 68561(d).)
"Designated languages" are the following languages now designated by the Judicial Council: Arabic, Armenian (Eastern),
Armenian (Western) , Cantonese, Japanese, Korean, Mandarin, Portuguese, Russian, Spanish, Tagalog, and Vietnamese. The
designated languages may change depending on the results of a language use and need study (Gov. Code, section 68562(a)).
1.4
"Diligent search" refers to the procedures (outlined below in section 2.0) followed by the court in good faith to find a certified
or registered court interpreter in the target language.
1.5
"Interpreter coordinator" refers to the person who is responsible for assigning interpreters to a court.
2.0
Procedures for Diligent Search
2.1
Before the court may use a noncertified or nonregistered interpreter, the interpreter coordinator shall attempt to contact
interpreters on the Judicial Council Master List of Certified Court Interpreters. If no certified or registered court interpreter is
available, the interpreter coordinator shall take the following steps in the order listed:
a.
b.
c.
d.
The interpreter coordinator shall attempt to contact the regional coordinator for the region.
The interpreter coordinator shall attempt to contact interpreters on the list of Federal Certified Interpreters (Spanish,
Haitian-Creole, or Navajo only).
The interpreter coordinator shall attempt to contact interpreters on the Master List of Certified Administrative Hearing
Interpreters published by the State Personnel Board.
The interpreter coordinator shall attempt to contact interpreter agencies in the area.
3.0
Procedures Upon Finding of Unavailability
If a certified or registered court interpreter cannot be located, this form documenting the efforts made to comply with these
provisions shall be completed and filed in the case. Contact shall be maintained with the courtroom officers to keep them
apprised of the status of efforts to locate a certified or registered court interpreter.
The judge may choose to continue the matter until a certified or registered court interpreter is available.
OR
INT-120 [Rev. January 1, 2009]
CERTIFICATION OF UNAVAILABILITY OF
CERTIFIED OR REGISTERED INTERPRETER
Page 2 of 3
PROCEDURES FOR DETERMINING UNAVAILABILITY OF A
CERTIFIED OR REGISTERED COURT INTERPRETER
(Gov. Code, sections 68561(c), 68564(d), 71802(b)(1) and (d))
INT-120
3.3
The judge may determine that it is acceptable to proceed with a noncertified or nonregistered interpreter. If so, the judge on the
record shall (1) find that good cause exists for the court to appoint a noncertified or nonregistered interpreter; (2) find the
noncertified or nonregistered interpreter to be qualified to interpret in the proceeding based on the interpreter's declaration of
qualifications and the presiding judge's order provisionally qualifying the interpreter (form INT -110), and, if the judge deems it
necessary, on the judge's examination of the interpreter; and (3) appoint the noncertified or nonregistered interpreter to
interpret in the proceeding. The court shall inform the parties that the interpreter is not certified or registered and may request a
stipulation or waiver. A party may object to the interpreter at any time during the proceeding that it appears to the party that the
interpreter is unqualified. The court shall record in the minute order or docket the name of the noncertified or nonregistered
interpreter and the other information required by California Rules of Court, rule 2.893.
3.4
If a particular matter is heard using a noncertified or nonregistered interpreter and further proceedings are set for a future date,
the interpreter coordinator shall continue efforts to obtain the services of a certified or registered court interpreter for all
subsequent hearing dates. At the discretion of the court, the interpreter appointed on a particular matter may remain on that
matter.
INT-120 [Rev. January 1 , 2009]
Page 3 of 3
CERTIFICATION OF UNAVAILABILITY OF
CERTIFIED OR REGISTERED INTERPRETER
