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Judicial Bench Card for Working with Interpreters: Quick Reference Guide
The Unified Judicial System of Pennsylvania | Language Access Program
Text in shaded boxes are sample scripts for reading into the record.
Judicial Bench Card for Working with Interpreters: Quick Reference Guide
The Unified Judicial System of Pennsylvania | Language Access Program
Text in shaded boxes are sample scripts for reading into the record.
Court Checklist
OATH TO SWEAR IN AN INTERPRETER
Do you solemnly swear or affirm that you
will make an accurate, complete and
impartial interpretation from the English
language into the [target language], and
vice-versa, of all communication during this
proceeding using your best skill, judgment
and ability and that you will abide by the
Rules of Professional Conduct for Judiciary
Interpreters, and so you do swear or
affirm? 204 Pa. Code § 221. 106.
WHO PAYS FOR THE INTERPRETER?
In judicial proceedings, the court pays for an inter-
preter for: all parties, victims, and witnesses; the
parent, guardian, or anyone in loco parentis to a mi-
nor; and the parent, guardian, or anyone in loco
parentis to an incapacitated party, victim, or wit-
ness.
The court must provide and pay for an interpreter
for all deaf individuals requesting one.
Space Reserved for District-Specific Information
Provide the interpreter with case
information beforehand, or allow
him/her to review the case file.
Allow the interpreter to speak
briefly with the LEP person
beforehand to identify the
speaker’s dialect and that they can
communicate.
Establish interpreter qualifications,
determine whether any conflicts
exist, check the interpreter ID, and
administer the interpreter oath.
Explain interpreter’s role to the
parties and others as needed.
Make sure everyone speaks slowly
and clearly with pauses.
Advise participants to raise their
hand if they do not understand or
disagree with the interpretation.
Monitor the interpreter’s
performance and correct problems
and any disputes regarding
accuracy and ethical issues.
Give the interpreter breaks at least
every 30 minutes.
Team interpreting is required to
maintain accuracy in any
proceedings expected to last more
than 2 hours.
Allow Interpreters to determine
the frequency and timing of
switching while in teams.
Inform the LAC or DCA if an issue(s)
has negatively impacted a case.
Updated 12/7/21
AN INTERPRETER SHOULD BE APPOINTED
When a self-represented litigant, attorney, witness, deaf or hard of hearing person
requests an interpreter; or
■ When the court or participants have difficulty speaking to or understanding each
other, even when an interpreter is not requested.
Voir Dire to Determine Limited Ability to Speak or Understand English
Please tell me how comfortable you are speaking English.
Please tell us about an important, memorable moment in your life.
What is your favorite pastime or recreational activity?
Please describe the kind of work that you do.
Please tell me about your favorite movie or TV show.
HOW TO QUALIFY AN INTERPRETER
■ Certified interpreters
their corresponding ID card.
Full voir dire is not required.
Qualifications can be verified through their listing on the Interpreter Roster and
■ Non-certified interpreters (qualified, conditional, registered and non-rostered)
Must be voir dired on the record to ensure qualifications.
■ All Telephonic interpreters must be qualified through voir dire.
Voir Dire to Establish Interpreter Qualifications
Are you a certified interpreter listed on the interpreter roster? Do you have a
certification program ID card? (If yes, no need to continue voir dire)
What credentials do you have to serve as a court interpreter?
Do you have formal training in interpreting? If yes, when and by whom?
Have you worked in a legal proceeding before? If yes, please describe it.
Do you know the vocabulary needed to interpret in this type of case?
How did you learn both English and [the foreign language]?
Are you aware of any conflicts of interest you may have with this case?
Are you familiar with the code of professional conduct for interpreters? Tell me
Have you spoken with the LEP person, and were there any communication
some of its main points.
problems?
Judicial Bench Card for Working with Interpreters: Quick Reference Guide
The Unified Judicial System of Pennsylvania | Language Access Program
Judicial Bench Card for Working with Interpreters: Quick Reference Guide
The Unified Judicial System of Pennsylvania | Language Access Program
WHO IS ENTITLED TO AN INTERPRETER?
Any principal party in interest, witness, victim, parent or person in loco parentis, in any criminal or civil proceeding
is entitled to an interpreter. Persons with limited English proficiency (LEP) and those who are deaf or hard of hearing
face special challenges when using the judicial system and court interpreters fulfill a fundamental role in providing
access to justice and guaranteeing due process rights. An interpreter may also be appointed “for an immediate family
member of a principal party in interest.” 42 Pa.C.S. § 4412(a)-(d).
An interpreter shall be appointed by request or “sua sponte, if the presiding judicial officer determines that a principal
party in interest or witness has a limited ability to speak or understand English.” 42 Pa. Cons. Stat. Ann. § 4412 (a)
Judges shall presume a need for an interpreter when a self-represented litigant, an attorney, a witness, a deaf or hard
of hearing person requests one, or when the court or any participants have difficulty speaking or understanding each
other.
HOW DO I GET AN INTERPRETER?
Contact your Language Access Coordinator (LAC), District Court Administrator (DCA) or go to the Interpreter Certifica-
tion Program Roster page. Always submit an appropriately completed Interpreter Request Form to the LAC.
HOW DO I DETERMINE IF AN INTERPRETER IS NEEDED?
Ask open-ended questions to ascertain if the person has a limited ability to speak or understand English. Avoid ques-
tions easily answered with yes or no replies.
Even when a person can answer simple questions, an interpreter should be appointed since legal proceedings use
terminology that is often unfamiliar to people with limited ability to speak or understand English. Do not assume a
level of English proficiency based on the person’s length of residence.
HOW SHOULD I INSTRUCT AN INTERPRETER?
■ You must interpret everything that is said.
■ Use the first (“I”) person to interpret.
■ Use the third person (“the interpreter”) when referring to yourself.
■ Use the same language level and grammatical construction as the speaker.
■ Do not omit, edit, change, or polish what was said.
■ Interpret the meaning as accurately as possible.
■ Do not have any side conversations with the speaker.
■ Never answer on the speaker’s behalf.
■ You may ask the speaker to pause, repeat what was said, or slow down.
■ You may ask me for clarifications or breaks.
HOW DO I EXPLAIN THE ROLE OF THE INTERPRETER?
The judge should explain the role of the interpreter to the parties and the jury before the start of any proceeding.
1. To All Parties, Witnesses, and Others:
“The interpreter is a neutral party who is here only to interpret the proceedings and enable communication. The inter-
preter will interpret everything that is said. Speak slowly and allow the interpreter to finish before continuing. Wait un-
til the entire statement has been interpreted before you answer. Do not ask the interpreter questions. If you have a
question, ask me or your attorney. Do not engage in conversations with the interpreter. The interpreter is not allowed
to give legal advice. When speaking, speak directly to your attorney or to me. If you do not understand the interpreter
tell me. If you disagree with the interpretation, raise your hand. Do you have any questions? Do you understand my in-
structions?”
Individuals who are limited English proficient (LEP), deaf, or hard of hearing should never be expected to use informal
interpreters, such as family members, opposing parties, or their counsel, nor should the court allow them to be used.
If a deaf person is involved add “Please be aware that nodding by the deaf person usually means that they are under-
standing the interpreter, not that they agree with what is being said.”
Please refer to “Voir Dire to Determine Limited Ability to Speak or Understand English” for sample questions.
WHAT KIND OF INTERPRETER SHOULD I APPOINT?
Always use certified or otherwise qualified interpreters from the roster either in-person or remotely. Never allow
family, friends, or others with a potential stake in the outcome to interpret in court. See Table A of the Interpreter
Guidelines for specific instances of which interpreters should be appointed for which types of cases.
In-Person Interpretation
1.
In-person certified interpreters must be given preference. A qualified, conditional, or registered interpreter can be
appointed only when a certified interpreter is not available. Interpreters on the roster have been issued ID cards by
the Interpreter Certification Program.
2. To the Jury:
“An interpreter for a language other than English will be used during this proceeding. Although some of you may un-
derstand the foreign language used, it is important for all jurors to consider the same evidence. Therefore, you may on-
ly consider the testimony presented by the official interpreter[s]. You must not rely on your own interpretation of the
witness’ or other parties’ words. The evidence you are to consider is only that provided through the official court inter-
preter.”
WHO CAN I CONTACT IF THERE ARE PROBLEMS?
Concerns or questions about the interpreter’s performance: Interpreter Certification Program, 215-560-6300 or
Concerns or questions about appointment, scheduling, or payment: Judicial District Language Access Coordinator
InterpreterProgram@pacourts.us.
(LAC)
2. Remote Interpretation
Use remote audiovisual technology when you:
last not longer than one hour.
Use telephonic interpreters when:
Cannot find a certified or qualified in-person interpreter AND the proceeding is expected to
The proceeding is expected to last no longer than 30 minutes
Remote audiovisual interpretation is unavailable
Telephonic interpreters are not certified and must be qualified through a voir dire.
RESOURCES
■ PA Interpreter Act: 42 Pa.C.S. § 4401, et seq.
■ Regulations: 204 Pa. Code § 221.101, et seq. (2021).
■ Interpreter Compensation Schedule: 204 Pa. Code § 221, Schedule G.
■ The Unified Judicial System of Pennsylvania Language Access Plan
■ County Language Access Coordinator List
■ Interpreter Roster
■ Interpreter Rules of Professional Conduct
■ Interpreter Guidelines
■ http://www.pacourts.us/judicial-administration/court-programs/interpreter-program
