As used throughout these rules, the following definitions will apply:
(1) "AOC" means the Administrative Office of the Courts.(2) "Appointing/Requesting authority" means the Judge, Chief Judge, Circuit Court Clerk, Supreme Court Clerk, Clerk of the Court of Appeals, AOC Director, or designee, who determines the need for and authorizes or requests language access services for use in court proceedings or during direct services provided by a Court of Justice entity.(3) "AOC Interpreter Directory" means a directory maintained by the Office of Language Access which lists licensed freelance interpreters and staff interpreters for the deaf and hard of hearing and certified and registered spoken language freelance interpreters and staff interpreters whose qualifications to act as sworn proceedings interpreters or interpreters for deaf or hard of hearing attorneys in court proceedings have been verified by the AOC consistent with the standards set forth in Sections 9 and 10 of these rules.(4) "Assistive technology" means an item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. The provision and use of assistive technology is included in language access services as set out in Section 12 of these rules.(5) "Certified Deaf Interpreter (CDI)" means an interpreter who holds CDI certification through the Registry of Interpreters for the Deaf. Holders of this certification: are deaf or hard of hearing; have demonstrated knowledge and understanding of interpreting, deafness, the Deaf community, and Deaf culture; have specialized training and/or experience in the use of gesture, mime, props, drawings, and other tools to enhance communication; possess native or near-native fluency in American Sign Language; are recommended for a broad range of assignments where an interpreter who is deaf or hard of hearing would be beneficial; and, always work in conjunction with a hearing sign language interpreter.(6) "Certified spoken language interpreter" means an interpreter who has met all the requirements set forth in the Kentucky AOC Certification Policy for Spoken Language Interpreters and who has no restrictions regarding the type of services that he or she may provide to the Court of Justice.(7) "Code of Professional Responsibility for Sworn Proceedings Interpreters" means the Code of Professional Responsibility adopted by Order of the Kentucky Supreme Court, containing canons of professional conduct which are binding upon all sworn proceedings interpreters as defined in these rules.(8) "Consecutive interpretation" means the process by which the interpreter waits until the speaker has finished the original message before rendering it into another language.(9) "Contact person(s)" means the individual(s) designated in each county by the Chief Circuit Judge or Chief District Judge of the county who is responsible for submitting all requests for language access services to the Office of Language Access. The "contact person(s)" may be a judge's secretary, a court administrator, or any other Court of Justice employee designated by the Chief Circuit Judge or Chief District Judge of the county.(10) "Court proceeding" means a civil, criminal, domestic relations, juvenile, traffic or other in-court proceeding, whether before a judge, trial commissioner, master commissioner, or domestic relations commissioner; or, a court-ordered proceeding in which court officials or Court of Justice personnel are directly involved. "Court proceeding" shall not be construed to include confidential, privileged, or otherwise private communication between non-Court of Justice entities and individuals with limited English proficiency or who are deaf or hard of hearing or otherwise disabled, even when such communication occurs during a court proceeding.(11) "Court of Justice" means the Kentucky Court of Justice.(12) "Court of Justice entity" means any office, operation, or program under the purview of the Judicial Branch.(13) "Criminal background check" means the KYCourtNet disposition report provided by the AOC.(14) "Direct services" means out-of-court services provided by a Court of Justice entity which enable the entity to carry out its duties and responsibilities as directed by statute and/or rule of court.(15) "Freelance interpreter" means an individual who is contracted by the AOC to serve as a sworn proceedings interpreter or an interpreter for a deaf or hard of hearing attorney in court proceedings or during direct services. A freelance interpreter must meet the qualification criteria as required by these rules. Freelance interpreters are independent contractors and are not employees of the Court of Justice or the AOC.(16) "Interpretation" means the process by which oral or visual communication is rendered from one language into another. The original message is either spoken or signed language, and the rendition is delivered either in another spoken language or in a signed language. The three most common forms of interpretation used in court proceedings or during direct services are sight translation, consecutive interpretation, and simultaneous interpretation.(17) "Interpreter for the deaf and hard of hearing" means a sworn proceedings interpreter who is licensed pursuant to KRS 309.300 to 309.319 and other applicable Kentucky law and who has met additional requirements set forth in the Kentucky AOC Qualification Policy for Interpreters for the Deaf and Hard of Hearing (Visual Language Interpreters).(18) "Interpreter for a deaf or hard of hearing attorney" means an interpreter appointed to assist a deaf or hard of hearing attorney in communicating effectively with the court and other Court of Justice entities in court proceedings and during direct services. Interpreters for deaf or hard of hearing attorneys are not officers of the court and may participate in the facilitation of confidential, privileged, or otherwise private communication between deaf or hard of hearing attorneys and their clients. Interpreters for deaf or hard of hearing attorneys must be licensed pursuant to KRS 309.300 to 309.319 and other applicable Kentucky law and must have met additional requirements set forth in the Kentucky AOC Qualification Policy for Interpreters for the Deaf and Hard of Hearing (Visual Language Interpreters).(19) "Language access services" means interpreting services, translation services, and assistive technology needed to facilitate effective communication between Court of Justice officials or personnel and individuals with limited English proficiency or who are deaf or hard of hearing or otherwise disabled, and to provide such individuals with meaningful access to, and an equal opportunity to participate fully in, the services, activities, and other programs administered by the Court of Justice.(20) "Limited English Proficiency" means that an individual does not speak English as his or her primary language and has a limited ability to read, speak, write, or understand English. "Limited English Proficiency" and "Limited English Proficient" are sometimes referred to using the acronym "LEP."(21) "Linguist" means a language professional who provides bilingual services, such as translation, editing, review, quality assurance, and other similar or related services.(22) "Non-party" means a person: (a) Whose presence or participation in a court matter is necessary or appropriate, including but not limited to a parent or guardian of a juvenile and any of his or her family members involved in a juvenile proceeding, or a victim of crime or parent or guardian of a minor victim of crime; or(b) Who is a family member, friend, or associate of a party or person participating in a court proceeding, who, along with the party or person, is an appropriate individual with whom the court should communicate.(23) "Office of Language Access" means the AOC Office of Language Access.(24) "Office of Translation Services" means the AOC Office of Translation Services.(25) "Officer of the court" means a person who has an obligation to promote justice and effective operation of the judicial system.(26) "Private linguistic expert" means an interpreter or other language professional hired by a non-Court of Justice entity to facilitate confidential, privileged, or otherwise private communication between a non-Court of Justice individual, agency, or entity and a party with limited English proficiency or who is deaf or hard of hearing or otherwise disabled. The work of the private linguistic expert may also include monitoring the accuracy of the sworn proceedings interpreter. Private linguistic experts are not officers of the court and may participate in the facilitation of confidential, privileged, or otherwise private communication. Other terms commonly used to refer to the private linguistic expert include "table interpreter," "check interpreter," "monitor interpreter," "party interpreter," "defense interpreter," and "prosecution interpreter."(27) "Provisional spoken language interpreter" means an interpreter who has met certain minimum requirements set forth in the Kentucky AOC Certification Policy for Spoken Language Interpreters and who may be contracted to provide certain limited services to the Court of Justice as directed by the Office of Language Access. Provisional spoken language interpreters are not listed in the AOC Interpreter Directory.(28) "Qualified interpreter" means an interpreter who has met the licensing, certification, and/or other requirements set out in the Kentucky AOC Certification Policy for Spoken Language Interpreters and the Kentucky AOC Qualification Policy for Interpreters for the Deaf and Hard of Hearing (Visual Language Interpreters).(29) "Registered spoken language interpreter" means an interpreter who has met certain minimum requirements set forth in the Kentucky AOC Certification Policy for Spoken Language Interpreters and who may provide services to the Court of Justice as directed by the Office of Language Access consistent with Section 6 of these rules.(30) "Remote interpreting services" means the provision of telephone, videoconference, web-based, or other available remote interpreting equipment as approved by the AOC.(31) "Reverse Skills Certified Interpreter (RSC)" means an interpreter who holds RSC certification through the Registry of Interpreters for the Deaf. Holders of this certification: have demonstrated the ability to interpret between American Sign Language (ASL) and English-based sign language or transliterate between spoken English and a signed code for English; are deaf or hard of hearing; are recommended for a broad range of interpreting assignments where the use of an interpreter who is deaf or hard of hearing would be beneficial; and, always work in conjunction with a hearing sign language interpreter. This credential was offered from 1972 to 1988.(32) "Sight translation" means the process by which a document written in one language is read and rendered orally into another language, usually in the moment.(33) "Simultaneous interpretation" means the process by which the interpreter renders information into another language at the same time that the speaker is actually speaking.(34) "Staff interpreter" means a sworn proceedings interpreter who is employed by the Court of Justice to provide interpreting services in court proceedings and during direct services. A staff interpreter must meet the qualification criteria required by these rules.(35) "Sworn proceedings interpreter" means a qualified staff or freelance interpreter who has taken an oath to provide complete, unbiased, and accurate interpretation between English speakers and parties, jurors, witnesses, or non-parties as defined in these rules with limited English proficiency or who are deaf or hard of hearing or otherwise disabled in court proceedings or during direct services. Sworn proceedings interpreters are impartial officers of the court and may not participate in the facilitation of confidential, privileged, or otherwise private communication between non-Court of Justice individuals, agencies, or entities and individuals with limited English proficiency or who are deaf or hard of hearing or otherwise disabled.(36) "Translation" means the process by which written text is rendered from one language into another. Both the original document and its translation are in a written or visual format.(37) "Translator" means a credentialed or otherwise qualified language professional who is employed or contracted by the AOC to perform translation as defined in these rules.(38) "Uniform Payment Rate" means the Office of Language Access Uniform Payment Rate for Freelance Interpreters, the document outlining terms of payment, including rates of compensation for services rendered by freelance interpreters to the Court of Justice. These terms will be established by the AOC Director.(39) "Vital documents" means court documents that are required to be identified and translated into commonly encountered languages by the Court of Justice pursuant to the United States Department of Justice Guidance.Ky. Admin. P. Ct. Justice. 2
Adopted by Order 2017-15, eff. 1/1/2018.