Ky. Admin. P. Ct. Justice. 3
Ky. Admin. P. Ct. Justice. 3
COMMENTARY
Sworn proceedings interpreters are impartial officers of the court. As such, the sworn proceedings interpreter facilitates communication between the Court of Justice and parties with limited English proficiency or who are deaf or hard of hearing or otherwise disabled during court proceedings. Sworn proceedings interpreters may also interpret for Court of Justice entities providing direct services as defined in the Kentucky Court of Justice Language Access Plan and Procedures (AP Part IX).
The sworn proceedings interpreter shall avoid any conduct or behavior that presents the appearance of favoritism toward any of the parties. Sworn proceedings interpreters shall maintain a professional relationship with all individuals for whom interpreting services have been ordered and shall not take an active part in any of the proceedings. The sworn proceedings interpreter should discourage a party's personal dependence.
During the course of the proceedings, sworn proceedings interpreters shall not have contact with parties, witnesses, jurors, attorneys, or with friends or relatives of any party, except in the discharge of their official duties. This includes contact with an attorney to facilitate confidential, privileged, or otherwise private communication between the attorney and the individual requiring interpreting services during the court proceeding. It is especially important that sworn proceedings interpreters, who are often familiar with attorneys or other individuals in the courtroom, refrain from casual and personal conversations as this familiarity may convey the appearance of a special relationship or partiality to the court participants.
The sworn proceedings interpreter should strive for professional detachment. Verbal and non-verbal displays of personal attitudes, prejudices, emotions, or opinions should be avoided at all times.
If the sworn proceedings interpreter becomes aware that a participant in the proceeding views the sworn proceedings interpreter as having a bias or being biased, the sworn proceedings interpreter shall disclose that knowledge to the appropriate judicial authority and counsel.
Any condition interfering with the objectivity of a sworn proceedings interpreter constitutes a conflict of interest. Before providing services, sworn proceedings interpreters must disclose to all parties and presiding officials any prior involvement, whether personal or professional, that could be reasonably construed as a conflict of interest. This disclosure should not include confidential, privileged, or otherwise private information. The following circumstances are presumed to create actual or apparent conflicts of interest for sworn proceedings interpreters. Sworn proceedings interpreters should not serve where:
1. The sworn proceedings interpreter is a friend, associate, or relative of a party or counsel for a party involved in the proceedings;
2. The sworn proceedings interpreter has provided services to any party involved in the case either before, during the course of, or prior to any court proceeding in the immediate or any other related matter;
3. The sworn proceedings interpreter has previously been retained by a law enforcement agency to assist in the preparation of the criminal case at issue;
4. The sworn proceedings interpreter has previously been retained by counsel for one of the parties to assist in the preparation of the case at issue;
5. The sworn proceedings interpreter or the sworn proceedings interpreter's spouse or child has a financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that would be affected by the outcome of the case; or,
6. The sworn proceedings interpreter has been involved in the choice of counsel or law firm for that case.
Sworn proceedings interpreters shall disclose to the court and other parties when they have previously been retained for private employment by one of the parties in the case.
Sworn proceedings interpreters shall not serve in any matter in which payment for their services is contingent upon the outcome of the case.
A sworn proceedings interpreter who is also an attorney shall not serve in both capacities in the same matter.