Ky. Admin. P. Ct. Justice. 9
Ky. Admin. P. Ct. Justice. 9
COMMENTARY
Because the users of interpreting services frequently misunderstand the proper role of the sworn proceedings interpreter, they may ask or expect the sworn proceedings interpreter to perform duties or engage in activities that run counter to the provisions of this code or other laws, regulations, or policies governing sworn proceedings interpreters. It is incumbent upon the sworn proceedings interpreter to inform such persons of his or her professional obligations. If, having been apprised of these obligations, the person persists in demanding that the sworn proceedings interpreter violate them, the sworn proceedings interpreter should consult with the Manager of the Office of Language Access, a language access liaison, a judge, or another official with authority over language access matters to resolve the situation.
It is crucial that judges understand and support the unique role that sworn proceedings interpreters play in the judicial process, including the sworn proceedings interpreter's obligation to deny the facilitation of confidential, privileged, or otherwise private communication between attorneys and their clients based on the issues and concerns outlined herein and in the Kentucky Court of Justice Language Access Plan and Procedures (AP Part IX). Judges should take all appropriate steps to protect the integrity of the judicial process by fully supporting the sworn proceedings interpreter's ethical and legal responsibilities to maintain impartiality throughout all stages of the proceedings. Sworn proceedings interpreters should only provide language access services in court proceedings and during direct services as outlined and defined within the Kentucky Court of Justice Language Access Plan (AP Part IX).
If, having been apprised of the role of the sworn proceedings interpreter, a judge orders the sworn proceedings interpreter to violate his/her ethical and legal obligations, the sworn proceedings interpreter should obey the judge's order and report the incident to the Manager of the Office of Language Access for resolution as soon as feasible.