Md. R. CCCI , Canon 3
Interpreters shall be impartial and unbiased and shall refrain from conduct that may give an appearance of bias. Interpreters shall disclose any real or perceived conflict of interest.
Md. R. CCCI , Canon 3
HISTORICAL NOTES
2007 Orders
The December 4, 2007, order, in the Commentary, substituted "prospective, qualified, or sworn jurors" for "jurors".
Commentary
The interpreter serves as an officer of the court, and the interpreter's duty in a court proceeding is to serve the court and the public to which the court is a servant. This is true regardless of whether the interpreter is retained publicly at government expense or privately at the expense of one of the parties.
Interpreters should avoid any conduct or behavior that presents the appearance of favoritism toward any of the parties. Interpreters should maintain professional relationships with the participants and should not take an active part in any of the proceedings.
During the course of the proceedings, interpreters should not converse with parties, witnesses, prospective, qualified, or sworn jurors, attorneys, or law enforcement officers or with friends or relatives of any party, except in the discharge of official functions. It is especially important that interpreters who are familiar with courtroom personnel refrain from casual and personal conversations that may convey an appearance of a special relationship with or partiality to any of the court participants.
Interpreters should strive for professional detachment. Verbal and non-verbal displays of personal attitudes, prejudices, emotions, or opinions should be avoided at all times.
Whenever an interpreter becomes aware that a proceeding participant views the interpreter as having a bias or being biased, the interpreter should disclose that knowledge to the appropriate judicial authority and counsel.
Any condition that interferes with the objectivity of an interpreter constitutes a conflict of interest. Before providing services in a matter, court 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 privileged or confidential information.
The following are circumstances that are presumed to create actual or apparent conflicts of interest for interpreters so that they should not serve:
1. The interpreter is a friend, associate, or relative of a party or counsel involved in the proceedings;
2. The interpreter has served in an investigative capacity for any party to the case;
3. The interpreter was retained by a law enforcement agency to assist in the preparation of the civil or criminal case at issue;
4. The interpreter or the interpreter's spouse or child has a financial interest in the subject matter in controversy or in a party to the proceeding or has any other interest that would be affected by the outcome of the case;
5. The interpreter has been involved in the choice of counsel or law firm for that case.
Interpreters should disclose to the court and other parties whenever they have been retained previously for private employment by one of the parties in the case.
Interpreters should not serve in any matter in which payment for their services is contingent upon the outcome of the case.
An interpreter who is also an attorney should not serve in both capacities in the same matter.