Orange County Women
 Lawyers Association
For Women Lawyers and Those Who Support Their Advancement

Invitation to Comment: Provision of Court Interpreters (Small Claims)

Friday, September 15, 2017 1:58 PM | Executive Director (Administrator)

Request for Comments:
 
A new proposal, LEG17-07, to amend Government Code section 68560.5(a) and Code of Civil Procedure section 116.550 has been posted to www.courts.ca.gov – Invitation to Comment.
 
The Language Access Plan Implementation Task Force and Civil and Small Claims Advisory Committee recommend that the Judicial Council sponsor legislation to: (1) amend Government Code section 68560.5(a) to delete an exception stating that interpreters are not required in small claims proceedings; and (2) amend Code of Civil Procedure section 116.550 to authorize courts to appoint certified and registered interpreters in small claims proceedings.  Revised Code of Civil Procedure section 116.550 also makes clear that courts should follow the provisional qualification process if a certified or registered interpreter is not available.  It also provides judges with discretion to appoint a temporary interpreter to assist a court user during a small claims hearing if a certified/registered or provisionally qualified interpreter is not available even after a continuance, or at the first hearing if the judge makes a similar determination of unavailability, depending on the complexity of the case.

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