28 U.S.C. § 1827 — Interpreters in courts of the United States

Page 463 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1827 prisonment for not more than three years, or a fine of not more than $10,000, or both. (Added Pub. L. 91–452, title III, § 301(a), Oct. 15, 1970, 84 Stat. 932; amended Pub. L. 98–473, title II, § 1013, Oct. 12, 1984, 98 Stat. 2142.) Editorial Notes AMENDMENTS 1984—Subsec. (c). Pub. L. 98–473 added subsec. (c). § 1827. Interpreters in courts of the United States (a) The Director of the Administrative Office of the United States Courts shall establish a program to facilitate the use of certified and otherwise qualified interpreters in judicial pro- ceedings instituted by the United States. (b)(1) The Director shall prescribe, determine, and certify the qualifications of persons who may serve as certified interpreters, when the Di- rector considers certification of interpreters to be merited, for the hearing impaired (whether or not also speech impaired) and persons who speak only or primarily a language other than the English language, in judicial proceedings insti- tuted by the United States. The Director may certify interpreters for any language if the Di- rector determines that there is a need for cer- tified interpreters in that language. Upon the request of the Judicial Conference of the United States for certified interpreters in a language, the Director shall certify interpreters in that language. Upon such a request from the judicial council of a circuit and the approval of the Judi- cial Conference, the Director shall certify inter- preters for that circuit in the language re- quested. The judicial council of a circuit shall identify and evaluate the needs of the districts within a circuit. The Director shall certify in- terpreters based on the results of criterion-ref- erenced performance examinations. The Direc- tor shall issue regulations to carry out this paragraph within 1 year after the date of the en- actment of the Judicial Improvements and Ac- cess to Justice Act. (2) Only in a case in which no certified inter- preter is reasonably available as provided in subsection (d) of this section, including a case in which certification of interpreters is not pro- vided under paragraph (1) in a particular lan- guage, may the services of otherwise qualified interpreters be used. The Director shall provide guidelines to the courts for the selection of oth- erwise qualified interpreters, in order to ensure that the highest standards of accuracy are main- tained in all judicial proceedings subject to the provisions of this chapter. (3) The Director shall maintain a current mas- ter list of all certified interpreters and other- wise qualified interpreters and shall report peri- odically on the use and performance of both cer- tified and otherwise qualified interpreters in ju- dicial proceedings instituted by the United States and on the languages for which inter- preters have been certified. The Director shall prescribe, subject to periodic review, a schedule of reasonable fees for services rendered by inter- preters, certified or otherwise, used in pro- ceedings instituted by the United States, and in doing so shall consider the prevailing rate of compensation for comparable service in other governmental entities. (c)(1) Each United States district court shall maintain on file in the office of the clerk, and each United States attorney shall maintain on file, a list of all persons who have been certified as interpreters by the Director in accordance with subsection (b) of this section. The clerk shall make the list of certified interpreters for judicial proceeding available upon request. (2) The clerk of the court, or other court em- ployee designated by the chief judge, shall be re- sponsible for securing the services of certified interpreters and otherwise qualified interpreters required for proceedings initiated by the United States, except that the United States attorney is responsible for securing the services of such interpreters for governmental witnesses. (d)(1) The presiding judicial officer, with the assistance of the Director of the Administrative Office of the United States Courts, shall utilize the services of the most available certified in- terpreter, or when no certified interpreter is reasonably available, as determined by the pre- siding judicial officer, the services of an other- wise qualified interpreter, in judicial pro- ceedings instituted by the United States, if the presiding judicial officer determines on such of- ficer’s own motion or on the motion of a party that such party (including a defendant in a criminal case), or a witness who may present testimony in such judicial proceedings— (A) speaks only or primarily a language other than the English language; or (B) suffers from a hearing impairment (whether or not suffering also from a speech impairment) so as to inhibit such party’s comprehension of the proceedings or communication with counsel or the presiding judicial officer, or so as to in- hibit such witness’ comprehension of questions and the presentation of such testimony. (2) Upon the motion of a party, the presiding judicial officer shall determine whether to re- quire the electronic sound recording of a judicial proceeding in which an interpreter is used under this section. In making this determination, the presiding judicial officer shall consider, among other things, the qualifications of the inter- preter and prior experience in interpretation of court proceedings; whether the language to be interpreted is not one of the languages for which the Director has certified interpreters, and the complexity or length of the proceeding. In a grand jury proceeding, upon the motion of the accused, the presiding judicial officer shall re- quire the electronic sound recording of the por- tion of the proceeding in which an interpreter is used. (e)(1) If any interpreter is unable to commu- nicate effectively with the presiding judicial of- ficer, the United States attorney, a party (in- cluding a defendant in a criminal case), or a wit- ness, the presiding judicial officer shall dismiss such interpreter and obtain the services of an- other interpreter in accordance with this sec- tion. (2) In any judicial proceedings instituted by the United States, if the presiding judicial offi- cer does not appoint an interpreter under sub- section (d) of this section, an individual requir- Page 464 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1827 ing the services of an interpreter may seek as- sistance of the clerk of court or the Director of the Administrative Office of the United States Courts in obtaining the assistance of a certified interpreter. (f)(1) Any individual other than a witness who is entitled to interpretation under subsection (d) of this section may waive such interpretation in whole or in part. Such a waiver shall be effective only if approved by the presiding judicial officer and made expressly by such individual on the record after opportunity to consult with counsel and after the presiding judicial officer has ex- plained to such individual, utilizing the services of the most available certified interpreter, or when no certified interpreter is reasonably available, as determined by the presiding judi- cial officer, the services of an otherwise com- petent interpreter, the nature and effect of the waiver. (2) An individual who waives under paragraph (1) of this subsection the right to an interpreter may utilize the services of a noncertified inter- preter of such individual’s choice whose fees, ex- penses, and costs shall be paid in the manner provided for the payment of such fees, expenses, and costs of an interpreter appointed under sub- section (d) of this section. (g)(1) There are authorized to be appropriated to the Federal judiciary, and to be paid by the Director of the Administrative Office of the United States Courts, such sums as may be nec- essary to establish a program to facilitate the use of certified and otherwise qualified inter- preters, and otherwise fulfill the provisions of this section and the Judicial Improvements and Access to Justice Act, except as provided in paragraph (3). (2) Implementation of the provisions of this section is contingent upon the availability of appropriated funds to carry out the purposes of this section. (3) Such salaries, fees, expenses, and costs that are incurred with respect to Government wit- nesses (including for grand jury proceedings) shall, unless direction is made under paragraph (4), be paid by the Attorney General from sums appropriated to the Department of Justice. (4) Upon the request of any person in any ac- tion for which interpreting services established pursuant to subsection (d) are not otherwise pro- vided, the clerk of the court, or other court em- ployee designated by the chief judge, upon the request of the presiding judicial officer, shall, where possible, make such services available to that person on a cost-reimbursable basis, but the judicial officer may also require the prepay- ment of the estimated expenses of providing such services. (5) If the Director of the Administrative Office of the United States Courts finds it necessary to develop and administer criterion-referenced per- formance examinations for purposes of certifi- cation, or other examinations for the selection of otherwise qualified interpreters, the Director may prescribe for each examination a uniform fee for applicants to take such examination. In determining the rate of the fee for each exam- ination, the Director shall consider the fees charged by other organizations for examinations that are similar in scope or nature. Notwith- standing section 3302(b) of title 31, the Director is authorized to provide in any contract or agreement for the development or administra- tion of examinations and the collection of fees that the contractor may retain all or a portion of the fees in payment for the services. Notwith- standing paragraph (6) of this subsection, all fees collected after the effective date of this paragraph and not retained by a contractor shall be deposited in the fund established under sec- tion 1931 of this title and shall remain available until expended. (6) Any moneys collected under this sub- section may be used to reimburse the appropria- tions obligated and disbursed in payment for such services. (h) The presiding judicial officer shall approve the compensation and expenses payable to inter- preters, pursuant to the schedule of fees pre- scribed by the Director under subsection (b)(3). (i) The term ‘‘presiding judicial officer’’ as used in this section refers to any judge of a United States district court, including a bank- ruptcy judge, a United States magistrate judge, and in the case of grand jury proceedings con- ducted under the auspices of the United States attorney, a United States attorney. (j) The term ‘‘judicial proceedings instituted by the United States’’ as used in this section re- fers to all proceedings, whether criminal or civil, including pretrial and grand jury pro- ceedings (as well as proceedings upon a petition for a writ of habeas corpus initiated in the name of the United States by a relator) conducted in, or pursuant to the lawful authority and jurisdic- tion of a United States district court. The term ‘‘United States district court’’ as used in this subsection includes any court which is created by an Act of Congress in a territory and is in- vested with any jurisdiction of a district court established by chapter 5 of this title. (k) The interpretation provided by certified or otherwise qualified interpreters pursuant to this section shall be in the simultaneous mode for any party to a judicial proceeding instituted by the United States and in the consecutive mode for witnesses, except that the presiding judicial officer, sua sponte or on the motion of a party, may authorize a simultaneous, or consecutive interpretation when such officer determines after a hearing on the record that such interpre- tation will aid in the efficient administration of justice. The presiding judicial officer, on such officer’s motion or on the motion of a party, may order that special interpretation services as authorized in section 1828 of this title be pro- vided if such officer determines that the provi- sion of such services will aid in the efficient ad- ministration of justice. (l) Notwithstanding any other provision of this section or section 1828, the presiding judicial of- ficer may appoint a certified or otherwise quali- fied sign language interpreter to provide serv- ices to a party, witness, or other participant in a judicial proceeding, whether or not the pro- ceeding is instituted by the United States, if the presiding judicial officer determines, on such of- ficer’s own motion or on the motion of a party or other participant in the proceeding, that such individual suffers from a hearing impairment. The presiding judicial officer shall, subject to Page 465 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1827 the availability of appropriated funds, approve the compensation and expenses payable to sign language interpreters appointed under this sec- tion in accordance with the schedule of fees pre- scribed by the Director under subsection (b)(3) of this section. (Added Pub. L. 95–539, § 2(a), Oct. 28, 1978, 92 Stat. 2040; amended Pub. L. 100–702, title VII, §§ 702–710, Nov. 19, 1988, 102 Stat. 4654–4657; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 104–317, title III, § 306, title IV, § 402(a), Oct. 19, 1996, 110 Stat. 3852, 3854.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Judicial Improve- ments and Access to Justice Act, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 100–702, which was approved Nov. 19, 1988. The Judicial Improvements and Access to Justice Act, referred to in subsec. (g)(1), is Pub. L. 100–702, Nov. 19, 1988, 102 Stat. 4642. For complete classification of this Act to the Code, see Short Title note set out under section 1 of this title and Tables. The effective date of this paragraph, referred to in subsec. (g)(5), is the effective date of Pub. L. 104–317, which was approved Oct. 19, 1996. AMENDMENTS 1996—Subsec. (g)(5), (6). Pub. L. 104–317, § 402(a), added par. (5) and redesignated former par. (5) as (6). Subsec. (l). Pub. L. 104–317, § 306, added subsec. (l). 1988—Subsec. (a). Pub. L. 100–702, § 702, amended sub- sec. (a) generally, substituting ‘‘certified and otherwise qualified interpreters in judicial proceedings instituted by the United States’’ for ‘‘interpreters in courts of the United States’’. Subsec. (b). Pub. L. 100–702, § 703, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘The Director shall prescribe, determine, and cer- tify the qualifications of persons who may serve as cer- tified interpreters in courts of the United States in bi- lingual proceedings and proceedings involving the hear- ing impaired (whether or not also speech impaired), and in so doing, the Director shall consider the education, training, and experience of those persons. The Director shall maintain a current master list of all interpreters certified by the Director and shall report annually on the frequency of requests for, and the use and effective- ness of, interpreters. The Director shall prescribe a schedule of fees for services rendered by interpreters.’’ Subsec. (c). Pub. L. 100–702, § 704, amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘Each United States district court shall maintain on file in the office of the clerk of court a list of all persons who have been certified as interpreters, includ- ing bilingual interpreters and oral or manual inter- preters for the hearing impaired (whether or not also speech impaired), by the Director of the Administrative Office of the United States Courts in accordance with the certification program established pursuant to sub- section (b) of this section.’’ Subsec. (d). Pub. L. 100–702, §§ 705, 710(a), designated existing provisions as par. (1), in introductory provi- sions, substituted ‘‘qualified interpreter’’ for ‘‘com- petent interpreter’’, ‘‘judicial proceedings instituted by the United States’’ for ‘‘any criminal or civil action initiated by the United States in a United States dis- trict court (including a petition for a writ of habeas corpus initiated in the name of the United States by a relator)’’, and ‘‘such judicial proceedings’’ for ‘‘such ac- tion’’, redesignated former pars. (1) and (2) as subpars. (A) and (B), and added par. (2). Subsec. (e)(2). Pub. L. 100–702, § 710(b), substituted ‘‘judicial proceedings instituted by the United States’’ for ‘‘criminal or civil action in a United States district court’’. Subsec. (g)(1) to (3). Pub. L. 100–702, § 706(a), amended pars. (1) to (3) generally. Prior to amendment, pars. (1) to (3) read as follows: ‘‘(1) Except as otherwise provided in this subsection or section 1828 of this title, the salaries, fees, expenses, and costs incident to providing the services of inter- preters under subsection (d) of this section shall be paid by the Director of the Administrative Office of the United States Courts from sums appropriated to the Federal judiciary. ‘‘(2) Such salaries, fees, expenses, and costs that are incurred with respect to Government witnesses shall, unless direction is made under paragraph (3) of this subsection, be paid by the Attorney General from sums appropriated to the Department of Justice. ‘‘(3) The presiding judicial officer may in such offi- cer’s discretion direct that all or part of such salaries, fees, expenses, and costs shall be apportioned between or among the parties or shall be taxed as costs in a civil action.’’ Subsec. (g)(4), (5). Pub. L. 100–702, § 706(b), added par. (4) and redesignated former par. (4) as (5). Subsec. (h). Pub. L. 100–702, § 707, amended subsec. (h) generally. Prior to amendment, subsec. (h) read as fol- lows: ‘‘In any action in a court of the United States where the presiding judicial officer establishes, fixes, or approves the compensation and expenses payable to an interpreter from funds appropriated to the Federal ju- diciary, the presiding judicial officer shall not estab- lish, fix, or approve compensation and expenses in ex- cess of the maximum allowable under the schedule of fees for services prescribed pursuant to subsection (b) of this section.’’ Subsec. (i). Pub. L. 100–702, § 708, amended subsec. (i) generally. Prior to amendment, subsec. (i) read as fol- lows: ‘‘The term ‘presiding judicial officer’ as used in this section and section 1828 of this title includes a judge of a United States district court, a United States magistrate, and a referee in bankruptcy.’’ Subsec. (j). Pub. L. 100–702, § 708, amended subsec. (j) generally. Prior to amendment, subsec. (j) read as fol- lows: ‘‘The term ‘United States district court’ as used in this section and section 1828 of this title includes any court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States established by section 132 of this title.’’ Subsec. (k). Pub. L. 100–702, § 709, amended subsec. (k) generally. Prior to amendment, subsec. (k) read as fol- lows: ‘‘The interpretation provided by certified inter- preters pursuant to this section shall be in the consecu- tive mode except that the presiding judicial officer, with the approval of all interested parties, may author- ize a simultaneous or summary interpretation when such officer determines that such interpretation will aid in the efficient administration of justice. The pre- siding judicial officer on such officer’s motion or on the motion of a party may order that special interpretation services as authorized in section 1828 of this title be provided if such officer determines that the provision of such services will aid in the efficient administration of justice.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in subsec. (i) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–702, title VII, § 712, Nov. 19, 1988, 102 Stat. 4657, provided that: ‘‘This title [amending this section and enacting provisions set out as notes under this sec- tion and section 1 of this title] shall become effective upon the date of enactment [Nov. 19, 1988].’’ EFFECTIVE DATE Section effective ninety days after Oct. 28, 1978, see section 10(b) of Pub. L. 95–539, set out as an Effective Page 466 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1828 Date of 1978 Amendment note under section 602 of this title. SHORT TITLE For short title of Pub. L. 95–539 as ‘‘Court Inter- preters Act’’, see Short Title of 1978 Amendments note set out under section 1 of this title. PAYMENT FOR CONTRACTUAL SERVICES Pub. L. 104–317, title IV, § 402(b), Oct. 19, 1996, 110 Stat. 3854, provided that: ‘‘Notwithstanding sections 3302(b), 1341, and 1517 of title 31, United States Code, the Direc- tor of the Administrative Office of the United States Courts may include in any contract for the develop- ment or administration of examinations for inter- preters (including such a contract entered into before the date of the enactment of this Act [Oct. 19, 1996]) a provision which permits the contractor to collect and retain fees in payment for contractual services in ac- cordance with section 1827(g)(5) of title 28, United States Code.’’ IMPACT ON EXISTING PROGRAMS Pub. L. 100–702, title VII, § 711, Nov. 19, 1988, 102 Stat. 4657, provided that: ‘‘Nothing in this title [amending this section and enacting provisions set out as notes under this section and section 1 of this title] shall be construed to terminate or diminish existing programs for the certification of interpreters.’’ § 1828. Special interpretation services (a) The Director of the Administrative Office of the United States Courts shall establish a program for the provision of special interpreta- tion services in criminal actions and in civil ac- tions initiated by the United States (including petitions for writs of habeas corpus initiated in the name of the United States by relators) in a United States district court. The program shall provide a capacity for simultaneous interpreta- tion services in multidefendant criminal actions and multidefendant civil actions. (b) Upon the request of any person in any ac- tion for which special interpretation services es- tablished pursuant to subsection (a) are not oth- erwise provided, the Director, with the approval of the presiding judicial officer, may make such services available to the person requesting the services on a reimbursable basis at rates estab- lished in conformity with section 9701 of title 31, but the Director may require the prepayment of the estimated expenses of providing the services by the person requesting them. (c) Except as otherwise provided in this sub- section, the expenses incident to providing serv- ices under subsection (a) of this section shall be paid by the Director from sums appropriated to the Federal judiciary. A presiding judicial offi- cer, in such officer’s discretion, may order that all or part of the expenses shall be apportioned between or among the parties or shall be taxed as costs in a civil action, and any moneys col- lected as a result of such order may be used to reimburse the appropriations obligated and dis- bursed in payment for such services. (d) Appropriations available to the Director shall be available to provide services in accord- ance with subsection (b) of this section, and moneys collected by the Director under that subsection may be used to reimburse the appro- priations charged for such services. A presiding judicial officer, in such officer’s discretion, may order that all or part of the expenses shall be ap- portioned between or among the parties or shall be taxed as costs in the action. (Added Pub. L. 95–539, § 2(a), Oct. 28, 1978, 92 Stat. 2042; amended Pub. L. 97–258, § 3(g), Sept. 13, 1982, 96 Stat. 1065.) Editorial Notes AMENDMENTS 1982—Subsec. (b). Pub. L. 97–258 substituted ‘‘section 9701 of title 31’’ for ‘‘section 501 of the Act of August 31, 1951 (ch. 376, title 5, 65 Stat. 290; 31 U.S.C. 483a)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective ninety days after Oct. 28, 1978, see section 10(b) of Pub. L. 95–539, set out as an Effective Date of 1978 Amendment note under section 602 of this title. CHAPTER 121—JURIES; TRIAL BY JURY Sec. 1861. Declaration of policy. 1862. Discrimination prohibited. 1863. Plan for random jury selection. 1864. Drawing of names from the master jury wheel; completion of juror qualification form. 1865. Qualifications for jury service. 1866. Selection and summoning of jury panels. 1867. Challenging compliance with selection proce- dures. 1868. Maintenance and inspection of records. 1869. Definitions. 1870. Challenges. 1871. Fees. 1872. Issues of fact in Supreme Court. 1873. Admiralty and maritime cases. 1874. Actions on bonds and specialties. 1875. Protection of jurors’ employment. 1876. Trial by jury in the Court of International Trade. 1877. Protection of jurors. 1878. Optional use of a one-step summoning and qualification procedure. Editorial Notes AMENDMENTS 1992—Pub. L. 102–572, title IV, § 403(b), Oct. 29, 1992, 106 Stat. 4512, substituted ‘‘Optional’’ for ‘‘Experimental’’ in item 1878. 1988—Pub. L. 100–702, title VIII, § 805(b), Nov. 19, 1988, 102 Stat. 4659, added item 1878. 1983—Pub. L. 97–463, § 3(2), Jan. 12, 1983, 96 Stat. 2532, added item 1877. 1980—Pub. L. 96–417, title III, § 302(b), Oct. 10, 1980, 94 Stat. 1739, added item 1876. 1978—Pub. L. 95–572, § 6(a)(2), Nov. 2, 1978, 92 Stat. 2456, added item 1875. 1968—Pub. L. 90–274, § 101, Mar. 27, 1968, 82 Stat. 53, substituted ‘‘Declaration of policy’’ for ‘‘Qualifica- tions’’ as item 1861, ‘‘Discrimination prohibited’’ for ‘‘Exemptions’’ as item 1862, ‘‘Plan for random jury se- lection’’ for ‘‘Exclusion or excuse from service’’ as item 1863, ‘‘Drawing of names from the master jury wheel; completion of juror qualification form’’ for ‘‘Manner of drawing; jury commissioners and their compensation’’ as item 1864, ‘‘Qualifications for jury service’’ for ‘‘Ap- portionment within district; additional jury commis- sioners’’ as item 1865, ‘‘Selection and summoning of jury panels’’ for ‘‘Special petit juries; talesmen from bystanders’’ as item 1866, ‘‘Challenging compliance with selection procedures’’ for ‘‘Summoning jurors’’ as item 1867, ‘‘Maintenance and inspection of records’’ for