H-3024.1
SUBSTITUTE HOUSE BILL 2006
State of Washington 68th Legislature 2024 Regular Session
By House Appropriations (originally sponsored by Representatives
Peterson, Mena, Ryu, Ramel, Cortes, Reed, Ormsby, Kloba, Cheney,
Doglio, Goodman, Thai, Ortiz-Self, Lekanoff, Hackney, and Davis; by
request of Administrative Office of the Courts)
READ FIRST TIME 01/31/24.
1 AN ACT Relating to court interpreters; amending RCW 2.43.010,
2 2.43.030, 2.43.050, 2.43.060, 2.43.080, 2.43.070, 2.43.040, 2.43.090,
3 2.56.030, 7.105.245, 13.04.043, and 2.42.120; reenacting and amending
4 RCW 2.43.020; adding new sections to chapter 2.43 RCW; and
5 recodifying RCW 2.43.040 and 2.43.080.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 Sec. 1. RCW 2.43.010 and 1989 c 358 s 1 are each amended to read
8 as follows:
9 It is hereby declared to be the policy of this state to secure
10 the rights, constitutional or otherwise, of persons who, because of a
11 non-English-speaking cultural background, are unable to readily
12 understand or communicate in the English language, and who
13 consequently cannot be fully protected in legal proceedings unless
14 ((qualified)) interpreters are available to assist them.
15 It is the intent of the legislature in the passage of this
16 chapter to provide for the use and procedure for the appointment of
17 such interpreters. ((Nothing in chapter 358, Laws of 1989 abridges
18 the parties' rights or obligations under other statutes or court
19 rules or other law.))
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 1 Sec. 2. RCW 2.43.020 and 2010 c 190 s 2 are each reenacted and
2 amended to read as follows:
3 As used in this chapter:
4 (1) (("Appointing authority" means the presiding officer or
5 similar official of any court, department, board, commission, agency,
6 licensing authority, or legislative body of the state or of any
7 political subdivision thereof.
8 (2) "Certified interpreter" means an interpreter who is certified
9 by the administrative office of the courts.
10 (3))) "Credentialed interpreter" means an interpreter who is
11 credentialed by the administrative office of the courts in a spoken
12 language.
13 (2) "Judicial officer" means a judge, commissioner, or magistrate
14 of any court.
15 (3) "Language access plan" means a plan that is publicly
16 available which contains the elements required by RCW 2.43.090.
17 (4) "Legal proceeding" means ((a)) any proceeding in any court
18 ((in this state, grand jury hearing, or hearing)), and in any type of
19 hearing before ((an inquiry judge,)) a judicial officer, an
20 administrative law judge, or before an administrative board,
21 commission, agency, or licensing body of the state or any political
22 subdivision ((thereof)).
23 (((4) "Non-English-speaking person")) (5) "Person with limited
24 English proficiency" means ((any)) a person involved in a legal
25 proceeding who cannot readily speak or understand the English
26 language, but does not include ((hearing-impaired persons)) deaf,
27 deaf-blind, and hard of hearing individuals who are covered under
28 chapter 2.42 RCW.
29 (((5) "Qualified interpreter" means a person who is able readily
30 to interpret or translate spoken and written English for non-English-
31 speaking persons and to interpret or translate oral or written
32 statements of non-English-speaking persons into spoken English.))
33 (6) (("Registered interpreter" means an interpreter who is
34 registered by the administrative office of the courts.)) "Presiding
35 officer" means the judicial officer or similar official of any court,
36 department, board, commission, agency, or licensing authority of the
37 state or of any political subdivision thereof.
38 Sec. 3. RCW 2.43.030 and 2005 c 282 s 3 are each amended to read
39 as follows:
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 1 (1) ((Whenever an interpreter is appointed to assist a non-
2 English-speaking person in a legal proceeding, the appointing
3 authority shall, in the absence of a written waiver by the person,
4 appoint a certified or a qualified interpreter to assist the person
5 throughout the proceedings.
6 (a) Except as otherwise provided for in (b) of this subsection,
7 the interpreter appointed shall be a qualified interpreter.
8 (b) Beginning on July 1, 1990, when a non-English-speaking person
9 is a party to a legal proceeding, or is subpoenaed or summoned by an
10 appointing authority or is otherwise compelled by an appointing
11 authority to appear at a legal proceeding, the appointing authority
12 shall use the services of only those language interpreters who have
13 been certified by the administrative office of the courts, unless
14 good cause is found and noted on the record by the appointing
15 authority. For purposes of chapter 358, Laws of 1989, "good cause"
16 includes but is not limited to a determination that:
17 (i) Given the totality of the circumstances, including the nature
18 of the proceeding and the potential penalty or consequences involved,
19 the services of a certified interpreter are not reasonably available
20 to the appointing authority; or
21 (ii) The current list of certified interpreters maintained by the
22 administrative office of the courts does not include an interpreter
23 certified in the language spoken by the non-English-speaking person.
24 (c) Except as otherwise provided in this section, when a non-
25 English-speaking person is involved in a legal proceeding, the
26 appointing authority shall appoint a qualified interpreter.)) (a)
27 Credentialed interpreters shall be appointed in legal proceedings
28 involving participation of persons with limited English proficiency,
29 unless good cause is found on the record for appointing a
30 noncredentialed interpreter.
31 (b) For purposes of this chapter, "good cause" includes, but is
32 not limited to, a determination that:
33 (i) Given the totality of the circumstances, including the nature
34 of the proceeding and the potential penalty or consequences involved,
35 the services of a credentialed interpreter are not reasonably
36 available; or
37 (ii) The current list of interpreters maintained by the
38 administrative office of the courts does not include an interpreter
39 credentialed in the language spoken by the person with limited
40 English proficiency.
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 1 (2) If good cause is found for using an interpreter who is not
2 ((certified or if a qualified interpreter is appointed, the
3 appointing authority shall make a preliminary determination, on the
4 basis of testimony or stated needs of the non-English-speaking
5 person, that the proposed interpreter is able to interpret accurately
6 all communications to and from such person in that particular
7 proceeding. The appointing authority shall satisfy itself on the
8 record that the proposed interpreter:
9 (a) Is capable of communicating effectively with the court or
10 agency and the person for whom the interpreter would interpret; and
11 (b) Has read, understands, and will abide by the code of ethics
12 for language interpreters established by court rules)) credentialed,
13 the judicial or presiding officer shall make a preliminary
14 determination that the proposed interpreter is able to interpret
15 accurately all communications to and from the person with limited
16 English proficiency in that particular proceeding. The determination
17 shall be made on the basis of testimony or stated needs of the person
18 with limited English proficiency.
19 (3) The judicial or presiding officer shall satisfy itself and
20 state on the record that:
21 (a) The proposed interpreter is capable of communicating
22 effectively in English and in the non-English language. If the
23 interpreter is assigned to interpret between two non-English
24 languages (relay interpreter), the interpreter shall not be required
25 to communicate in English;
26 (b) The proposed interpreter has read, understands, and will
27 abide by the code of professional responsibility for judiciary
28 interpreters established by court rule. If the interpreter does not
29 meet this requirement, the interpreter may be given time to review
30 the code of professional responsibility for judiciary interpreters;
31 and
32 (c) The person with limited English proficiency can understand
33 the interpreter.
34 (4) The court shall inquire whether the interpreter can
35 accurately interpret in the consecutive mode and whether the
36 interpreter can accurately interpret in the simultaneous mode.
37 (5) If the proposed interpreter does not meet the criteria in
38 subsection (3) of this section, another interpreter must be used.
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 1 Sec. 4. RCW 2.43.050 and 2017 c 83 s 2 are each amended to read
2 as follows:
3 (1)(a) Upon ((certification or registration with the
4 administrative office of the courts, certified or registered))
5 obtaining an interpreter credential with the administrative office of
6 the courts, credentialed interpreters shall take ((an)) a permanent
7 oath, affirming that the interpreter will make a true interpretation
8 ((to the person being examined)) of all the proceedings ((in a
9 language which the person understands,)) and that the interpreter
10 will repeat the statements of the person ((being examined)) with
11 limited English proficiency to the court or agency conducting the
12 proceedings, in the English language, to the best of the
13 interpreter's skill and judgment.
14 (b) The administrative office of the courts shall maintain the
15 list of credentialed interpreters and a record of the oath in the
16 same manner ((that the list of certified and registered interpreters
17 is maintained)).
18 (2) Before any person serving as an interpreter for the court or
19 agency begins to interpret, the ((appointing authority)) judicial or
20 presiding officer shall require the interpreter to state the
21 interpreter's name on the record and whether the interpreter is a
22 ((certified or registered)) credentialed interpreter. If the
23 interpreter is not a ((certified or registered)) credentialed
24 interpreter, the interpreter must ((submit the interpreter's
25 qualifications)) be qualified on the record.
26 (3) Before beginning to interpret, every interpreter appointed
27 under this chapter shall take an oath unless the interpreter is a
28 ((certified or registered)) credentialed interpreter who has taken
29 the oath as required in subsection (1) of this section. The oath must
30 affirm that the interpreter will make a true interpretation to the
31 person being examined of all the proceedings in a language which the
32 person understands, and that the interpreter will repeat the
33 statements of the person being examined to the court or agency
34 conducting the proceedings, in the English language, to the best of
35 the interpreter's skill and judgment.
36 Sec. 5. RCW 2.43.060 and 1989 c 358 s 6 are each amended to read
37 as follows:
38 (1) The right to ((a qualified)) an interpreter may not be waived
39 except when:
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 1 (a) A ((non-English-speaking)) person with limited English
2 proficiency requests a waiver on the record; and
3 (b) The ((appointing authority)) judicial or presiding officer
4 determines on the record that the waiver has been made knowingly,
5 voluntarily, and intelligently.
6 (2) ((Waiver of a qualified interpreter)) The waiver of the right
7 to an interpreter may be set aside and an interpreter appointed((,
8 in)) at the discretion of the ((appointing authority,)) judicial or
9 presiding officer at any time during the proceedings.
10 (3) The waiver of the right to an interpreter does not preclude a
11 person with limited English proficiency from exercising the right to
12 an interpreter at a later time.
13 Sec. 6. RCW 2.43.080 and 1989 c 358 s 8 are each amended to read
14 as follows:
15 All language interpreters serving in a legal proceeding, whether
16 or not ((certified or qualified)) credentialed, shall abide by a code
17 of ((ethics)) professional responsibility for judiciary interpreters
18 established by supreme court rule.
19 NEW SECTION. Sec. 7. A new section is added to chapter 2.43 RCW
20 to read as follows:
21 The court shall appoint a team of interpreters as required by
22 supreme court rule.
23 Sec. 8. RCW 2.43.070 and 2005 c 282 s 4 are each amended to read
24 as follows:
25 (1) Subject to the availability of funds, the administrative
26 office of the courts shall establish and maintain a credentialing
27 program for spoken language interpreters and administer ((a))
28 comprehensive testing ((and certification program for language
29 interpreters)).
30 (2) The administrative office of the courts shall work
31 cooperatively with ((community colleges and other)) public or private
32 ((or public)) educational institutions, and with other public or
33 private organizations to establish ((a certification preparation
34 curriculum and)) suitable training programs and engage in recruitment
35 efforts to ensure the availability of ((certified)) credentialed
36 interpreters. Training programs shall be made readily available in
37 both eastern and western Washington locations.
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 1 (3) The administrative office of the courts shall establish and
2 adopt standards of proficiency, written and oral, in English and the
3 language to be interpreted.
4 (4) The administrative office of the courts shall conduct
5 periodic examinations to ensure the availability of ((certified))
6 credentialed interpreters. Periodic examinations shall be made
7 readily available in both eastern and western Washington locations.
8 (5) The administrative office of the courts shall compile,
9 maintain, and disseminate a current list of interpreters
10 ((certified)) credentialed by the office.
11 (6) The administrative office of the courts may charge reasonable
12 fees for testing, training, and ((certification)) credentialing.
13 (7) The administrative office of the courts may create different
14 credentials and provide guidance for the selection and use of
15 credentialed and noncredentialed interpreters to ensure the highest
16 standards of accuracy are maintained in all judicial proceedings.
17 Sec. 9. RCW 2.43.040 and 2023 c 102 s 1 are each amended to read
18 as follows:
19 (1) Interpreters appointed according to this chapter are entitled
20 to a reasonable fee for their services and shall be reimbursed for
21 actual expenses which are reasonable as provided in this section.
22 (2)(a) In all legal proceedings ((in which the non-English-
23 speaking person is a party, or is subpoenaed or summoned by the
24 appointing authority or is otherwise compelled by the appointing
25 authority to appear, including criminal proceedings, grand jury
26 proceedings, coroner's inquests, mental health commitment
27 proceedings, and other legal proceedings initiated by agencies of
28 government, the cost of providing the interpreter shall be borne by
29 the governmental body initiating the legal proceedings.
30 (3) In other legal proceedings, the cost of providing the
31 interpreter shall be borne by the non-English-speaking person unless
32 such person is indigent according to adopted standards of the body.
33 In such a case the cost shall be an administrative cost of the
34 governmental body under the authority of which the legal proceeding
35 is conducted.
36 (4))) and court-mandated classes, a person with limited English
37 proficiency is not responsible for the cost of the interpreter if
38 that person is:
39 (i) A party;
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 1 (ii) Subpoenaed or summoned;
2 (iii) A parent, guardian, or custodian of a juvenile; or
3 (iv) Compelled to appear.
4 (b) In legal proceedings initiated by agencies of government, the
5 cost of providing the interpreter shall be borne by the governmental
6 body initiating the legal proceedings.
7 (3) Subject to the availability of funds specifically
8 appropriated ((therefor)) for this purpose, the administrative office
9 of the courts shall reimburse the ((appointing authority for up to
10 one-half of the payment to the interpreter where an interpreter is
11 appointed by a judicial officer in a proceeding before a court at
12 public expense and:
13 (a) The interpreter appointed is an interpreter certified by the
14 administrative office of the courts or is a qualified interpreter
15 registered by the administrative office of the courts in a
16 noncertified language, or where the necessary language is not
17 certified or registered, the interpreter has been qualified by the
18 judicial officer pursuant to this chapter;
19 (b) The court conducting the legal proceeding has an approved
20 language assistance plan that complies with RCW 2.43.090; and
21 (c) The fee paid to the interpreter for services is in accordance
22 with standards established by the administrative office of the