Re Interpreter Fees

2020 OK 107 · Supreme Court of Oklahoma · December 14, 2020

Summary

This Oklahoma Supreme Court administrative directive establishes payment rates, billable-time rules, travel reimbursement, lodging and per diem provisions, cancellation fees, and related responsibilities for courtroom foreign-language and sign-language interpreters. It supersedes Administrative Directive No. SCAD-2007-32 and becomes effective January 1, 2021.

Court
Supreme Court of Oklahoma
Jurisdiction
Oklahoma
Decision date
December 14, 2020
Procedural posture
The Supreme Court of Oklahoma issued an administrative order governing the payment and use of courtroom interpreters in district court proceedings.
Precedential value
Administrative order governing Oklahoma district-court interpreter services; not a conventional precedential adjudication.
Disposition
other

Topics

administrative lawrulemakingcivil procedurereasonable accommodationada / disability

Practice areas

administrative lawcourt administrationlanguage access

Questions Presented

  1. What rules should govern the selection, compensation, billing, travel reimbursement, cancellation fees, and use of courtroom interpreters provided at the expense of Oklahoma courts?
  2. Whether Administrative Directive No. SCAD-2007-32 should be superseded and replaced by updated interpreter-payment provisions.

Holdings

  1. Administrative Directive No. SCAD-2007-32 is superseded by the Payment of Courtroom Interpreters provisions adopted by the Supreme Court of Oklahoma, effective January 1, 2021.
  2. When securing an interpreter at court expense, judges and court clerks must follow the credential-preference order in 20 O.S. § 1710, favoring certified courtroom interpreters over registered interpreters and interpreters with lesser credentials.
  3. Court-provided interpreters must be compensated, and their services billed, according to the rates, minimums, increments, limits, and anti-double-billing provisions specified in the order.
  4. Judges must make reasonable efforts to minimize interpreter waiting time and maximize interpreter use, and judges and attorneys generally should not interpret in a case absent extraordinary circumstances; interpreters must comply with billing and documentation requirements.
  5. The Chief Justice may authorize departures from the order's rates or other provisions when necessary to meet the language-access needs of the courts, but advance authorization is required in the circumstances specified by the order.

Key quotations

Double billing on multiple cases is prohibited. (§ 4(d))
Absent extraordinary circumstances, judges and attorneys serving in a case should not function as foreign or sign-language interpreters in that case. (§ 8(b))

Factual background

The court addressed the administration of interpreter services provided at court expense in Oklahoma district courts. The order covers foreign-language and sign-language interpreters, including their credentials, hourly rates, minimum billable time, travel expenses, cancellation fees, invoicing obligations, and exceptions. It also addresses docket management and the circumstances in which judges or attorneys may serve as interpreters.

Procedural history

Acting under its administrative authority, the court superseded Administrative Directive No. SCAD-2007-32 and adopted new provisions governing interpreter selection, compensation, billing, travel, cancellation fees, and judicial responsibilities. The provisions were made effective January 1, 2021.

Court Document

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