N.M. 3rd Jud. Dist. Court Interpreter Standards of Practice and Payment Policies 5

a. Translations

Translation is the process by which written text is rendered from one language

into another. The original is in written form, and the translation into the other

language is also produced in written form. In both interpretation and translation,

the goal is for the tone, style, and content of the original to be maintained in the

rendition into the other language. Sight translation is a hybrid form in which the

content of a written text in one language is rendered orally (on sight) into

another language.

NOTE: Interpretation and translation, while both language-related, are not

identical disciplines. Each requires specific knowledge, training, and practice.

Credentialing is different for each domain. Some practitioners are equally adept

at both; others specialize in one discipline or the other. Although the public and

media often use the terms interchangeably, interpretation refers to the language

transfer of oral speech, and translation to the language transfer of written texts.

(NAJIT: FAQ, http://www.najit.org/)

b. Transcriptions

In a criminal or civil case, a foreign language recording may be introduced into

evidence. Such a recording may be audio or video, analog or digital.

The contents of the recording are memorialized in a transcript, produced by a

language expert at the request of the court, prosecutor, defense counsel, or a

law enforcement agency. To be reliable, a forensic transcript must meet stringent

requirements. (NAJIT Position Paper: General Guidelines and Minimum Requirements for

Transcript Translation in Any Legal Setting,”

(http://www.najit.org/Publications/Position%20Papers/Transcript%20Translation. pdf)

a. USING CERTIFIED INTERPRETERS

When an interpreter is needed, courts shall attempt to obtain a certified

interpreter as required by New Mexico statute[s] (38-10-1 NMSA 1978 et seq. and

38-9-1 NMSA 1978 et seq.). Courts should refer to the list of certified interpreters

provided by the AOC for spoken and signed language interpreters certified to

work in the courts.

Please note, it is not adequate ADA compliance to use an individual “who knows

sign language” when an interpreter is sought by a deaf or hard of hearing

individual. If a court- certified interpreter or justice system interpreter cannot be

located by the court, the court must contact AOC for assistance. Unlicensed

signed language interpreters may not provide interpreting services and may be

found guilty of a misdemeanor for doing so (see NMSA § 61-34-15).

It may be necessary to reschedule or continue a proceeding until an

appropriately certified or otherwise qualified signed or spoken language

interpreter can be scheduled for the assignment.

A list of certified interpreters is available on the judiciary's website

(http://www.nmcourts.gov/newface/court-interp/directory.pdf).

The AOC is responsible for maintaining the Directory of Certified Court Interpreters

and the Registry of Justice System Interpreters. It is the court's responsibility to

verify that the interpreter is certified prior to the invoice being approved.

See Attachment A for Step by Step Instructions for Scheduling Interpreters and

Attachment B for Instructions for Identifying, Scheduling, and Paying Out-of State

Interpreters.

b. USING NON-COURT CERTIFIED INTERPRETERS

A court cannot hire a non-certified interpreter unless "the appointing authority has

made diligent efforts to obtain a certified interpreter and has found none to be

reasonably available in the judicial district" (38-10-3(B) NMSA 1978 and 38-9-3

NMSA 1978). If the court cannot find a certified interpreter, the court shall contact

the AOC and the AOC will assist the court in locating a certified interpreter. If a

Certified Court Interpreter cannot be located, efforts will be made to identify a

Justice System Interpreter from the AOC Registry of Justice System Interpreters.

Only after both these avenues have been exhausted, may a court qualify and

retain another interpreter, using the qualifying questions (see Attachment D). The

court must make reasonable effort to qualify the interpreter as capable of

communicating effectively with the officers of the court and the person for whom

the interpreting is being done.

A non-certified court interpreter shall not be used for a juror or for the following

types of criminal proceedings if incarceration is possible under statute or

ordinance:

 An evidentiary hearing;

 A guilty or no-contest plea proceeding; or

 A trial.

A non-certified court interpreter shall not be used for a juror or for the following

types of civil proceedings:

 An evidentiary hearing

 A trial.

If no certified signed language interpreter can be found, courts must use an

interpreter with sufficient generalist interpreting credentials and may consult with

NMCDHH and AOC in order to find an appropriate interpreter. In the case of

signed language interpreters, in order for the court to qualify such an interpreter,

the interpreter must provide verification that s/he holds a community license from

the New Mexico Regulations and Licensing Department and, at minimum, a

generalist interpreting certification from RID.

Before scheduling a non-court certified interpreter, the court must request

authorization from the Administrative Office of the Courts.

c. USE OF TEAM INTERPRETING AND PROVISION OF BREAKS

1. To avoid court interpreter fatigue and promote and an accurate and

complete court interpretation, when the court anticipates that a court

proceeding requiring a court interpreter for a spoken language will last more

than two (2) continuous hours the court shall appoint a team of two (2)

interpreters to provide interpretation services for each spoken language.

2. If a situation requires signed language interpreting for over one (1) hour or

depending on the situational demands of the proceeding, the court shall

appoint a team of at least two (2) court interpreters.

3. For court proceedings lasting less than two (2) hours, the court may appoint

one (1) spoken language interpreter but the court shall allow the court

interpreter to take breaks approximately every thirty (30) minutes.

4. When two individuals require a signed language interpreter during the same

proceeding, two or more signed language interpreters may be appointed

regardless of the length of the court proceeding, in consultation with

NMCDHH.

5. For jury trials, team interpreting will continue throughout deliberations, with

both team members duly sworn and present in the deliberation room.

E. FINANCIAL RESPONSIBILITY FOR INTERPRETER SERVICES

1. The AOC will pay for interpreters in the following situations:

a. For a deaf or hard of hearing litigant, juror, observer (when an observer has

submitted a request to the court prior to the proceeding), or witness in any

type of court proceeding. Title II of the ADA requires local and state courts

to provide qualified signed language interpreters or other accommodation

to ensure effective communication with deaf and hard of hearing

individuals.

b. For a non-English speaking person who is a principal party in interest or a

witness in any proceeding.

c. For any non-English speaking juror; a certified court interpreter shall be

provided to petit and grand jurors, including jury orientation, voir dire,

deliberations, and all portions of the trial.

2. It is the responsibility of the private attorney, Public Defender or District

Attorney to provide qualified interpretation and translation services for witness

interviews, pre-trial transcriptions and translations prepared for use at trial and

attorney/client communications during proceedings.

3. The AOC will pay for translations in the following situations, with the noted

reservations:

a. For Sound Files: Interpreters may be asked or ordered to provide on-the-spot

simultaneous interpretation of an evidentiary sound file in a language other

than English. “The quality of in-court interpretation of a sound file will almost

always fall short of the evidentiary standards that must be met, due to lack

of time, technology, and resources required by the practitioner to perform

the task correctly.” Despite these considerations, should an interpreter be

ordered to interpret a recording on the spot, the interpreter should make it

clear to all parties that an immediate rendition of the material in question

will most likely fail to meet the standards set forth in the interpreter’s oath.

(Excerpted from: NAJIT Position Paper: Onsite Simultaneous Interpretation of

a Sound File is Not

Recommended,”http://www.najit.org/documents/Onsite%20Simultaneous

%20Interpre.pdf)

b. For Translation of Documents as requested by the court the use of

translators certified by the American Translator Association is highly

recommended. To access the directory of ATA certified translators, go to:

https://www.atanet.org/onlinedirectories/individuals.php#translators.

Courts may, with AOC approval, use a Certified Court Interpreter for

translation if it is not possible to use an ATA certified translator.

II. PAYMENT POLICIES AND PROCEDURES

A. Payment Schedule

Fee per Hour for Fee per Hour for

By Interpreter Classification Interpreting Travel Time

Certified Spoken Languages $46.00 $30.00

Certified Signed Languages

 Certified: Legal $60.00 $40.00

Specialist

 Certified: Legal $50.00 $35.00

Qualified

 Certified: Legal $25.00 $15.00

Apprentice

Non-Certified Spoken

Languages

 Justice System Spoken $25.00 $15.00

Interpreter

$10.00

 Other Interpreter $10.00

Spoken Languages

(must be pre-

authorized by AOC)

For Other Related Services

 Sound Files $46.00 per hour of N/A

transcription

 Translations $46.00 per hour of N/A

translation

 Real Time Court Rate must be pre-

Reporting authorized by AOC

 Assessment of Rate must be pre-

Interpreter Need (e.g., authorized by AOC

With a deaf individual

who does not use

ASL)

All interpreters must have a Department of Finance & Administration (DFA)

vendor identification number before receiving payment. Interpreters who provide

a New Mexico gross receipts tax number will be paid gross receipts tax.

Interpreters will be paid the greater of the hourly rate or the guaranteed fee, as

listed in Section IV C. The time spent interpreting will be rounded to the nearest

quarter of an hour.

B. Travel and Parking Reimbursement

An interpreter traveling to an assignment where the roundtrip mileage exceeds

30 miles shall be compensated for mileage at the rate established by the New

Mexico Supreme Court and for travel time per the payment schedule. The

interpreter must follow a travel route that is reasonable and report odometer

readings. Recognized Internet sites, such as Rand McNally and MapQuest are

acceptable for establishing point to point mileage. A chart of map miles (city to

city) is also attached for reference.

Parking expenses are allowable if incurred while an interpreter is attending court

and the court does not provide parking for the interpreter. Original receipts must

be submitted.

C. Per Diem for Assignments Requiring Overnight Accommodations

For assignments beginning at 8:00 a.m. or concluding on or after 5:00 p.m., an

interpreter may be reimbursed for meals and overnight accommodations if their

one-way travel time exceeds one and a half hours (90 minutes). Exceptions may

be made with the approval of AOC. Per diem and expenses will be paid at the

rate of $85 per 24-hour period or through submission of actual receipts as allowed

in the Mileage and Per Diem Act and the New Mexico Supreme Court.

Interpreters coming in from out-of-state may also receive reimbursement for travel

by common carrier, e.g., plane. Plane fare will be reimbursed with the prior

approval of the AOC. Train fare cannot exceed the cost of coach airfare.

(See Attachment E for detailed instructions for requesting reimbursement and per

diem rates.)

D. Guaranteed Fees

Spoken language interpreters will be guaranteed a two-hour minimum when

scheduled for 4 hours or less and a four-hour minimum when the interpreter has

been scheduled for a full day for any type of proceeding. The minimum

guarantees include all interpreting done within that time frame. In recognition of

the scarcity of court certified signed language interpreters, signed language

interpreters will be guaranteed payment for all scheduled hours regardless of the

length of the actual assignment.

Interpreters (both spoken and signed language) will not be paid during lunch

breaks which are an hour or more in length, unless the interpreter is interpreting

for a non-English speaking juror who is sequestered for trial. Interpreters will be

paid during breaks that last less than one hour.

To receive the guaranteed minimum of two or four hours, the interpreter must be

available (able to appear within 10 minutes) to the court for two or four

consecutive hours. If the assignment concludes in less than the guaranteed

minimum, the interpreter must notify the court and remain available for other

assignments, including non-courtroom assignments. The interpreter must not

leave the courthouse without being excused by their primary court contact, e.g.,

the presiding judge, chief clerk, or supervising interpreter. If not dismissed, the

interpreter is required to perform whatever related service is requested, e.g.

interpreting for other proceedings or translating documents. If dismissed by the

presiding judge or other responsible person, the interpreter is entitled to the

guaranteed reimbursement in addition to travel time.

E. Guaranteed Payment Due to Cancellation With Less Than 24 Hours Notice

The court that schedules an interpreter shall be responsible for notifying the

interpreter of trial cancellations, continuances, re-settings or settlements. If the

interpreter does not receive notice 24 hours prior to the scheduled assignment

that the interpreter’s services are no longer required, the interpreter will be

entitled to the guaranteed minimum as described above, i.e. for spoken

language interpreters - two hours payment if scheduled for a half-day assignment

or less and four hours payment if scheduled for a full day; for signed language

interpreters – all scheduled hours, excluding the lunch hour on full day

assignments.

F. Providing Notice of Inability to Appear for a Previously Scheduled Assignment

It is the responsibility of the interpreter to provide a minimum of 24 hours notice to

a court should the interpreter find that he or she is unable to appear after having

accepted an assignment. The interpreter must abide by (except, of course, in the

case of an unexpected emergency or sudden illness) the same expectation of

notice as the courts. In the absence of specific sanctions, AOC is encouraging

courts to avoid scheduling interpreters who repeatedly cancel. AOC will help

these courts identify and schedule interpreters who are dependable and who

provide adequate notice when unable to fulfill an assignment.

G. COMPLETING AND SUBMITTING INVOICES FOR PAYMENT

1. Steps to Completing the Invoice (see Attachment F for Invoice)

a. After you complete your invoice, give the invoice to the court for approval

by the judge or the judge’s designee and routing to the Court’s Finance

Office. Invoices must be returned to the court for approval within seven

days of the date of service. An interpreter on contract must include their

contract number on the invoice. Invoices are available for completion on

the AOC website. Typed invoices are preferred.

b. Before forwarding the invoice to the AOC, court personnel will review it for

completeness, accuracy, and verification of interpreter certification.

Incomplete forms will be returned to the interpreter. District and

metropolitan court staff will enter the voucher before sending it to the

AOC. The court shall submit the original Certification of Interpretation form

(interpreter invoice) to the AOC. The AOC will enter vouchers for the

magistrate courts. The court will send the original documents to the AOC

and retain a copy for their records.

c. Be sure to follow-up with the court one week after your invoice has gone to

the court’s finance office. An interpreter should know when their invoice is

sent from the court to AOC.

d. When your invoice arrives at AOC Fiscal Division it is open, dated and

stamped. All calculations are audited and when mistakes are found the

invoice is sent back to the court and from the court to the interpreter for

corrections. The Fiscal Division cannot make changes. The Department of

Finance will not process an invoice with marked changes. Mistakes really

slow down the process.

e. After the audit your vendor identification and all line amounts from each

invoice are entered into SHARE, which is the state’s financial database for

approval by AOC Fiscal. AOC approval can take one to five days.

f. The approved invoice is printed and copied. The Department of Finance

(DFA) receives one original voucher with the invoice and AOC keeps and

files a copy of the voucher and the invoice.

g. Once AOC has your approved invoice, it takes five to ten days for your

invoice to be approved by DFA and your warrant cut.

h. Payment vouchers processed by the AOC for magistrate courts will be sent

directly to the interpreter. Payment vouchers for district and metropolitan

courts will be sent to the court for distribution.

2. How to Ensure Proper Submission of the Invoice and Prompt Payment

a. Complete your invoice, make sure you have signed it, and turn it in to the

court on the day of service.

b. Avoid careless mistakes when completing your invoice.

c. Check with the court one week after you submit your invoice to see that

it has been sent to AOC.

d. Set up direct deposit. Your money will reach your bank account about one

week quicker. To do this, call Heather Nash, 505-827-5016.

e. Keep excellent records about when you submit an invoice and when it

leaves the court for AOC.

f. Send your specific problems by e-mail to AOC, aocpjs@nmcourts.gov.

Provide as much information as possible regarding date of service, date

invoice submitted, date sent to AOC.

3. Avoiding Problems Before Submitting An Invoice

a. Reporting Mileage: Remember mileage is not reported in fractions of miles.

When an interpreter travels to the same court twice in one day, list all four

odometer readings, starting and ending readings in the morning and in the

afternoon on the same invoice (you’ll be able to squeeze it in). Show the

total miles for a.m. and p.m. and then total these for the total miles driven

for the day.

When an interpreter travels to courts in different cities on the same day, it is

probably easiest to complete a separate invoice for each city. The

mileage would then be round trip from city to city. For example, round trip

to El Paso from Alamogordo, charged to El Paso; round trip from

Alamogordo to Las Cruces charged to Las Cruces. This also applies to

travel time, as travel time is based on the total amount of miles driven.

b. Mistakes: DFA (the Department of Finance & Administration) will not

accept a form with mistakes and corrections. If a mistake is made when

completing an invoice, START OVER! An invoice sent in with mistakes

crossed-out and corrections added, will be returned to the court slowing

down payment. Round to the nearest quarter hour, this does not always

mean up.

b. Vendor Identification: Only use your DFA vendor ID number, which is

printed on the check stub of every payment you receive. Do not put your

social security number anywhere on the invoice.

[binding.law: PDF page 18 has no text layer (a scanned page) and is not served]

Attachment A

Step by Step Instructions for Scheduling Interpreters

New Mexico State Courts

Step by Step Directions for

Scheduling Certified Court Interpreters or Justice System

Interpreters

(September 2012)

1. When a spoken language court interpreter has been requested, first go to the

NM Directory of Certified Court Interpreters and Registry of Justice System

Interpreters: http://www.nmcourts.gov/newface/court-interp/directory.pdf

Interpreters are listed in the directory and registry by location and

language. Please note that spoken language Justice System Interpreters

may only interpret for proceedings, which cannot result in jail time.

They may not interpret for jurors.

When a signed language interpreter has been requested, contact Aimee Rivera,

aocaxr@nmcourts.gov or 505-841-7470.

2. If a proceeding is expected to involve more than two hours of constant

interpreting, you will need to schedule two interpreters for the assignment.

2. Begin by calling interpreters in your city or town. If you cannot locate a

certified Spanish court interpreter or you need an interpreter on very short

notice, please send a notice to Renee Lovato, aocrjl@nmcourts.gov,

requesting that she send a message to all interpreters regarding the assignment

(cc: aocpjs@nmcourts.gov).

Do this right away. The more notice we can provide regarding your assignment

the better chance of finding the interpreters you need.

You must include the following information in this notice:

 Type of case and proceeding, e.g., murder trial or domestic violence

hearing;

 Language needed;

 Number of interpreters required (for single proceedings expected to last

more than two hours, two interpreters must be scheduled;

 Where and when the interpreter is to report (date, time, place);

 Expected length of assignment or assignments (may be more than one on

same day or consecutive days);

 Person to contact at the court to accept assignment.

Renee will distribute this notice to all NM Certified Court and Justice

System Interpreters who will contact you directly if they can accept the

assignment.

4. If you need an interpreter in a language other than Spanish and there is not

an interpreter listed in the Directory or the interpreter listed is not available,

please contact Pam Sánchez, aocpjs@nmcourts.gov, or 505-827-4822. She

will provide you with names and contact information of certified or qualified

court interpreters in other states or approve the use of Certified Languages

International (CLI) depending on the nature and length of the proceeding for

which the interpreter is needed.

5. If you are using an out-of-state interpreter for telephonic (other than CLI) or

in-person interpreting, they must have a New Mexico Vendor ID #. They

can contact Heather Nash, AOC Fiscal, directly, aochal@nmcourts.gov.

All interpreters in-state or out-of-state should submit their bill on the

Interpreter Invoice Form included in the Interpreter Payment Policies and

Procedures. The invoice is also available as an Excel document on the

nmcourts website.