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Resources for Interpreting in Oregon



September 2018

The OJD offers a waiver of OJCIN fees to OJD certified and registered interpreters who meet certain criteria. OJCIN is the Oregon Judicial Case Information Network Systems. Subscribers may access public case information, documents, and registers of action in the Oregon eCourt Case Information network and Appellate Case Management System. In order to qualify for the subscription waiver, the contract interpreter must provide at least 50% of their interpreting work for OJD and meet OJD's Terms of Use requirements. Normal subscriptions do not include access to juvenile or civil commitment records, but contractors may request that separately. This represents an opportunity and cost savings to interpreters- normal initial subscriber fees are $150 with varying recurring monthly fees.

The application process for a fee waiver of the OJCIN subscription and account is online:

  1. Click the sign-up link on the OJCIN Online home page
  2. Complete the OJCIN Online-New Account application
  3. In the "Organization" field, contractors will write they are an OJD Certified or Registered Interpreter
  4. In the "Other Information" COMMENTS section, contractors will write they are an OJD Certified or Registered Interpreter
The OJD will send the contractor qualifying documentation requirements and waived fee account information.

 This option to access official court records is being made in addition to a long-standing OJD Uniform Trial Court Rule, UTCR 7.080, Interpreter's Requests for Information. This rule allows court interpreters to request relevant case information, lists of specialized terminology, or other documents from civil and criminal parties in anticipation of and preparation for providing court interpreting for a case.

 

This waiver recognizes the important, neutral role of court interpreters and the oath they take to provide confidential, accurate, and complete court interpreting services. This process is coordinated by the OJD OJCIN team, not CLAS. Any questions should be directed to OJD Subscriber/Business Support, 1-800-858-9658, ojcin.online@ojd.state.or.us


March 2019

Court Language Access Services (CLAS) advises that Oregon Judicial Department (OJD) contracted court interpreters may provide brief “courtesy" interpreting services for incidental communication that occurs before, after, or during breaks in proceedings.​

Statutory authority:

  • The OJD does not have payment authority to provide court interpreters for off-the-record services between limited English proficient (LEP) parties and non OJD personnel. However, for the efficiency of the court process, CLAS authorizes incidental off-the-record interpreting services for up to 10 minutes, unless otherwise instructed by the court.​​

Interpreting considerations:

  • Providing interpreting services to one of the case parties for a prolonged period outside of the presence of the other parties and the court may give the appearance of bias or a conflict of interest on the part of the interpreter. This would violate the court interpreter's duty under Canon 3 of the Code of Professional Responsibility for Interpreters in the Oregon Courts (CPR).
  • ​ The OJD contracted interpreter must ensure that the courtesy interpreting services (e.g. sight translating a plea petition) do not interfere with the court interpreter's availability to provide in-court interpreting services and must occur in the immediate vicinity of the assigned courtroom.
  • ​ ​Based on all of the circumstances and the interpreter's best judgment, the interpreter may refuse to provide courtesy services. If an attorney requires interpreting services beyond the scope described above, they may contract separately with a non-OJD assigned interpreter.



December 2018

The Code of Professional Responsibility for Interpreters in the Oregon Courts requires that the court interpreter render “a complete and accurate interpretation or sight translation, without altering, omitting anything from, or adding anything to what is stated or written, and without explanation." A typical standby scenario involves an individual who is relatively comfortable with English but expresses a preference to have an interpreter “on standby" in order to clarify or explain something which he or she may not have understood. Often the individual waits for a break or until the hearing is over and then expects the interpreter to summarize and clarify. Such summarization and clarification, tantamount to explanation, is outside of a court interpreter's scope of practice.

Only the Court may allow an exception to compliance with the Code.  When asked to be on “stand by," CLAS recommends that the interpreter inform the Court and the parties of the Code and the practical difficulties so that the Court may make an informed decision in answer to a standby interpreting request.  CLAS recognizes that the court has many factors to keep in mind when making procedural decisions.  Unless specifically instructed by the Court, court interpreters should not interpret on standby.​​


​October 2010

“Court Language Access Services advises that non-English recorded evidence be transcribed and translated by the moving party prior to being submitted as evidence, and that the court interpreter not perform interpretation of recorded evidence into English, except as instructed by the court."

 The Code of Professional Responsibility for Interpreters in the Oregon Courts requires that you, the court interpreter, render “a complete and accurate interpretation or sight translation, without altering, omitting anything from, or adding anything to what is stated or written, and without explanation." You may be hindered or precluded from doing so by obstacles frequently encountered in sound recordings (recorded 911 calls, recorded jail calls, recorded voice mail, etc.). Three common impediments are:

  • ​Lack of opportunity to request clarification of a word or an ambiguity
  • Poor quality recordings
  • ​Overlapping voices and sounds​

Due to these obstacles transcribers and translators of sound recordings employ explanatory footnotes. However, such explanations go beyond the scope of the court interpreter's role which is to interpret “without explanation."

Additionally, interpreting recorded non-English evidence for a party may cause you to be called as a witness by a party in order to explain or defend an interpretation in question. A court interpreter's neutral role as described in the Code of Professional Responsibility requires that you remain impartial, avoiding the appearance of bias. Being called as a witness by a party may create a situation which is perceived as a bias.

Therefore, Court Language Access Services recommends that you, the interpreter, carefully evaluate requests to interpret sound recordings being presented as evidence, and that you inform the judge and the parties of potential practical and ethical difficulties.​



October 2010

Court Language Access Services advises that non-English written evidence be translated into written document form by the moving party prior to being submitted as evidence, and that the court interpreter not perform sight-interpretation/translation of written evidence into English, except as instructed by the court.

The Code of Professional Responsibility for Interpreters in the Oregon Courts requires that you, the court interpreter, render “a complete and accurate interpretation or sight translation, without altering, omitting anything from, or adding anything to what is stated or written, and without explanation." You may be hindered or precluded from doing so by obstacles frequently encountered in written evidence (letters, notes, lists, accounts, etc.). Common impediments are:

  • Lack of punctuation, accents or spelling errors which can change the meaning of a word
  • Poor handwriting (whether in personal or official documents)
  • Unfamiliar abbreviations
  • Lack of opportunity to request clarification of an uncertain word or an ambiguity
  • ​Lack of access to dictionaries to research an unknown or uncommon word

Due to these obstacles a court interpreter might need or be asked to provide explanations to the court which is beyond the scope of the court interpreter's role which is to interpret “without explanation."

Sight-interpreting written non-English evidence for a party may cause you to be called as a witness by a party to explain or defend an interpretation in question. A court interpreter's neutral role as described in the Code of Professional Responsibility requires you to remain impartial, avoiding the appearance of bias. Being called as a witness by a party may create a perception of bias.

Therefore, Court Language Access Services recommends that you, the interpreter, carefully evaluate requests to sight-interpret written documents being presented as evidence, and that you inform the judge and the parties of potential practical and ethical difficulties.


November 2026

Court Language Access Services (CLAS) advises that the court interpreter should interpret open court proceedings for limited English proficient (LEP) crime victims. While interpreting for victims, the interpreter must adhere to their duty under the Code of Professional Responsibility for Interpreters in the Oregon Courts (CPR).

 

Per ORS 45.275(1)(b) and ORS 419C.285(4), CLAS provides interpreting services to victims who seek to exercise their right to attend or participate in criminal prosecutions and juvenile delinquency proceedings. Individuals are designated as victims by the prosecuting attorney or the court (ORS 147.500(13)).

 

Where CLAS assigns a team, these recommendations apply to each interpreter and the team should coordinate how they are carried out.

Access to justice considerations:

  • The interpreter will interpret the open court proceeding for the designated victim, regardless of whether the interpreter knew of the request before the hearing, unless otherwise instructed by the court, and will advise the court if unable to do so.

  • The interpreter, or one member of the interpreting team, should confirm the level of access the victim is requesting with the prosecuting attorney, the victim advocate, or the victim. If it cannot be confirmed, the interpreter will interpret the full proceeding.

  • It is for the court, not the interpreter, to decide when the victim may and may not attend or participate in a proceeding.

  • If a designated victim chooses not to receive interpreting for part or all of the proceeding, and the court does not appear to be aware, the interpreter should advise the court, follow the court's instructions, and inform the scheduler if the assignment changes.

Interpreting considerations:

  • When interpreting for a victim who wishes to attend or participate in a proceeding, the interpreter should pay special attention to their duty under the CPR to:

    • Maintain confidentiality,

    • Report any impediment to providing interpretation for the parties, victim or witnesses, and

    • Avoid the appearance of bias

  • When interpreting the testimony of a victim, as with any testimony, the interpreter should adhere to the CPR and best practices to ensure the best possible interpretation for the record.

  • Out-of-court interpreting for victims that is incidental to the proceeding should be very brief and not take place while the proceeding is in progress. OJD does not provide interpreting services for investigation of the case, witness preparation, or victim advocacy.

  • A crime victim's written statement to the judge should be sight-translated into the record by the court interpreter if requested. The statement does not fall under the guidelines in the CLAS memo Interpreting Concerns When the Court Interpreter is Asked to Sight-Interpret/Translate non-English Written Evidence into English.

​ 

Interpreting for Crime Victims Guidelines – Addendum

Tips for the Interpreting Team

In 2015, ORS 45.275 was amended to require the court to appoint an interpreter to interpret open court proceedings for a victim who seeks to exercise their rights to attend or participate. These rights are granted by Article I, sections 42 and 43 of the Constitution of Oregon.

When CLAS assigns an interpreter or interpreters to a hearing to provide a single interpretation for both a defendant and a victim who speak the same language:

  • All of the assigned interpreters are members of a single interpreting team providing services to all persons with an interpreting need. The interpreting team should use their best judgment to decide how those services will be provided (e.g. the use of equipment, the positioning of the interpreters).

  • If two interpreters are assigned, it is intended that the defendant and the victim receive one “shared" interpretation and not that the interpreters split up and both interpret at the same time.

  • The interpreter or interpreters should consider using simultaneous interpreting equipment to avoid the victim having to be in close proximity to the defendant.

  • When equipment is in use, mute or turn off the transmitter/microphone during confidential discussions between the defendant and defense attorney so the conversation is not sent to the victim's receiver/headphones.

  • If the victim is called to give testimony (as opposed to observing the proceeding), the interpreters should use their judgment to deploy themselves as would normally be the case for witness testimony and to ensure the best possible interpretation for the record.

  • While it may appear to other people in the courtroom that there are “extra" interpreters available, all interpreters assigned by CLAS are only available to interpret the proceeding and are not to be used by the parties in other ways except as described in the OJD-CLAS guideline memo, Interpreting Outside ​of Court or Off the Record.

When the hearing is remote or hybrid, with one or more participants appearing by video or phone:

  • The court's setup and whether a second channel for simultaneous interpreting is available may not be known in advance. The interpreter should be prepared to work in either mode, if their skills allow.

  • If the defendant and the victim receive simultaneous interpretation over the same channel, that channel must not allow them to speak to each other.

  • Privileged communication between the defendant and defense attorney must not be interpreted over a channel the victim or others are connected to.

  • If the connection setup does not allow for this, the interpreter should advise the court before the hearing begins.

When asked to sight-translate a crime victim's written statement to the judge, interpreters can consider:

  • Requesting time to review the written statement beforehand;

  • Requesting permission to ask the victim clarifying questions about the written statement;

  • Tactfully suggesting to the prosecuting attorney that the victim read their statement aloud to the court for interpretation (NOTE: It is for the victim to choose whether to offer a verbal or written statement).

Any time an interpreter is unable to provide effective interpreting services to an LEP victim, defendant or witness, the interpreter has a duty under the CPR to bring the issue to the attention of the court and the parties and to abide by the court's instructions.​