AB444: Bill Text

LRB-2979/3

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2001 - 2002 LEGISLATURE

2001 Assembly BILL 444

June 12, 2001 - Introduced by Representatives McCormick, Krawczyk, Walker, Albers, Musser, Riley, Sykora, Shilling, Pettis, Staskunas, Underheim, Turner, Balow, Young and Cullen, cosponsored by Senators George, Roessler, Hansen, Rosenzweig, Burke and Plache. Referred to Committee on Judiciary.

AB444,1,5 An Act to renumber and amend 885.37 (1); to amend 48.375 (7) (d) 1m., 814.67 (1) (b) 2., 885.37 (title), 885.37 (2), 885.37 (3) (b), 885.37 (3m), 885.37 (4) (a) (intro.), 885.37 (4) (b), 885.37 (5) (a) and 905.015; and to create 48.315 (1) (h), 885.37 (1g), 885.37 (6) to (10) and 938.315 (1) (h) of the statutes; relating to: fees paid to court interpreters.

Analysis by the Legislative Reference Bureau

Under current law, if a court knows that a person charged with a crime, a parent or child subject to juvenile court proceedings, a person subject to mental health or protective service proceedings, or a witness to one of those proceedings, is unable to communicate and understand English because of a language difficulty or a disability, the court is required to tell the person that he or she has the right to an interpreter. If the person cannot afford to pay for an interpreter, current law requires the court to provide an interpreter at the public's expense. Current law allows courts to authorize the use of interpreters in other court proceedings. Administrative agencies are also authorized under current law to use interpreters in contested cases.

Currently, the expenses of furnishing an interpreter in the supreme court, court of appeals, or circuit court is paid by the director of state courts. If the state public defender needs an interpreter to assist in preparing an indigent for a court proceeding, current law requires the state public defender to pay the expenses. In municipal court and before administrative agencies, the unit of government involved is required to pay the interpreter expenses. Current law limits the amount of fees for interpreters before a municipal court or an agency to $10 per 0.5 day or higher fees established by the unit of government.

Under current law, fees paid to interpreters in circuit court, the court of appeals, the supreme court, and assisting the state public defender in representing an indigent in preparing for court proceedings are set at $35 per 0.5 day. This bill increases the amount for fees paid to interpreters in circuit court, the court of appeals, and the supreme court to $35 per hour and provides funding for a project position in the director of state courts office to train and test court interpreters.

Under the bill, a qualified interpreter must be able to readily communicate with the person, transfer the meaning of statements to and from English in the court-related proceedings, and accurately interpret, in a manner that conserves the meaning, tone, and style of the original statement. The bill also allows the clerk of court to provide a qualified interpreter to assist a person with limited English proficiency when that person asks the court for assistance regarding a legal proceeding, such as how to bring an action to obtain a domestic abuse injunction.

The bill allows a person with limited English proficiency to waive the appointment of an interpreter if the court determines on the record that the waiver has been made knowingly, intelligently, and voluntarily, and allows the person to retract that waiver at any time during the court proceedings for good cause.

The bill requires the supreme court to adopt policies and procedures for the recruitment, training, testing, and retention of qualified interpreters, and requests that the supreme court cooperate with the technical college system in the training and testing of those interpreters.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB444, s. 1 Section 1. 48.315 (1) (h) of the statutes is created to read:

AB444,2,3 48.315 (1) (h) Any period of delay resulting from the need to appoint a qualified interpreter.

AB444, s. 2 Section 2. 48.375 (7) (d) 1m. of the statutes is amended to read:

AB444,3,14 48.375 (7) (d) 1m. Except as provided under s. 48.315 (1) (b), (c) and, (f), and (h), if the court fails to comply with the time limits specified under subd. 1. without the prior consent of the minor and the minor's counsel, if any, or the member of the clergy who filed the petition on behalf of the minor, if any, the minor and the minor's counsel, if any, or the member of the clergy, if any, shall select a temporary reserve judge, as defined in s. 753.075 (1) (b), to make the determination under par. (c) and issue an order granting or denying the petition and the chief judge of the judicial administrative district in which the court is located shall assign the temporary reserve judge selected by the minor and the minor's counsel, if any, or the member of the clergy, if any, to make the determination and issue the order. A temporary reserve judge assigned under this subdivision to make a determination under par. (c) and issue an order granting or denying a petition shall make the determination and issue the order within 2 calendar days after the assignment, unless the minor and her counsel, if any, or the member of the clergy who filed the petition on behalf of the minor, if any, consent to an extension of that time period. The order shall be effective immediately. The court shall prepare and file with the clerk of court findings of fact, conclusions of law and a final order granting or denying the petition, and shall notify the minor of the court's order, as provided under subd. 1.

AB444, s. 3 Section 3. 814.67 (1) (b) 2. of the statutes is amended to read:

AB444,3,16 814.67 (1) (b) 2. For interpreters, $35 per one-half day hour.

AB444, s. 4 Section 4. 885.37 (title) of the statutes is amended to read:

AB444,3,19 885.37 (title) Interpreters for persons with language difficulties or hearing or speaking impairments limited English proficiency.

AB444, s. 5 Section 5. 885.37 (1) of the statutes is renumbered 885.37 (1m), and 885.37 (1m) (b), as renumbered, is amended to read:

AB444,4,8 885.37 (1m) (b) If a court has notice that a person who fits any of the criteria under par. (a) has a language difficulty because of the inability to speak or understand English, has a hearing impairment, is unable to speak or has a speech defect the court shall make a factual determination of whether the language difficulty or the hearing or speaking impairment is sufficient to prevent the individual from communicating with his or her attorney, reasonably understanding the English testimony or reasonably being understood in English. If the court determines that, limited English proficiency and that an interpreter is necessary, the court shall advise the person that he or she has a right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided for him or her at the public's expense. Any waiver of the right to an interpreter is effective only if made voluntarily in person, in open court and on the record.

AB444, s. 6 Section 6. 885.37 (1g) of the statutes is created to read:

AB444,4,10 885.37 (1g) In this section:

AB444,4,11 (a) "Limited English proficiency" means any of the following:

AB444,4,13 1. The inability, because of the use of a language other than English, to adequately understand or communicate effectively in English in a court proceeding.

AB444,4,16 2. The inability, due to a speech impairment, hearing loss, deafness, deaf-blindness, or other disability, to adequately hear, understand, or communicate effectively in English in a court proceeding.

AB444,4,17 (b) "Qualified interpreter" means a person who is able to do all of the following:

AB444,4,18 1. Readily communicate with a person who has limited English proficiency.

AB444,4,21 2. Orally transfer the meaning of statements to and from English and the language spoken by a person who has limited English proficiency in the context of a court proceeding.

AB444,4,25 3. Readily and accurately interpret for a person who has limited English proficiency, without omissions or additions, in a manner that conserves the meaning, tone, and style of the original statement, including dialect, slang, and specialized vocabulary.

AB444, s. 7 Section 7. 885.37 (2) of the statutes is amended to read:

AB444,5,3 885.37 (2) A court may authorize the use of an interpreter in actions or proceedings in addition to those specified in sub. (1) (1m).

AB444, s. 8 Section 8. 885.37 (3) (b) of the statutes is amended to read:

AB444,5,17 885.37 (3) (b) In any administrative contested case proceeding before a state, county, or municipal agency, if the agency conducting the proceeding has notice that a party to the proceeding has a language difficulty because of the inability to speak or understand English, has a hearing impairment, is unable to speak or has a speech defect, the agency shall make a factual determination of whether the language difficulty or hearing or speaking impairment is sufficient to prevent the party from communicating with others, reasonably understanding the English testimony or reasonably being understood in English. If the agency determines limited English proficiency and that an interpreter is necessary, the agency shall advise the party that he or she has a right to a qualified interpreter. After considering the party's ability to pay and the other needs of the party, the agency may provide for an interpreter for the party at the public's expense. Any waiver of the right to an interpreter is effective only if made at the administrative contested case proceeding.

AB444, s. 9 Section 9. 885.37 (3m) of the statutes is amended to read:

AB444,5,21 885.37 (3m) Any agency may authorize the use of an a qualified interpreter in a contested case proceeding for a person who is not a party but who has a substantial interest in the proceeding.

AB444, s. 10 Section 10. 885.37 (4) (a) (intro.) of the statutes is amended to read:

AB444,5,24 885.37 (4) (a) (intro.) The necessary expense of furnishing an a qualified interpreter for an indigent person under sub. (1) (1m) or (2) shall be paid as follows:

AB444, s. 11 Section 11. 885.37 (4) (b) of the statutes is amended to read:

AB444,6,3 885.37 (4) (b) The necessary expense of furnishing an a qualified interpreter for an indigent party under sub. (3) shall be paid by the unit of government for which the proceeding is held.

AB444, s. 12 Section 12. 885.37 (5) (a) of the statutes is amended to read:

AB444,6,7 885.37 (5) (a) If a court under sub. (1) (1m) or (2) or an agency under sub. (3) decides to appoint an interpreter, the court or agency shall follow the applicable procedure under par. (b) or (c).

AB444, s. 13 Section 13. 885.37 (6) to (10) of the statutes are created to read:

AB444,6,11 885.37 (6) (a) If a person with limited English proficiency requests the assistance of the clerk of circuit courts regarding a legal proceeding, the clerk may provide the assistance of a qualified interpreter to respond to the person's inquiry.

AB444,6,15 (b) A qualified interpreter appointed under this section may, with the approval of the court, provide interpreter services outside the court room that are related to the court proceedings, including during court-ordered psychiatric or medical exams or mediation.