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N E W YO R K S TAT E U N I F I E D C O U R T S Y S T E M
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COURT INTERPRETER ‫اُردُو‬
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 N E W YO R K S TAT E U N I F I E D C O U R T S Y S T E M

COURT INTERPRETER

Manual and
Code of Ethics
2018
 Introduction

We are pleased to introduce the 2018 edition of the New York State Uni-
fied Court System’s Court Interpreter Manual and Code of Ethics. The
Manual provides information on the vital role that court interpreters
perform in the administration of justice and the professional standards
and ethical responsibilities they are obligated to maintain in carrying
out their duties. It also provides information about the selection and
employment of court interpreters.

The Unified Court System is committed to ensuring that court interpret-

ing professionals provide fair and impartial assistance to the diverse,
multilingual community we serve. It is our hope that this Manual, in set-
ting forth the high standards of performance and ethics to which court
interpreters are held, will help to promote that goal.

RONALD YOUNKINS BARRY CLARKE

Executive Director Chief of Operations
Office of Court Administration Office of Court Administration

2018

II
 Table of Contents
Court Interpreters in the New York State Unified Court System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Court Interpreter Employees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Per Diem Independent Contractors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
The Selection Process for Court Interpreters
in the New York State Unified Court System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A. COURT INTERPRETER EMPLOYEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Spanish Court Interpreters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Court Interpreter (non-Spanish), Senior Court Interpreter, and Principal Court Interpreter.. . . . . . . . . . . 3
American Sign Language Court Interpreter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Promotional Opportunities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

B. PER DIEM COURT INTERPRETERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Per Diem Court Interpreters–Spanish and Registry Languages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Per Diem Court Interpreters–Non-Registry Languages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Per Diem Court Interpreters–American Sign Language.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Experience and References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Identifying Qualified and Available Court Interpreters .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Court Interpreter Responsibilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Modes of Court Interpreting.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Accuracy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Impartiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Proficiency. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Professional Demeanor.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Case Preparation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Communication with the LEP, Deaf or Hard of Hearing Person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Addressing the Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Language and/or Hearing Difficulties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Errors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Quality Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Venues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
The Courts.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Problem-Solving Courts and Other Settings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

III
Remote Interpreting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
How It Works.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Who Provides the Service.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Challenges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Linguistic. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Fatigue Factor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Oath. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Court Interpreting Assignments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Code of Ethics of the Unified Court System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Office of Language Access. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Testing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Appendices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

A. Canons of Professional Responsibility for Court Interpreters.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

B. Judicial Bench Card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
C. Take Away Card - English. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
D. Pattern Jury Instructions 1:87 General Instructions-Interpreters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
E. Remote Interpreting Tip Sheet.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
F. Part 217-Rules of the Chief Adminstrative Judge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
G. Administrative Order, June 17, 1992.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
H. Oath. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
I. NYS Judicial Districts Map.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
J. Case Types. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
K. Title Standard for Court Interpreter, JG-18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
L. Title Standard for Court Interpreter Sign, JG-18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
M. Title Standard for Senior Court Interpreter, JG-21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
N. Title Standard for Principal Court Interpreter, JG-23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
O. Part 50 - Rules of the Chief Judge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
P. Dual Employment/Extra Service Approval Form:
Request for approval to serve with another state agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Q. Per Diem Court Interpreter (Freelance) American Sign Language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
R. Per Diem Court Interpreter (Freelance) Languages Other Than Spanish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
S. DFM Bulletin 1202: Per Diem Court Interpreter Payments .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
T. Budget Bulletin #1703, March 16, 2017. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
U. Per Diem Court Interpreter Invoice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
V. Glossary of Legal Terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
W. Glossary of Forensic Terms for Firearms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

IV
Court Interpreters in the New York
State Unified Court System
The New York State Unified Court System (UCS) is committed to ensuring that legal proceedings
conducted in New York’s courts and court agencies are equally accessible to all persons regardless of
an individual’s ability to communicate effectively in the spoken English language. Court interpreters
serve a fundamental role in the administration of justice by ensuring access to the courts for Limited
English Proficient (LEP) and Deaf or Hard of Hearing persons.

The court system provides spoken language and American Sign Language (ASL) interpreters in
proceedings for LEP persons and those who are Deaf or Hard of Hearing, at no cost to the court user.
In all legal proceedings parties are provided with interpreters to ensure that they can fully participate.
The New York State Courts obtain the services of interpreters in over one hundred languages
as diverse as:

Amharic Gujarati Mixteco Tibetan

Czech Hungarian Pashto Twi
Farsi Ibo Tagalog Uzbek
Fuzhou K’iché Tamil Yiddish
Fulani Mandinka Thai Yoruba

Court Interpreter Employees

In New York State court interpreters are employed in the following titles: Principal Court Interpreter,
JG-231; Senior Court Interpreter, JG-21; Court Interpreter, JG-18; Court Interpreter (non-Spanish), JG-182,
and Court Interpreter (ASL), JG-18. Interpreters may work full-time or part-time.

The title of Court Interpreter (Spanish) is a competitive class position that is primarily responsible
for interpreting between English and Spanish in the courtroom and other settings. The title of
Court Interpreter (non-Spanish), and Court Interpreter (ASL) (See Appendix K and Appendix L: Title
Standard for Court Interpreter, and Title Standard Court Interpreter Sign), are non-competitive
positions primarily responsible for interpreting between English and a spoken language other than
Spanish, and (ASL), respectively. An interpreter employed in the non-competitive position cannot take
promotional exams or request transfers to other courts. Court Interpreter employees may also assist
LEP persons in filling out forms, and may perform clerical tasks such as filing or answering inquiries,
and other related duties per the needs of the court.

The title of Senior Court Interpreter is non-competitive based on skills and experience. Individuals
holding this title supervise and coordinate the interpreters in the courts, including coordinating
work schedules, evaluating interpreters’ performance, and resolving problems in the delivery of
interpreting services, as well as providing interpreting services. Senior Court Interpreters may also
assist LEP persons in filling out forms and preparing complaints, answer routine inquiries from the
1) JG signifies the judicial grading of the position.
2) The court system currently employs court interpreters in the following languages: Arabic, ASL, Bengali, BCS (Bosnian/Croatian/
Serbian) Cantonese, French, Fuzhou, Greek, Haitian Creole, Hebrew, Italian, Korean, Mandarin, Polish, Punjabi, Romanian, Russian,
Spanish, Sylheti, Toisan, Urdu, Wenzhou and Wolof.

Court Interpreter • Manual and Code of Ethics 1

 public, and perform clerical tasks (See Appendix M: Title Standard for Senior Court Interpreter). In
some jurisdictions, Senior Court Interpreters and other supervisory court personnel may administer
language proficiency tests and obtain per diem interpreting services.

The title of Principal Court Interpreter is non-competitive, based on skills and experience. Principal
Court Interpreter is the highest ranking Court Interpreter in a citywide court or Judicial District. They
are responsible for prompt, accurate, and consistent oral, written, and sign interpreting services, and
are also responsible for supervising, coordinating activities, and evaluating the performance of Senior
Court Interpreters, Court Interpreters, and for oversight of per diem interpreters (See Appendix N:
Title Standard for Principal Court Interpreter).

Per Diem Independent Contractors

In addition to employees who have been appointed to UCS court interpreter positions, the UCS
contracts with individuals on an as needed basis, to provide interpreting services (“per diem” court
interpreters) where a court or judicial district does not have a staff interpreter available.

Those freelance or per diem interpreters are not employees of the court system; they are hired for the
day and paid a per diem rate. An invoice is submitted with supporting documentation in order for per
diem interpreters to receive payment.

The court system maintains a Registry3 of individuals who have successfully completed a written
English proficiency examination and an oral assessment in English and the other language. All court
interpreters are also required to undergo a fingerprint based criminal background investigation. The
languages for which the court system provides an oral assessment are:

Albanian French Italian Russian

Arabic Greek Korean Spanish
Bosnian, Croatian,
Haitian Creole Mandarin Urdu
Serbian (BCS)
Bengali Hebrew Polish Vietnamese
Cantonese Hindi Portuguese Wolof
Japanese Punjabi

The court system uses this Registry as a primary resource for selecting per diem court interpreters in
those languages listed above, as well as languages that do not have a corresponding oral assessment
(non-registry languages).

3 The NYS Registry of Per Diem Interpreters is available to court managers at each court and judicial district office, as well as through
the Office of Language Access. It is not available to Per Diem Interpreters or the general public.

2 Court Interpreter • Manual and Code of Ethics

The Selection Process for Court Interpreters
in the New York State Unified Court System
The Unified Court System has given a high priority to the development and implementation of
selection procedures to ensure that court interpreters have the necessary language proficiency to
perform their duties competently and professionally.

A. COURT INTERPRETER EMPLOYEES

Spanish Court Interpreters

Based upon an analysis of the knowledge, skills and abilities required to perform the duties of a court
interpreter, a two-part examination process has been developed to test candidates for permanent
positions. The first part requires candidates to be screened on a written, multiple-choice examination
that includes reading ability in English and Spanish, grammar, syntax and vocabulary in English and
Spanish, and translating written material from Spanish to English and vice versa.

Candidates who pass the written examination then take the oral language assessment; a job-
simulated video is used for this test. The candidate must interpret everything said on the video in
English into Spanish, and everything said in Spanish into English. Simultaneous and consecutive modes
of interpreting are assessed. Each candidate is also given short written passages in English and Spanish
which must be translated orally. An audio recording of each candidate’s performance is made and
evaluated by a group of specially trained bilingual professionals for accuracy, comprehension, fluency,
speed, clarity, and pronunciation.

To qualify for appointment to the competitive class court interpreter position4, an individual
must achieve a passing grade on both the competitive written and oral examinations, be eligible
for appointment from a list certified by the Chief Administrator of the Courts, be reachable for
appointment by application of the rule of “one in three,” undergo a criminal history background
investigation, and be appointed by the appropriate authority.

Court Interpreter (non-Spanish), Senior Court Interpreter, and Principal Court Interpreter

The titles of Court Interpreter in languages other than Spanish, Senior Court Interpreter, and
Principal Court Interpreter, are in the non-competitive class positions, and are filled on the basis of an
applicant’s qualifications and experience. In addition, court interpreter applicants in the 22 Registry
languages (see page 2) are required to successfully complete a written and oral language skills
screening process for inclusion in the Registry.

4 Competitive class court interpreter positions currently are available only in Spanish. All other non-Spanish court interpreter
positions are non-competitive and thus have a different selection process.

Court Interpreter • Manual and Code of Ethics 3

 American Sign Language Court Interpreter

Court Interpreter (ASL) is a non-competitive position that has a different selection process from
spoken languages (see Appendix L: Title Standard for Court Interpreter, Sign). An individual qualifies
for employment by being listed on the Registry of Interpreters for the Deaf, Inc. (RID), a nationally
recognized credentialing agency that certifies an individual’s competency in (ASL). The minimum
RID credential required by the NYS Unified Court System (as of December 2008) is the National
Interpreter Certification (NIC). RID’s directory of Certified Sign Language interpreters also includes
sign interpreters in other languages.

Prior to their appointment, candidates may also be required to participate in an assessment of their
language competency skills.

Section 390 of the Judiciary Law authorizes the temporary use of a sign interpreter who is “otherwise
qualified” when an RID-certified interpreter is not available. The Administrative Order also establishes
compensation rates for such sign interpreting services5.

Promotional Opportunities

Full-time Court Interpreter employees (foreign and sign language) are eligible to promote to the non-
competitive title of Senior Court Interpreter, a supervisory title found in the larger courts that typically
employ multiple interpreter positions (see Appendix M: Title Standard for Senior Court Interpreter).
Senior Court Interpreters supervise staff and per diem court interpreters, schedule interpreter
services for their court, interpret in the court, and may administer court interpreter exams in some
jurisdictions.

Full- time Court Interpreter employees may also promote to the non-competitive title of Principal
Court Interpreter. This opportunity is available to Court Interpreter employees with one year of
service in the Senior Court Interpreter title or an equivalent combination of education and experience.
Under the direction of a District Executive or Chief Clerk, a Principal Court Interpreter is the highest-
ranking Court Interpreter in a citywide court or Judicial District (see Appendix N: Title Standard for
Principal Court Interpreter), whose responsibilities include oversight and supervision of Senior Court
Interpreters, as well as staff and per diem court interpreters. Principal Court Interpreters may also
administer court interpreter examinations, investigate complaints, provide training and conduct
outreach for their court or jurisdiction.

Court interpreters with a minimum of two years of permanent, competitive class service, and Senior
Court Interpreters who once held the competitive title of Court Interpreter on a permanent basis,
are also eligible to take the promotional examinations for Court Clerk (JG-18) and Senior Court
Clerk (JG-21).

5 In 1992, the Office of Court Administration issued an Administrative Order which recognizes RID as the credentialing authority for
Certified Interpreters of the Deaf and Sign Language in court proceedings. The Administrative Order also establishes compensation
rates for such sign interpreting services. A copy of the Administrative Order, dated June 17, 1992, and a copy of Budget Bulletin 1703,
dated March 16, 2017, are attached as Appendix G and Appendix T respectively.

4 Court Interpreter • Manual and Code of Ethics

B. PER DIEM COURT INTERPRETERS

Per Diem Court Interpreters–Spanish and Registry Languages

In order to be eligible for assignments, per diem court interpreters must be on the NYS Registry of Per
Diem Court Interpreters. An individual may be placed on the Registry by passing the Court Interpreter
(Spanish) open-competitive examination or successfully passing the per diem language proficiency
examination.

With regard to other Registry languages, proficiency examinations are scheduled periodically, as
needed, for a particular location and language. Candidates are required to pass a written, multiple
choice English proficiency examination. Upon successful completion of the written examination,
candidates are assessed on their ability to interpret from English to the foreign language, and from
the foreign language to English, in both the simultaneous and consecutive mode. Each candidate also
is given short written passages in English and the foreign language, which must be orally translated.
Candidates are screened individually using a video format of simulated courtroom material. An audio
recording is made of the candidate’s interpretation, which is then evaluated by language experts for
accuracy, fluency, and clarity.

Unlike the open-competitive examination for Spanish Court Interpreter, which generates a rank-
ordered numerical score for an eligible list, this selection process will indicate a score of “pass” or “fail”
but not a numerical rank. The score for the written, multiple choice English proficiency examination
is provided to candidates for purposes of feedback. Individuals who pass the language exams are
required to undergo a criminal background investigation. Candidates who successfully complete this
process will be added to the NYS Registry of Per Diem Court Interpreters, which is available to all UCS
courts. The courts and judicial districts have discretion with regard to assignments offered to Registry
interpreters.

The Office of Language Access has the authority to remove interpreters, permanently or temporarily,
with or without cause, from the Registry. Removal from the Registry may be permanent or for a
limited timeframe and without prior notice. Registered interpreters may be removed due to failure to
qualify on a new oral assessment exam administered in a language for which the interpreter had been
registered, and for which there was no exam available.

Failure to provide updated contact information may result in removal from the Registry. Interpreters
may also request to be removed from the Registry. Violations of the Canons of Professional
Responsibility for Court Interpreters (See Appendix A) and the Code of Ethics (See page 16) may also
result in the interpreter being removed from the statewide Registry.

Per Diem Court Interpreters–Non-Registry Languages

Since 2006, the UCS has expanded the required English written proficiency test to include interested
candidates of all languages. Court Interpreter examinations are offered yearly for all languages.
Examinations in additional languages are developed periodically, as needed. Oral performance tests
in Albanian, Bengali and French were added in 2007, followed by Bosnian, Croatian, Serbian (BCS),
Hebrew, Hindi, Japanese, Punjabi (Eastern), Urdu and Wolof. Languages that are under consideration
for development in the future are Farsi, Fulani, Fuzhou, Mandinka, Romanian, Turkish, and Twi.
The competency of per diem court interpreters for Non-Registry languages (where there is no

Court Interpreter • Manual and Code of Ethics 5

 corresponding oral assessment) is verified by the Office of Language Access through a review of the
individual’s credentials, including formal language education, prior service as a court interpreter, or
interpreting in a legal setting, e.g., such as for private law firms, legal aid societies, administrative
tribunals, or in other situations involving the use of legal terminology or the interpreting of sworn
testimony; it may also be done by the judge presiding in the courtroom at the outset of a court
proceeding (See Appendix B: Judicial Bench card).

Per Diem Court Interpreters–American Sign Language

The UCS requires that all per diem American Sign Language (ASL) Interpreters be certified by the
Registry of Interpreters for the Deaf, Inc. (RID), a nationally recognized credentialing organization, in
the same manner as full-time American Sign Language Court Interpreters.

Experience and References

All per diem candidates are required to complete an application form which requests information
about previous interpreting work, other related bilingual experience, education, and appropriate
references. This information is used to help assess interpreting proficiency in languages for which an
oral screening examination is not available. Application forms are available in each locality, online
[Link] or through the Coordinator of
the Office of Language Access. Credentials are subject to verification.

Identifying Qualified and Available Court Interpreters

The Office of Court Administration (OCA) has established the Court Interpreter Electronic Scheduling
System (E-System) which enables Senior Court Interpreters and other supervisory personnel to identify
and access interpreting services in real time. The electronic directory is part of a comprehensive
scheduling system that contains the names, languages, geographic locations and availability of all
interpreting resources within locations of the UCS. It includes contact information for UCS court
interpreters, per diem interpreters both in the UCS Registry and additional languages, as well as
other resources.

6 Court Interpreter • Manual and Code of Ethics

Court Interpreter Responsibilities
To meet the challenge of ensuring that legal proceedings conducted in New York’s courts and court
agencies are accessible to all LEP court users, the New York State Unified Court System requires
that interpreters become familiar with the following requirements in order to carry out their
responsibilities:

Modes of Court Interpreting

The court interpreter shall be familiar with the most commonly used interpreting techniques. The
interpreter shall also know when these modes are required.

• SIMULTANEOUS MODE: requires that the interpreter speak contemporaneously with the
speaker whose statements are being interpreted, and is most often used in opening and
closing statements and any ongoing exchanges.

• CONSECUTIVE MODE: requires that the interpreter allow the speaker to complete a thought or
statement before giving his/her interpretation. This mode shall be used when LEP or Deaf or
Hard of Hearing persons are giving testimony, or are in direct dialogue with the judge, counsel
or an officer of the court.

• SIGHT TRANSLATION: the real time oral translation of a written document, with minimal
preparation.

Accuracy

Court interpreters shall:

• faithfully and accurately interpret what is said without embellishment or omission, while
preserving the language level and register of the speaker;

• provide a continuous simultaneous interpretation for litigants and the court of all open-court
speeches, questions, answers, instructions, directions, and court rulings;

• provide the most accurate interpretation of a word despite a possible vulgar meaning.
Colloquial, slang, obscene or crude language, as well as sophisticated and erudite language,
shall be conveyed in accordance with the usage of the speaker. An interpreter is not to tone
down, improve or edit any words or statements; and

• not simplify or explain statements for a LEP or Deaf or Hard of Hearing person even when the
interpreter believes that the person for whom he or she is interpreting is unable to understand
the speaker’s language level. If necessary, the LEP or Deaf or Hard of Hearing person may
request an explanation or simplification from the Court and/or judge.

Court Interpreter • Manual and Code of Ethics 7

 Impartiality

Court interpreters shall:

• maintain an impartial attitude at all times and avoid unnecessary contact or discussions with
counsel, witnesses or interested parties, either inside or outside the courtroom;

• not give legal advice

• avoid even the appearance of impropriety by informing the Court of any prior contact the
interpreter has had with any of the parties or jurors, as soon as he or she is aware of it. This
may include any contact as seemingly unimportant as merely recognizing someone in the
courtroom from the interpreter’s neighborhood, who the interpreter does not actually know.

Confidentiality

Court interpreters shall:

• ensure that disclosures made out of court by a LEP or Deaf or Hard of Hearing person through
the court interpreter to another person shall be confidential; and

• not disclose any information deemed confidential by the court.

Proficiency

Court interpreters shall:

• provide professional services only in matters or areas in which the interpreter can perform
accurately and when in doubt, inform the court of any impediment or inability to perform the
interpreting duties for any reason; and

• consult appropriate legal and bilingual dictionaries as needed. A glossary of legal terms
frequently encountered by court interpreters is provided in Appendix V and Appendix W.

Professional Demeanor

Court interpreters shall:

• speak in a clear, firm, and well-modulated voice;

• always be positioned so that the LEP, Deaf or Hard of Hearing person can hear and/or see
everything the court interpreter says or signs, and to ensure that the interpreter can hear and
see everything that is said or signed during the proceedings, without obstructing the view of
the judge, jury or counsel; and

• wear appropriate business attire. Court interpreters should check the dress code section of the
applicable collective bargaining agreement. Information is also available in the Unified Court
System’s Employee Handbook, [Link] on page 33.

8 Court Interpreter • Manual and Code of Ethics

 Case Preparation

Court interpreters shall, whenever possible, prepare for a proceeding by:

• having a basic understanding of the types of cases handled by the various courts, and thereby
preparing for anticipated vocabulary (See Appendix V and Appendix W: Glossary of Legal
Terms and Glossary of Forensic Terms).

• reviewing the case material including the charges, police reports, complaints, indictments,
transcripts of interviews, motions or any other documents to be used in the case; this
information may not be readily available.

• becoming familiar with the communication pattern, cultural background, and native language
level of proficiency of the LEP or Deaf or Hard of Hearing person; and

• informing the LEP or Deaf or Hard of Hearing person as to the interpretation mode or signing
technique that will be used.

Communication with the LEP, Deaf or Hard of Hearing Person

Prior to the initial court appearance, the court shall:

• advise the LEP or Deaf or Hard of Hearing person that the court interpreter’s role is to interpret
all statements and comments throughout the proceeding (See Appendix B, Judicial Benchcard
and Appendix C, Take Away Card-English);

• when necessary and where available, arrange for wireless interpreting equipment to be used6;

• advise the LEP or Deaf or Hard of Hearing person to direct all questions to counsel or to
the court; and

• advise the LEP or Deaf or Hard of Hearing person that the interpreter cannot engage
in independent dialogue, discussions or conversations with the LEP or Deaf or Hard of
Hearing person.

Addressing the Court

To ensure that all parties are properly identified for the record, court interpreters shall:
• utilize the first person singular when interpreting; and

• address the court using the third person singular to protect the record from confusion. For
example, “Your Honor, the interpreter cannot hear the witness;” “Your Honor, the interpreter
needs clarification of a word or phrase,” etc.

6 At the court’s discretion, and where available, this equipment may be used during the simultaneous interpreting of the proceeding
for LEP defendants.

Court Interpreter • Manual and Code of Ethics 9

 Language and/or Hearing Difficulties

During the course of a proceeding if:

• an interpreter does not understand a word, phrase or concept, the interpreter shall inform
the court which may, at its discretion, order an explanation, rephrasing or repetition of the
statement. The interpreter may request time to look up an unfamiliar word in the dictionary.

• the interpreter has difficulty hearing, he/she shall inform the court. The court may, at its
discretion, order the speaker to repeat the statement, to speak louder or change the position
of the interpreter in the courtroom.

• the interpreter is aware that an English word or legal term does not have an equivalent
translation, or that the word or concept does not exist in the foreign language, the interpreter
will immediately inform the Court using the third person, as previously described. The same
procedure should be followed if a word or term in the foreign language does not exist in
English. In all instances, the interpreter will follow the instructions of the Court.

Errors

• When an interpreter discovers an interpretation error, the interpreter shall immediately inform
the judge, even if the error is perceived after the proceeding has been completed.

Quality Control

It is the fundamental obligation of the interpreter to provide clear, accurate and impartial language
access to all LEP, Deaf and Hard of Hearing court users. The courts, in collaboration with OLA, will
take specific measures to enhance oversight of language access and ensure that the service provided is
of the highest quality.

Oversight includes, but is not limited to, review of random samples of audio recorded proceedings,
site visits to courthouses by OLA or designated staff, and implementation of an accessible and
transparent complaint process for LEP, Deaf and Hard of Hearing court users, attorneys, advocates,
court staff and the court interpreter named in a complaint.

This quality control process will allow for efficient and consistent resolution of complaints, whether by
way of training, remediation or permanent removal of a per diem interpreter from the Registry.

10 Court Interpreter • Manual and Code of Ethics

Venues

The Courts

The Unified Court System includes different types of courts. It is important that interpreters are aware
of where the courts are located and the types of cases each handles. Below are some of the courts in
which Court Interpreters are most often provided:

City County Supreme, Civil

Civil District Supreme, Criminal
County Family Surrogates

In addition to the courtroom, Court Interpreters may be provided for brief attorney/client interviews,
in order to facilitate furtherance in the matter before the court, that may be held in holding cells or
other areas of the courthouse, pre-trial conferences with Court Attorneys in judges’ chambers, and in
court offices where information and instructions are provided to the public.

Problem-Solving Courts and Other Settings

Court interpreters are provided in community courts and problem-solving courts that address specific
issues such as:

• Domestic Violence
• Drug Treatment
• Human Trafficking
• Mental Health
• Sex Offenses
• Veterans
Court interpreters may also assist in proceedings for Mediation, Fee Arbitration, and at hospitals.

In all courts and venues, court interpreters are bound by the same Code of Ethics and Canons of
Professional Responsibility (See Appendix A).

Court Interpreter • Manual and Code of Ethics 11

 Remote Interpreting
Providing a court interpreter who is qualified, professional and physically present in the courtroom
is always the goal. However, there are times when the need for an interpreter is not known in
advance, or no qualified interpreter is available in the specific language requested. In these instances,
the Office of Language Access may arrange for Remote Interpreting (See Appendix E: Remote
Interpreting Tip Sheet).

How It Works

Remote language access can be facilitated across the state using various technologies, including
videoconferencing and telephonic interpreting. The interpreter will appear at the NYC Office of
Court Administration (or another court facility), and be linked by telephone or video to the court
that needs the interpreter. When the case is called, the interpreter will be heard and/or seen by
all in the (offsite) courtroom, often through a speaker or speaker phone. Remote interpretation
is generally rendered in the consecutive mode. With additional equipment, simultaneous
interpretation may also be provided.

Who Provides the Service

Court interpreters who are employees of the Unified Court System (UCS) are called upon first to
provide remote interpreting. If a staff interpreter is unavailable, then per diem court interpreters may
be contracted to provide this service.

An interpreter providing remote services should always be interpreting from a UCS court facility, using
UCS equipment, and with appropriate oversight. Interpreting services should NOT be provided from
a non-court location or via an interpreter’s personal telephone, cellphone or computer, via Skype or
other connections from a non-UCS facility.

Benefits

Utilization of Remote Interpreting is cost effective and saves time, while also ensuring that:

• the court interpreter has been qualified or successfully screened by the UCS; there is oversight
of the interpreter and monitoring of technical issues by OLA staff and/or court staff.

• resolution of the matter is not delayed in order to obtain an available local interpreter.

• costs for travel are reduced or eliminated.

12 Court Interpreter • Manual and Code of Ethics

Challenges
As the language facilitator in court proceedings, the interpreter faces a variety of challenging
situations. To ensure that the record of interpreted proceedings is clear, the interpreter shall be aware
of the following:

Linguistic

• The interpreter shall orally translate the exact response of the witness or speaker, even if the
answer to a question is non-responsive.
• When an interpretation is challenged, the interpreter shall seek guidance from the court.
The court will determine whether the interpreted matter is substantial enough to warrant
any changes, and will make the final determination as to the acceptable interpretation
for the record.
• When an interpreter is required for a witness in a jury trial, jurors are advised that they must
rely on the translation provided by the interpreter. Jurors are also instructed to inform the
court if they disagree with the interpretation rendered (See Appendix D: NY Pattern Jury
Instructions, PJI 1:87). If this occurs, the interpreter must seek guidance from the court and not
engage in debate with the juror.
• If a witness testifying in a foreign language uses a few words in English, the interpreter shall
repeat those words for the record. If the witness utters a full English response, the interpreter
shall not repeat the words, sentences or phrases but shall seek direction from the court.
• When an objection is made, the interpreter shall interpret everything that was said up to the
objection and instruct the witness by hand gesture not to speak until the court has ruled on
the objection.
• When a communication problem arises between the interpreter and the LEP or Deaf or Hard
of Hearing person, (e.g., an individual is being disruptive or does not allow the interpreter to
speak), or when there is a need to instruct the witness as to proper usage of the interpreter
by the LEP or Deaf or Hard of Hearing person, the interpreter shall bring the matter to the
attention of the court.
• A court interpreter shall not characterize or attempt to explain testimony.
• The court interpreter shall not mimic any gestures made by the LEP person.
• A court interpreter shall not correct erroneous facts or make any inferences from any
statements made during a proceeding.

Fatigue Factor

• An interpreter shall inform the court, at an appropriate time during the proceedings, if the
quality of interpreting is at risk due to fatigue.
• Depending on the jurisdiction and the resources, interpreters may work in teams to reduce
fatigue. ASL interpreters frequently work in teams, because of the physicality involved in
sign language interpreting. Court managers may implement Team Interpreting for spoken
language interpreters as well where deemed necessary.7
7 For more information about Team Interpreting, contact the Office of Language Access at (646) 386-5670.

Court Interpreter • Manual and Code of Ethics 13

 Oath
Section 387 of the Judiciary Law requires that before entering upon his or her duties, an interpreter
shall file with the Clerk of the Court the constitutional oath of office.

This oath reads as follows:

“I do hereby pledge and declare that I will support the constitution of the
United States and the constitution of the State of New York, and that I will
faithfully discharge the duties of the position of Court Interpreter, according
to the best of my ability.”

This oath shall be executed by all interpreters, including interpreters with whom the court contracts
on a per diem basis. The oaths shall be filed with the Clerk of the Court8 (See Appendix H: Oath).
One signed oath will serve for subsequent engagements. However, According to the Judicial Bench
card (see Appendix B: Judicial Benchcard), a best practice for working with interpreters, staff or per
diem, includes swearing in the interpreter and placing the interpreter’s appearance (full name and
language) on the record.

Sample Interpreter Oath:

“Do you solemnly swear or affirm that you will interpret accurately, completely
and impartially, follow all official guidelines established by this court for legal
interpreting or translating, and discharge all of the duties and obligations of legal
interpretation and translation?”

In some cases a judge may also choose to conduct a voir dire to assess a court interpreter’s
qualifications. If this is an action taken by the judge to create a complete record, the interpreter,
whether per diem or staff, should comply.

In certain jurisdictions court interpreters may also be required to swear or affirm an oath in the
courtroom, to attest to their qualifications and abilities to discharge their duties.

8 The Office of Language Access may also maintain copies of the executed oaths.

14 Court Interpreter • Manual and Code of Ethics

Court Interpreting Assignments
• All interpreting assignments, for both employee and per diem court interpreters, should be
reflected in the mandatory Court Interpreter Electronic Scheduling System (E-System). This
statewide database, which is in real-time, helps ensure that interpreter services are utilized
efficiently. The system allows UCS personnel to see which interpreters (and in which languages)
are providing services in neighboring courts and jurisdictions at all times, and it is used to verify
payments to per diem interpreters.

• Court interpreter assignments vary from court to court, and from county to county, within the
same type of court. The interpreter may request general information about the assignment
upon arrival to the court.

• Per diem interpreters may also inquire about the type of case, upon confirmation of the
assignment.

• Depending on location, the court interpreter may report to the part clerk or supervisor
for assignment, and for any information or administrative support needed to perform
professional services.

• Once appointed to a court or jurisdiction, the court interpreter must accept assignment to any
case or matter requiring interpreting services within that court or jurisdiction.

• If an interpreter is unable to carry out an assignment, the court, agency head, part clerk or
supervisor should be informed immediately.

• Per diem court interpreters may, at their discretion, accept or decline assignments in any of the
sixty-two counties within the State of New York (see Appendix I: NYS Judicial Districts Map).

• Court personnel are to schedule interpreting assignments to meet the needs of the courts,
and are encouraged to call upon any/all interpreters who are listed as qualified for a
particular language.

• Per Diem Court Interpreters will be compensated for the length of time engaged in services
actually rendered (See Appendix T: Budget Bulletin # 1703, March 16, 2017).

Court Interpreter • Manual and Code of Ethics 15

 Code of Ethics of the Unified Court System
A Code of Ethics for Nonjudicial Employees was added to the Rules of the Chief Judge in January 2003.
This Code sets forth basic principles of ethical conduct that court employees must observe so that the
court system can fulfill its role as a provider of effective and impartial justice. The Code also provides
a comprehensive review of the existing laws, rules and ethical obligations that apply to nonjudicial
employees and may be found at 22 N.Y.C.R.R., Part 50 of the Rules of the Chief Judge of the State of
New York (See Appendix O: Part 50- Rules of the Chief Judge).

In keeping with the Unified Court System’s Code of Ethics, Canons of Professional Responsibility for
Court Interpreters, including per diem interpreters, were codified in February 2003 (See Appendix A).
To ensure that court interpreters do not violate any elements of the Code, they shall:

• immediately report to the Court any solicitation or effort to induce or encourage a violation
of any law, professional standard or regulation promulgated by the Chief Administrator of
the Courts;

• disclose, on the record, any services previously provided on a private basis to any of the parties
involved in a proceeding;

• not have any direct or indirect interest in any business or transaction, nor incur any obligations
which are in conflict with the proper discharge of the duties of court interpreter or which
may affect the outcome of the proceedings. An interpreter shall not derive personal profit or
advantage from any confidential information acquired while acting in a professional capacity;

• not accept money, consideration or favor for the performance of his or her duties from anyone
(other than the compensation received from the court);

• not use the court’s time, facilities, equipment or supplies for private gain or advantage;

• not serve in any proceeding which involves an associate, friend or relative of the interpreter;

• not give legal advice of any kind to anyone concerned with the proceeding, whether
solicited or not;

• never act as an individual referral service for an attorney; and

• not respond to requests or conduct interviews with the media.

In October 2003, the Unified Court System issued a memorandum to court managers designed to
clarify the issue of outside employment of court interpreters who are employees of the court system.
The memorandum reads, in part:

It is the court system’s policy that outside employment of any kind – paid or unpaid – must not
create a conflict of interest or interfere with the employee’s performance of his or her duties. Prior
to accepting outside employment, court interpreters should seek permission from their supervisor
or an appropriate person in the local administrative office. This will help ensure that engaging in
the outside employment does not compromise the public trust in interpreting services provided in
matters before the court.

16 Court Interpreter • Manual and Code of Ethics

No specific prohibition prevents court system interpreters from providing interpreting services
to criminal defense attorneys (including 18-B attorneys) and their clients. However, please
be reminded that the general rules regarding outside employment apply: Interpreters must
receive advance approval, and these services may only be provided outside the interpreter’s
normal work schedule (see Appendix P). Where the interpreter has previously provided outside
interpreting services for a party appearing before the court, the interpreter should disclose the
prior relationship to the court and the parties at the onset of the proceedings in which he or
she is assigned to interpret (See Appendix A: NYS Unified Court System Canons of Professional
Responsibility for Court Interpreters, Canon 7). In no event should an interpreter provide outside
interpreting services for a defendant during the course of the interpreter’s assignment to
interpret a hearing or trial.

Court Interpreter • Manual and Code of Ethics 17

 Office of Language Access
To ensure uniform administration of court interpreting services, the Office of Court Administration
(OCA) in 1994 created the position of Coordinator of the Office of Court Interpreting Services (CIS)
as part of the Division of Human Resources. In 2004, the functions of CIS were incorporated into
the Division of Court Operations. In 2015 the Office of Court Interpreting Services was renamed the
Office of Language Access. The Office of Language Access (OLA) assists in the development and
implementation of policies and best practices that support the NYS Unified Court System’s (UCS)
commitment to ensure that persons with Limited English Proficiency (LEP), or who are Deaf or Hard of
Hearing, have equal access to the courts and available court services. OLA is responsible for ensuring
that prompt, accurate and consistent foreign language and sign interpretation and translation are
provided in a manner that complies with UCS policies and procedures.

Complaints

The Unified Court System has a longstanding internal procedure to address complaints filed against
its court interpreters who are employees. Matters of concern revolving around an interpreter’s
lack of performing his or her duties are reported to that interpreter’s immediate supervisors, and
may be noted on probationary reviews, performance evaluations, and referred to the Inspector
General’s office.

All UCS personnel who are responsible for providing or supervising per diem court interpreters have
been given access to the Language Services Incident Report. This standardized form was developed by
the Office of Language Access and is available online, through the court system’s intranet at:
[Link]

Concerns or complaints about the quality of interpreting services provided may also be emailed to:
InterpreterComplaints@[Link]. Designated staff of OLA review all complaints on a case-by-case
basis, and make recommendations as needed.

The Coordinator of Language Access (and staff/designee) monitors and evaluates compliance with
OCA’s standards, policies and procedures for delivering interpreting services and is responsible for
maintaining a high professional standard for the delivery of these services. The Coordinator also
recommends the implementation of policies and procedures that will further facilitate accurate and
consistent oral, written, and sign language interpreting services.

Testing

In collaboration with the UCS Division of Human Resources, OLA may assist with development of the
civil service Court Interpreter (Spanish) examination and screening examinations in languages other
than Spanish. To that end, OLA also conducts an ongoing assessment of the language needs of the
courts statewide.

Working with other OCA units, representatives of the courts, and interpreting consultants, OLA
develops and presents in-service workshops and training programs for interpreters of all languages.
These programs cover a wide variety of subjects including interpreting modes, ethics, rules, policies
and procedures, enhancement of language skills, and other related subjects.

18 Court Interpreter • Manual and Code of Ethics

Through partnership with local government, community groups, the UCS Advisory Committee on
Language Access, and members of the Bar, OLA works to assess and address the language needs of
court users throughout the state.

FOR MORE INFORMATION OR FOR ADDITIONAL INFO CONTACT:

OFFICE OF LANGUAGE ACCESS

Office of Court Administration • 25 Beaver Street, 8th floor • New York, NY 10004
Email: courtinterpreter@[Link]
Website: [Link]/courtinterpreter
Telephone: (646) 386-5670

Court Interpreter • Manual and Code of Ethics 19

 Appendices

A. Canons of Professional Responsibility for Court Interpreters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

B. Judicial Bench Card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

C. Take Away Card - English. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

D. Pattern Jury Instructions 1:87 General Instructions-Interpreters. . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

E. Remote Interpreting Tip Sheet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

F. Part 217-Rules of the Chief Adminstrative Judge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

G. Administrative Order, June 17, 1992. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

H. Oath.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

I. NYS Judicial Districts Map.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

J. Case Types.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

K. Title Standard for Court Interpreter, JG-18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

L. Title Standard for Court Interpreter Sign, JG-18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

M. Title Standard for Senior Court Interpreter, JG-21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

N. Title Standard for Principal Court Interpreter, JG-23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

O. Part 50 - Rules of the Chief Judge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

P. Dual Employment/Extra Service Approval Form:

Request for approval to serve with another state agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Q. Per Diem Court Interpreter (Freelance) American Sign Language . . . . . . . . . . . . . . . . . . . . . . . . . 51

R. Per Diem Court Interpreter (Freelance) Languages Other Than Spanish. . . . . . . . . . . . . 52

S. DFM Bulletin 1202: Per Diem Court Interpreter Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

T. Budget Bulletin #1703, March 16, 2017. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

U. Per Diem Court Interpreter Invoice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

V. Glossary of Legal Terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57

W. Glossary of Forensic Terms for Firearms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

20 Court Interpreter • Manual and Code of Ethics

 Appendix
AppendixA

Canons of Professional Responsibility for Court Interpreters

UNIFIED COURT SYSTEM’S

CANONS OF PROFESSIONAL RESPONSIBILITY
FOR COURT INTERPRETER
As officers of the court, interpreters are obligated to observe high stan-
dards of professional conduct to effectively perform their duties and to en-
sure public confidence in the administration of justice. The New York State
Unified Court System has approved “Canons of Professional Responsibili-
ty for Court Interpreters.” These Canons set forth principles of profession-
al conduct for all court interpreters. To perform their duties, interpreters
are obligated to meet these professional guidelines.

Canon 1 Court interpreters are obligated to interpret accurately and objectively

without indicating any personal bias or beliefs, avoiding even the
appearance of partiality.

Canon 2 Court interpreters shall maintain impartiality by avoiding undue

contact with witnesses, attorneys, defendants and their families,
and any contact with jurors. This should not limit, however, those
appropriate contacts necessary to prepare adequately for their
assignments.

Canon 3 Court interpreters shall reflect proper court decorum and treat with
dignity and respect all court officials and personnel and all parties
before the court.

Canon 4 Court interpreters shall avoid professional or personal conduct that

could discredit the court.

Canon 5 Court interpreters shall not disclose, except upon court order, any
information of a confidential nature about court proceedings and
cases, obtained while performing interpreting duties.

Court Interpreter • Manual and Code of Ethics 21

 Appendix
AppendixA

Canons of Professional Responsibility for Court Interpreters (cont.)

Canon 6 Court interpreters shall not engage in, nor have any interest, direct
or indirect, in any activity, business or transaction, nor incur any
obligation, that is in conflict, or that creates an appearance of conflict,
with the proper discharge of their interpreting duties or that affects
their independence of judgment in the discharge of those duties.

Canon 7 Court interpreters shall disclose to the court and to the parties in a case
any prior involvement with that case or private involvement with the
parties or others significantly involved in the case.

Canon 8 Court interpreters shall work unobtrusively with full awareness of the
nature of the proceedings.

Canon 9 Court interpreters shall refrain from giving advice of any kind to any
party or individual and from expressing personal opinions in a matter
before the court.

Canon 10 Court interpreters must accurately state their professional qualifications

and shall refuse any assignment for which they are not qualified or
under conditions that substantially impair their effectiveness.

Canon 11 Court interpreters shall not accept remuneration, gifts, gratuities or

valuable consideration in excess of their authorized compensation in
the performance of their official interpreting duties.

Canon 12 Court interpreters shall not take advantage of knowledge obtained in

the performance of official duties, or by their access to court records,
facilities, or privileges, for their own or another’s personal gain.

Canon 13 Court interpreters are obligated to inform the court of any impediment
in the observance of these Canons or of any effort by another to cause
these Canons to be violated.

22 Court Interpreter • Manual and Code of Ethics

 Appendix
AppendixB

Judicial Bench Card

T H E N EW Y O R K S TAT E U N I F I E D C O U RT S Y S T E M
UCS Benchcard and
Best Practices for Judges
WORKING WITH COURT INTERPRETERS
Persons with limited English proficiency (LEP) and those HOW DO I KNOW IF THE INTERPRETER IS
who are deaf or hard of hearing face special challenges when QUALIFIED?
they use the judicial system, and Court Interpreters serve a
fundamental role in providing access to justice for these The UCS uses two types of Court Interpreters:
individuals. (1) Staff Court Interpreter (UCS employee) or
(2) Per Diem Court Interpreter (freelancer/voucher-
WHO IS ENTITLED TO AN INTERPRETER?
paid) from the UCS Registry of Qualified Court
IN NEW YORK STATE, PARTIES AND WITNESSES WHO ARE Interpreters.
UNABLE TO UNDERSTAND OR COMMUNICATE IN ENGLISH OR Foreign language interpreters from both groups have satis-
CANNOT HEAR THE COURT PROCEEDINGS are entitled to an
fied the court system’s language-skills screening process
interpreter at every stage of a proceeding, in all types of
court cases. (Part 217 of the Rules of the Chief and assessment exams, as well as a criminal background
Administrator of the Courts, 22 NYCRR Part 217). A check; Sign language interpreters are required to hold cer-
judge may presume a need for an interpreter when an attor- tification from the Registry of Interpreters for the Deaf
ney or self-represented party advises the Court that a party (RID). The clerk or other court staff are responsible for
or a witness has difficulty communicating or understanding confirming an interpreter’s qualifications prior to schedul-
English, or that a party is deaf or hard of hearing. If a ing the interpreter to appear at your court.
request for an interpreter has not been made, but it appears
that a party or witness has limited ability to communicate Occasionally, the court may need to call upon an inter-
or understand court proceedings in English, a judge should preter who is neither a staff court interpreter nor a per
ask a few questions (on the record) to determine if an inter- diem interpreter on the UCS Registry of Qualified Court
preter is necessary: Interpreters. Such interpreters should be used only on an
emergency basis, if a staff or eligible per diem interpreter is
SAMPLE QUESTIONS TO ASSESS THE ENGLISH not available, and if remote interpreting cannot be
PROFICIENCY OF A PARTY OR WITNESS: arranged. If the court is unsure of an interpreter’s qualifi-
cations, the judge should review the interpreter’s creden-
What is your name?
tials by asking a few questions (on the record) at the outset
How comfortable are you in proceeding with this
of the court proceeding:
matter in English?
In what language do you feel most comfortable
speaking and communicating? SAMPLE VOIR DIRE QUESTIONS TO ASSESS
Would you like the court to provide an interpreter COURT INTERPRETER QUALIFICATIONS:
in that language to help you communicate and to
How did you learn English?
understand what is being said?
How did you learn the foreign language or sign
language that you will be interpreting today?
HOW DO I GET AN INTERPRETER FOR MY What training or credentials do you have to
COURT? serve as a court interpreter?
Depending on your location, a court administrator, clerk or How long have you been an interpreter?
senior court interpreter is responsible for scheduling and How many times have you interpreted in court?
assigning interpreters to the court. If there is no local inter-
preter available to appear in-person at your court,
REMOTE INTERPRETING, by phone or video-confer-
ence from another UCS location, can be arranged.

Court Interpreter • Manual and Code of Ethics 23

 Appendix
AppendixB

Judicial Bench Card (cont.)

Rev: 5/2015
BEST PRACTICES FOR WORKING WITH COURT INTERPRETERS:

EXPLAIN THE ROLE OF THE COURT SAMPLE INTERPRETER OATH:

INTERPRETER
"Do you solemnly swear or affirm that you will interpret
It is important that the party who needs an interpreter
accurately, completely and impartially, follow all official
understands the role of the interpreter. The judge should
instruct the interpreter to communicate the following guidelines established by this court for legal interpret-
information to the party, as it is read aloud by the judge, ing or translating, and discharge all of the duties and
in the courtroom: obligations of legal interpretation and translation?"

I have been informed that you are more comfort-

able communicating in (Foreign language or Sign ADVISE THE JURY (WHERE APPLICABLE)
language) instead of English.
Explain to jurors that languages other than English may be
The person next to you is the (language) interpreter. used during the proceeding. Even if members of the jury
The interpreter’s job is to repeat to you in (lan- understand the non-English language that is being spoken,
guage) everything that is said in English during jurors must base their decision on the evidence presented in
this court proceeding. the English interpretation. (See PJI 1:87 for a jury instruc-
The interpreter will also repeat for us anything you tion on interpreters.)
say in (language) back into English.
Nothing will be changed or left out of this interpre- ASSESS THE PERFORMANCE OF THE COURT
tation. The interpreter is not allowed to give you INTERPRETER
advice or have private conversations with you.
A judge’s observations can aid in the evaluation of an
The interpreter will not talk about your case with
interpreter’s performance, even if one does not speak the
anybody outside the court.
language that is being interpreted.
If something is not clear to you or you have a ques-
Accordingly, consider the following to determine if the inter-
tion, raise your hand. I (the Judge) will answer your
questions or concerns. Do not ask the interpreter
preter is communicating effectively during the proceeding:
directly for information or advice about the case.
Are there significant differences in the length
Do you understand what the interpreter is sup- of interpretation as compared to the original
posed to do? testimony?
Do you have any difficulty understanding the Is the interpreter leading the witness, or trying to
interpreter? influence answers through body language or facial
I will now swear-in the interpreter for the record. expressions?
Is the interpreter acting in a professional manner?
SWEAR-IN THE INTERPRETER Is the interpretation being done in the first-person?
For example, while verbally translating what is
All interpreters should be sworn-in. Placing the interpreter’s
being said in court, the interpreter will relay the
appearance on the record underscores the importance of words as if he/she is the person speaking.
adhering to the principles of good court interpreting. Also,
when the interpreter states his or her name, it is a good If the interpreter has a question, does he or she
opportunity to inquire whether any party knows the inter- address the Court in the third-person ( e.g. “Your
honor, the interpreter could not hear the last ques-
preter. This question can eliminate potential conflicts or the
tion...”) to keep a clear record?
appearance of impropriety.

If you have any concerns or questions about an interpreter's performance, contact the Chief Clerk of the court.
You may also contact the Office of Language Access at (646) 386-5670 or by e-mail:
InterpreterComplaints@[Link]

T H E N EW Y O R K S TAT E U N I F I E D C O U RT S Y S T E M

UCS Benchcard and Best Practices for Judges

WORKING WITH COURT INTERPRETERS

24 Court Interpreter • Manual and Code of Ethics

 Appendix
AppendixC

Take Away Card - English

Information About
Language Access Using a C
in the Courts Interprete
If you need an interpreter, the court will • To help with communica
provide one to you at no cost. This is a free court proceeding, you w
service for people who use the courts. interpreter who speaks

The reverse side of this card provides • The interpreter’s job is t

information about the court interpreter’s in your language, every
role, and what the interpreter can or in English by the Judge
cannot discuss with you. court.

If you have a question or concern about • The interpreter will also

court interpreting services, alert the Judge, that you say in your lang
speak to the Clerk of the Court where the English.
case is being heard, or contact the Office of
• Nothing that is said will
Language Access:
left out of this interpreta
Office of Language Access
• The interpreter is not al
NYS Unified Court System
advice or have private c
Office of Court Administration
you.
25 Beaver Street, 8th Floor
New York, New York 10004 • The interpreter will not
case with anybody outs
Phone: (646) 386-5670
Email: courtinterpreter@[Link] • If something is not clea
you have a question, rai
The judge will answer y
concerns. Do not ask th
directly for information

[Link]/courtinterpreter [Link]/cou

Court Interpreter • Manual and Code of Ethics 25

 Appendix
AppendixC

Take Away Card - English (cont.)

English
tion About
uage Access Using a Court
e Courts Interpreter
erpreter, the court will • To help with communication during the
u at no cost. This is a free court proceeding, you will be given an
who use the courts. interpreter who speaks your language.

of this card provides • The interpreter’s job is to repeat to you

the court interpreter’s in your language, everything that is said
interpreter can or in English by the Judge or others in the
th you. court.

tion or concern about • The interpreter will also repeat anything

services, alert the Judge, that you say in your language, back into
k of the Court where the English.
d, or contact the Office of
• Nothing that is said will be changed or
:
left out of this interpretation.
ge Access
• The interpreter is not allowed to give you
t System
advice or have private conversations with
dministration
you.
8th Floor
ork 10004 • The interpreter will not talk about your
case with anybody outside the court.
-5670
reter@[Link] • If something is not clear to you or if
you have a question, raise your hand.
The judge will answer your questions or
concerns. Do not ask the interpreter
directly for information or advice.

ov/courtinterpreter [Link]/courtinterpreter

26 Court Interpreter • Manual and Code of Ethics

 Appendix
AppendixD

Pattern Jury Instructions 1:87 General Instructions-Interpreters

PJI1:87General Instructions—Interpreters, N.Y. Pattern Jury Instr.--Civil 1:87

N.Y. Pattern Jury Instr.--Civil 1:87

New York Pattern Jury Instructions--Civil

Database updated December 2014

Committee on Pattern Jury Instructions Association of Supreme Court Justices

Division 1. General Charges

C. General Instructions Not Applicable to All Cases
6. Witnesses

PJI 1:87 General Instructions—Interpreters

You are about to hear testimony in [identify language other than English]. An interpreter will provide a translation. You must
rely only on the translation provided by the interpreter, even if you understand the language spoken by the witness and even
if you disagree with the interpreter's translation. If you believe that the interpreter translated testimony incorrectly, you must
advise the court immediately. Do not offer your own translation of any testimony to the other jurors at any point during the
trial or the deliberations.

Comment

Caveat: Absent special circumstances, this charge should be given immediately before the witness testifies.

22 NYCRR § 217 provides that “[i]n all civil and criminal cases, when a court determines that a party or witness, or an
interested parent or guardian in a Family Court proceeding, is unable to understand or communicate to the extent that he or
she cannot meaningfully participate in the proceedings, the court shall appoint an interpreter,” see People v Lee, 21 NY3d 176,
969 NYS2d 834, 991 NE2d 692 (2013). Interpreters must file the oath of office that is required by the Constitution with the
Clerk of the Court, Judiciary Law § 387; see People v Lee, supra. The Office of Court Administration internal Court Interpreter
Manual and Code of Ethics states that an interpreter must faithfully and accurately interpret what the witness has said without
embellishments or omissions, see Matter of Yovanny L., 33 Misc3d 894, 931 NYS2d 485 (Fam Ct 2011). The Interpreter Manual
also contains additional guidance as to the interpreter's impartiality, confidentiality, proficiency and professional demeanor, see
id. Interpreters are enjoined to provide services only in areas where they can perform accurately, and they should inform the
court immediately upon learning that an error has been made, see id. The Office of Court Administration has issued a benchcard
to aid judges in assessing interpreters' competence and performance. The contents of this benchcard are reproduced in Matter
of Yovanny L., supra.

An interpreter should be a person who is not biased and has no interest in the outcome of the case, Matter of James L., 143
AD2d 533, 532 NYS2d 941 (4th Dept 1988); see People v Lee, 21 NY3d 176, 969 NYS2d 834, 991 NE2d 692 (2013). There
may be circumstances where no competent disinterested interpreter is available and the court finds that it is necessary to appoint
a person with an interest or other potential source of bias, People v Lee, 89 AD3d 633, 933 NYS2d 272 (1st Dept 2011), aff'd,
21 NY3d 176, 969 NYS2d 834, 991 NE2d 692 (2013); Matter of James L., supra. In such cases, the court must interrogate the
interested interpreter to determine the extent of bias and, further, must admonish the interpreter to translate exactly what the
witness has said, Matter of James L. supra; see People v Lee, supra; People v Fisher, 223 NY 459, 119 NE 845 (1918).

In general, the court has discretion to determine whether a witness should be permitted to testify through an interpreter, People
v O'Sullivan, 258 AD2d 330, 686 NYS2d 2 (1st Dept 1999). The use of an interpreter may be permitted where a witness has
limited command of English and the clarity of his or her testimony would otherwise be hindered, id; see People v Morrison, 244
AD2d 168, 663 NYS2d 841 (1st Dept 1997); People v Wilson, 188 AD2d 405, 591 NYS2d 397 (1st Dept 1992). In Mehmood v
Wong, 18 AD3d 518, 795 NYS2d 86 (2d Dept 2005), a personal injury action, it was held that the trial court's failure to appoint

© 2015 Thomson Reuters. No claim to original U.S. Government Works. 1

Court Interpreter • Manual and Code of Ethics 27

 Appendix
AppendixD

Pattern Jury Instructions 1:87 General Instructions-Interpreters (cont.)

PJI1:87General Instructions—Interpreters, N.Y. Pattern Jury Instr.--Civil 1:87

an interpreter deprived plaintiffs of a fair trial where the witness's difficulty in understanding questions and answering them in
English was obvious and substantial questions were raised as to the jury's ability to understand the testimony. The appellate
court in Mehmood held that the trial court's alternative procedure, in which the witness was permitted to request the assistance
of an interpreter on a question-by-question basis, was not sufficient to remedy the problem.

The court may, in the exercise of its discretion, determine that an interpreter is competent and that any misunderstandings in
the translation process have been rectified, People v Watkins, 12 AD3d 165, 786 NYS2d 133 (1st Dept 2004); People v Nedal,
198 AD2d 42, 603 NYS2d 454 (1st Dept 1993); People v Frazier, 159 AD2d 278, 552 NYS2d 841 (1st Dept 1990); Matter of
James L., 143 AD2d 533, 532 NYS2d 941 (4th Dept 1988). Occasional difficulties in translation are not sufficient grounds to
challenge a verdict, at least where the difficulties are adequately rectified and the witness's testimony was properly presented
to the jury, People v Kowlessar, 82 AD3d 417, 918 NYS2d 41 (1st Dept 2011); see People v Watkins, supra (difficulties in
translation did not prevent effective cross-examination of witness). Thus, the court properly exercised its discretion in accepting
an interpreter's assurances that there had been adequate communication between herself and the witness, where the juror who
originally questioned the precision of the translation assured the court that she detected no real inaccuracies, People v Staley,
262 AD2d 30, 692 NYS2d 314 (1st Dept 1999). Whether any difficulties in the translation led to prejudice is an important
consideration, see People v Singleton, 59 AD3d 1131, 873 NYS2d 838 (4th Dept 2009); People v Watkins, supra; People v
Pham, 283 AD2d 952, 725 NYS2d 245 (4th Dept 2001). With respect to the interpreter's competence, consideration must be
given to the proposed interpreter's grasp of the English language as well as to his or her ability to follow the oath required by
Judiciary Law § 387, Matter of James L., supra.

Questions about the reliability of the process may arise when a juror who understands the language being translated into English
raises questions about the accuracy of the translation. In such instances, the questions should be resolved and the court should
seek assurances from the juror that he or she can accept the translation, People v Staley, 262 AD2d 30, 692 NYS2d 314 (1st
Dept 1999). When a juror raises questions about the accuracy of the translation after the verdict has been announced, the rules
against impeaching the verdict are applicable and the court should undertake inquiry only in extraordinary circumstances, such
as where there is a risk that a juror's knowledge of the witness's language put him or her in the position of an unsworn witness
in the jury room, People v Sanchez, 185 AD2d 331, 586 NYS2d 149 (2d Dept 1992).

Individuals who are profoundly hearing-impaired or profoundly speech-impaired are competent to testify and may give evidence
through an interpreter, Cowley v People, 83 NY 464 (1881); Matter of Luz P., 189 AD2d 274, 595 NYS2d 541 (2d Dept 1993).
Judiciary Law § 390 authorizes the appointment of “a qualified interpreter of the deaf sign-language.” For a discussion of the use
of sign language interpreters, see Matter of Luz P., supra, and People v Rodriguez, 145 Misc2d 105, 546 NYS2d 769 (Sup 1989).

End of Document © 2015 Thomson Reuters. No claim to original U.S. Government Works.

© 2015 Thomson Reuters. No claim to original U.S. Government Works. 2

28 Court Interpreter • Manual and Code of Ethics

 Appendix
AppendixE

Remote Interpreting Tip Sheet

T H E N EW Y O R K S TAT E U N I F I E D C O U RT S Y S T E M

Working with Interpreters

by Video or Teleconference
TIPS FOR REMOTE INTERPRETING
USE OF REMOTE INTERPRETING:
Remote Interpreting is a useful alternative in providing court interpreting services, when availability or
critical need renders on-site interpretation impractical.
Telephone or video interpretation may be used in place of on-site interpreting whenever the quality of
interpretation is not compromised and:
1. there is no on-site UCS staff or qualified freelance interpreter available, and there is a time-sensitive
matter to be heard; or
2. there is no available on-site UCS staff or qualified freelance interpreter available for a
less-immediate matter; or
3. it is more responsible to obtain the service by remote-means than to delay a court proceeding.
Remote interpreting may be considered a suitable option when there is a time-sensitive matter requiring
interpretation and no other resources are available. Adhering to the following “tips” will help to ensure that
the remote appearances run smoothly and efficiently.

SCHEDULING A REMOTE INTERPRETER: • Explain to the court user, through the interpreter, that
the interpreter's role is to translate what is said in the
The Clerk (or appropriate court personnel) should provide courtroom in English into the foreign language and
as much advance notice as possible when an interpreter is vice versa. The interpreter cannot give any advice, make
needed. Requests for remote interpreting services may be suggestions, or engage in private conversations with the
submitted online, using the Request for Remote court user.
Interpreting Services form that is available on Courtnet,
or by submission of a detailed e-mail to: • The court should advise all parties in the courtroom
remoteinterpreting@[Link] that one person should speak at a time, in a loud
and clear voice; it is impossible to interpret multiple or
Include as much case information as possible with the inaudible voices.
request for interpreting services (e.g., case type, procedural
phase, which party needs the interpreter), to help the • The court user should be advised (by the judge) that if
interpreter prepare for vocabulary or legal terminology they are unable to hear or understand what the inter-
that may be used during the procedure. preter has said, s/he should raise their hand and the
judge will ask for clarification from the interpreter.
If it is the first time the court is conducting a remote ses-
• If there is a jury present, explain that languages other
sion, a “test run” is strongly recommended. This test will
than English may be used during the proceeding. Even
confirm the clarity and proper use of video and/or tele-
if members of the jury understand the non-English lan-
phonic connections and equipment to be used during the
guage being spoken, jurors must base their decision on
remote interpretation, and should be conducted at least 30
the evidence presented in the English interpretation.
minutes prior to the remote session.
• In proceedings where an interpreter for the Deaf or
BEFORE THE PROCEEDING: Hard of Hearing is required, the positioning of the
parties is particularly important. Facial expressions, lip
• Before the proceeding begins, the court user should be movements and bodily gestures are interpreted. The
informed (by the Judge) that the interpreter is appearing by person who is deaf or is hard of hearing must be able to
video or phone; the judge should also ascertain that they see the monitor clearly, and the remote interpreter must
can both hear and understand one another. also be able to see the court user clearly.

Court Interpreter • Manual and Code of Ethics 29

 Appendix
AppendixE

Remote Interpreting Tip Sheet (cont.)

WORKING WITH INTERPRETERS BY VIDEO OR TELECONFERENCE

DURING THE PROCEEDING: EVALUATING THE REMOTE INTERPRETING

SERVICE:
• The Judge should have the interpreter state his/her
name, spelling it out, for the record. Inquire whether The court’s observation can aid in the evaluation of an
any party knows the interpreter, to eliminate potential interpreter’s performance. Accordingly, consider the
conflicts or the appearance of impropriety. following to determine if the interpreter is communicating
• Once the case is ready to proceed the interpreter can be effectively during the proceeding:
sworn in. Administering the oath to the interpreter
underscores the importance of adhering to the princi- • Are there significant differences in the length of
ples of clear and accurate court interpreting. interpretation as compared to the original
testimony?
SAMPLE OATH FOR THE INTERPRETER: • Does the individual needing the interpreter appear
to be asking questions of the interpreter?
“Do you solemnly swear or affirm that you will
interpret accurately, completely, and impartially, • Is the interpreter leading the witness, or trying to
follow all official guidelines for legal interpreting influence answers through body language or facial
or translating, and discharge all of the duties expressions?
and obligations of legal interpretation and • Is the interpreter acting in a professional manner?
translation?” • Is the interpretation being done in the first-person?
For example, while verbally translating what is
• Remote interpretation should be done in the consecu- being said in court, the interpreter must relay the
tive mode. All responses and verbal exchanges should statement as if he/she is the person speaking.
include a pause after a sentence or two, in order for the • In order to keep a clear record, does he/she address
interpreter to fully capture what is being said and to the Court in the third-person? (e.g. “Your Honor, the
orally translate. interpreter could not hear the last question.”)
• If the court user and his/her attorney need to confer pri-
vately, the handset of the telephone may be used; if one At the conclusion of each Remote Session, please complete
receiver is utilized, it should be shared between the court the Remote Interpreting Assessment, which is available
user and the attorney. online via Courtnet. The Office of Language Access (OLA)
relies on your comments and suggestions in order to make
• If needed, the court can utilize the ‘mute’ button for in-
remote interpreting a useful service.
court exchanges that do not involve the court user (sim-
ilar to an off-the-record bench conference). If an interpreter will be needed for a subsequent date, please
Beware of shuffling papers or other activity near the submit a Request For Remote Interpreting Services Form
microphones. Turn off cellphones and electronic to the Office of Language Access, so that the remote
devices. All sounds near the unit will be transmitted and arrangements can be made; scheduling arrangements for
may interfere with the interpretation. future assignments should not be made during the current
video or telephonic remote interpreting appearance.

If you have any concerns or questions about an interpreter's performance, contact the Chief Clerk of the court. You may
also contact the Office of Language Access at (646) 386-5670 or by e-mail: InterpreterComplaints@[Link]

T H E N EW Y O R K S TAT E U N I F I E D C O U RT S Y S T E M

Working with Interpreters

by Video or Teleconference
TIPS FOR REMOTE INTERPRETING
OLA TipSheet.2 Rev. 08.27.15

30 Court Interpreter • Manual and Code of Ethics

 Appendix
AppendixF

Part 217-Rules of the Chief Adminstrative Judge

ADMINISTRATIVE RULES OF THE UNIFIED COURT

SYSTEM & UNIFORM RULES OF THE TRIAL COURTS

Uniform Rules for N.Y.S. Trial Courts

PART 217. Access to Court Interpreter Services for Persons

With Limited English Proficiency

§217.1 Obligation to appoint interpreter in court

proceedings in the trial courts.

(a) In all civil and criminal cases, when a court determines that a party or witness, or
an interested parent or guardian of a minor party in a Family Court proceeding,
is unable to understand and communicate in English to the extent that he or she
cannot meaningfully participate in the court proceedings, the clerk of the court
or another designated administrative officer shall schedule an interpreter at no
expense from an approved list maintained by the Office of Court Administration.
The court may permit an interpreter to interpret by telephone or live audiovisual
means. If no pre-approved interpreter is available, the clerk of the court or
another designated administrative officer shall schedule an interpreter at no
expense as justice requires. This rule shall not alter or diminish the court’s
authority and duty to assure justness in proceedings before it.

(b) A person with limited English proficiency, other than a person testifying as a
witness, may waive a court-appointed interpreter, with the consent of the court,
if the person provides his or her own interpreter at his or her own expense.

§217.2 Provision of interpreting services in clerk’s offices.

A court clerk shall provide interpreting services at no expense to a person with limited
English proficiency seeking assistance at the court clerk’s office in accordance with
the needs of the person seeking assistance and the availability of court interpreting
services. Such services may be provided by telephone or live audiovisual means.

Court Interpreter • Manual and Code of Ethics 31

 Appendix
AppendixG

Administrative Order, June 17, 1992

32 Court Interpreter • Manual and Code of Ethics

Appendix
AppendixH

Oath

Court Interpreter • Manual and Code of Ethics 33

 Appendix
AppendixI

NYS Judicial Districts Map

Clinton

Ogdensburg Plattsburgh

Franklin
St. Lawrence

4th district
Jefferson Essex
Watertown

Lewis

Hamilton
Oswego
Warren
5th District Washington
Oswego
Glens
Falls
Fulton
Niagara Oneida
Orleans
Monroe Rome
Lockport Wayne Utica Herkimer Fulton Saratoga
Niagara Falls Rochester
Genesee Oneida Sherrill Gloversville
North Tonawanda Syracuse Little Falls
Johnstown Saratoga
Tonawanda Ontario
Batavia Springs
Buffalo Geneva
Onondaga Amsterdam
Auburn Montgomery Mechanicville
Lackawanna Canandeigua Madison
Seneca Schenectady
Erie 7th District Cayuga Cohoes Rensselaer
Wyoming Watervliet Troy
Livingston
Yates Cortland Otsego Albany Rensselaer
Dunkirk Norwich Schoharie
8th district Albany
Tompkins Cortland
Chenango Oneonta
Schuyler Ithaca 3rd district
Homell 6th District
Hudson
Chautauqua Cattaraugus Allegany Stuben
Greene
Salamanca Delaware Columbia
Jamestown Chemung Tioga Broome
Coming
Olean Binghamton
Elmira

Kingston

Ulster
Dutchess
Sullivan
Poughkeepsie

Newburgh Beacon

Middletown Putnam
9th district
Port Jervis
Orange Peekskill
Westchester
Rockland
White
Plains Rye
12th district New Rochelle
Mount Vernon
Bronx Yonkers

New York State 2015 1st district

New York
Glen
Cove Suffolk
10th district

Judicial Districts, Counties and Cities

New York
Nassau
2nd district
Kings
Long Beach
11th district
13th district
Richmond Queens

34 Court Interpreter • Manual and Code of Ethics

 Appendix
AppendixJ

Case Types

CITY, CRIMINAL AND DISTRICT COURTS

730 Hearing Mediation
Arraignments Menacing
Assault w/ Intent Misdemeanor Case
Burglary Petit Larceny
Criminal Mischief Possession of Gambling Device
Disorderly Conduct Public Lewdness
Domestic Violence Summons Appearance
Drug Case Theft of Services
DWI Traffic Court
Forcible Touching Trespassing
Harassment Unlicensed Vending
Loitering Violations

CIVIL COURTS AND DISTRICT COURTS

Civil Cases (up to $25K) Infant Compromises
Consumer Credit Dept. Transactions Landlord & Tenant (Rent arrears)
HP Action (Lack or repairs, heat/water) Name changes
Holdover (possession of apt.) Small Claims Court (suits for up to $5K)
Housing matters

FAMILY COURTS
Adoptions Mediation
Custody/ Visitation Neglect/ Abuse
Domestic Violence Paternity
Family Treatment Court PINS
Foster Care Support
Guardianship Termination of Parental Rights
Juvenile Delinquency

SUPREME COURT, CIVIL TERM OR NYS SUPREME COURT

(OUTSIDE OF NYC)
Commercial Cases Foreclosures Motor Vehicle Cases
Guardianship Infant Compromise NYC (vs. NYC Board of Ed, NYPD, MTA, etc.)
Mass Torts (ex: asbestos, products liability) Personal Injury
Matrimonial Special Proceedings (Art. 78)
Mechanic Liens Suits for over $25K
Medical Malpractice Tax Certiorari & condemnation cases
Mental Hygiene White Collar crimes (ex.: Fraud)

Court Interpreter • Manual and Code of Ethics 35

 Appendix
AppendixJ

Case Types (cont.)

SUPREME COURT, CRIMINAL TERM OR COUNTY COURT

(OUTSIDE OF NYC)
Arson Rape
Arraignments Robbery
Assault Sexual assault
Burglary Weapons Possession
Drugs (Possession, Sales) Estates and Trusts
Kidnapping Guardianship
Larceny Probate
Murder

SURROGATES COURTS
Accounting Guardianship/17 & 17-A
Administration Probate
Adoptions: Infant, family, Small Estate/Voluntary Administration
adult, foreign, and/or step-parent
Estates and Trusts Trusts
Fiduciary accounts Wills
Guardianship/17 & 17-A

36 Court Interpreter • Manual and Code of Ethics

 Appendix K

Title Standard for Court Interpreter, JG-18

TITLE: COURT INTERPRETER

Effective Date: 06/30/1994 Salary Grade: 18

Title Code Number: 9442707 Jurisdictional Classification: C or NC

DISTINGUISHING FEATURES OF WORK:

Court Interpreters are primarily responsible for interpreting between English and another
language in the courtroom and other settings. When court activity does not require
interpreting services, Court Interpreters also may oversee per diem interpreting services,
perform clerical tasks such as filing or answering inquiries, and other related duties.

TYPICAL DUTIES:
Interprets verbatim between English and another language in formal and informal settings.
Translates official, technical, medical and legal documents, certificates, letters and other written
material, and audio recordings into English or another language.
Assists non-English speaking persons in filling out forms and preparing complaints.
Performs clerical tasks such as indexing and filing court papers and answering routine inquiries
from the public.
May administer per diem interpreter proficiency tests, obtain per diem interpreting services and
evaluate language proficiency.
The above statements are intended to describe the general nature and level of work being
performed by persons assigned to this title. They do not include all job duties performed by
employees in this title, and every position does not necessarily require these duties.

KNOWLEDGE, SKILLS, AND ABILITIES:

Knowledge of English and another language including vocabulary, grammar and pronunciation,
as well as street language or slang, equivalent to that of a native speaker of English and the
other language.
Ability to accurately interpret oral exchanges from one language into another in both
simultaneous and consecutive modes.
Ability to communicate effectively with persons of varying linguistic levels and different cultural
backgrounds.
Ability to translate written documents.
Ability to read, write, and communicate verbally at a level equivalent to a twelfth grade
education in English and another language.
Ability to understand and follow oral and written instructions.

QUALIFICATIONS:
High school diploma or the equivalent; or An equivalent combination of education and
experience.
Note: All candidates will be tested for proficiency in English and another language.

Court Interpreter • Manual and Code of Ethics 37

 Appendix
AppendixL

Title Standard for Court Interpreter Sign, JG-18

TITLE: COURT INTERPRETER SIGN

Effective Date: 12/11/2008 Salary Grade: 18

Title Code Number: 9463251 Jurisdictional Classification: NC

DISTINGUISHING FEATURES OF WORK:

Court Interpreters (Sign) are primarily responsible for interpreting between American Sign
Language (ASL) and spoken English in the courtroom and other settings. They also translate
written documents into sign language. When court activity does not require interpreting
services, Court Interpreters (Sign) also may oversee per diem interpreting services, perform
clerical tasks such as filing or answering inquiries, and other related duties.

TYPICAL DUTIES:
Interprets verbatim between English and sign language in formal and informal settings.
Translates official, technical, medical and legal documents, certificates, letters and other written
material, and audio recordings into sign language.
Assists signers in completing forms and preparing complaints.
Performs clerical tasks such as indexing and filing court papers and answering routine inquiries
from the public.
May administer per diem interpreter proficiency tests, obtain per diem interpreting services and
evaluate language proficiency.
The above statements are intended to describe the general nature and level of work being
performed by persons assigned to this title. They do not include all job duties performed by
employees in this title, and every position does not necessarily require these duties.

KNOWLEDGE, SKILLS, AND ABILITIES:

Knowledge of the grammatical rules and syntax of American Sign Language.

Knowledge of English including vocabulary, grammar and pronunciation, including street
language or slang.
Knowledge of the policies, procedures and standards regarding provision of sign
translation services.
Ability to accurately interpret verbal and sign exchanges in simultaneous, consecutive, and
Sight modes.
Ability to read, write, and communicate verbally in a clear and concise manner.
Ability to translate written documents into sign.
Ability to understand and follow verbal and written instructions.
Ability to communicate effectively with persons of varying cultural backgrounds.

38 Court Interpreter • Manual and Code of Ethics

 Appendix
AppendixL

Title Standard for Court Interpreter Sign, JG-18 (cont.)

QUALIFICATIONS:
High School diploma or the equivalent and professional certification by a recognized
credentialing authority as required by Section 390 of the Judiciary Law;
or
An equivalent combination of education and experience.

Note: The Chief Administrative Judge has established the Registry of Interpreters for the Deaf,
Inc. (RID) as a recognized credentialing authority. The minimum RID credential required by the
New York State Unified Court System is the National Interpreter Certification (NIC).
Prior to appointment, candidates may be required to participate in a language competency skills

Court Interpreter • Manual and Code of Ethics 39

 Appendix
AppendixM

Title Standard for Senior Court Interpreter, JG-21

TITLE: SENIOR COURT INTERPRETER

Effective Date: 06/30/1994 Salary Grade: 21

Title Code Number: 9442706 Jurisdictional Classification: NC

DISTINGUISHING FEATURES OF WORK:

Under supervision, Senior Court Interpreters are responsible for supervising and coordinating
the activities of court interpreters and for evaluating their performance. Senior Court
Interpreters also interpret between English and another language, perform clerical and
administrative tasks, and other related duties.

TYPICAL DUTIES:
Plans and coordinates work schedules; trains subordinate staff and per diem interpreters;
develops work performance standards and checks for compliance with instructions and
procedures.
Evaluates court interpreters` language proficiency and overall performance based on
observation and comments provided by judges and others and prepares appraisals of their
performance.
Reviews and resolves problems concerning the fair and efficient delivery of interpreting services
and investigates complaints.
Assists in the selection of court interpreters; provides court interpreters with guidance and
supervises their work.
Provides information to court administrators to assist in further developing language services in
the courts.
Interprets verbatim between English and another language in formal and informal settings.
Translates official, technical, medical and legal documents, certificates, letters and other written
material, and audio recordings into English or another language.
Reviews time sheets and maintains related records.
Collects statistics and prepares periodic reports.
Administers per diem interpreter proficiency tests, and obtains per diem interpreting services
as necessary.
Assists non-English speaking persons in filling out forms and preparing complaints.
May perform clerical tasks and answer routine inquiries from the public.
The above statements are intended to describe the general nature and level of work being
performed by persons assigned to this title. They do not include all job duties performed by
employees in this title, and every position does not necessarily require these duties.

40 Court Interpreter • Manual and Code of Ethics

 Appendix
AppendixM

Title Standard for Senior Court Interpreter, JG-21 (cont.)

KNOWLEDGE, SKILLS, AND ABILITIES:

Knowledge of English and another language including grammar, usage, and punctuation,
as well as street language or slang, equivalent to that of a person using the language on an
everyday basis.
Knowledge of court procedures and practices and legal terminology.
Ability to train and lead subordinates and coordinate the activities of a subordinate staff.
Ability to evaluate staff performance against job requirements.
Ability to obtain information and solve problems.
Ability to establish work priorities.
Ability to simultaneously and accurately interpret oral exchanges between English and
another language.
Ability to communicate effectively with persons of varying linguistic levels.
Ability to translate written documents.
Ability to read, write, and communicate verbally in a clear and concise manner.
Familiarity with warrants, orders, petitions, calendars and other court documents and forms.

QUALIFICATIONS:
One year of permanent, competitive class service in the Court Interpreter title;
or
An equivalent combination of education and experience.

Court Interpreter • Manual and Code of Ethics 41

 Appendix
AppendixN

Title Standard for Principal Court Interpreter, JG-23

TITLE: PRINCIPAL COURT INTERPRETER

Effective Date: 12/01/2006 Salary Grade: 23

Title Code Number: 9463250 Jurisdictional Classification: NC

DISTINGUISHING FEATURES OF WORK:

Under the direction of a District Executive, or Chief Clerk, Principal Court Interpreters are the
highest ranking Court Interpreter in a citywide court or Judicial District. They are responsible for
ensuring prompt, accurate, and consistent, oral, written, and sign interpreting services. Principal
Court Interpreters are also responsible for supervising, coordinating activities, and evaluating
the performance of Senior Court Interpreters, Court Interpreters, and voucher paid interpreters.
Principal Court Interpreters maintain a schedule of interpreters assigned to courts or districts,
and make recommendations related to interpreter staffing. Principal Court Interpreters
interpret between English and another language, collect and analyze statistics related to
interpreter services, perform clerical and administrative tasks, and other related duties.

TYPICAL DUTIES:
Monitors the quality of interpreting services, evaluates problems and recommends solutions
related to interpreting services.
Plans and coordinates work schedules for all interpreters.
Trains subordinate staff and voucher paid interpreters.
Investigates and resolves complaints related to interpreter services.
Develops work performance standards and checks for compliance with instructions and
procedures.
Evaluates court interpreters` language proficiency and overall performance based on
observation and comments provided by judges and others.
Conducts performance evaluations.
Assists in the selection of court interpreters.
Provides court interpreters with guidance and supervises their work.
Provides information to court administrators to assist in further developing language services in
the courts.
Interprets verbatim between English and another language in formal and informal settings.
Translates official, technical, medical and legal documents, certificates, letters, other written
material and audio recordings into English or another language.
Reviews time and leave requests and maintains related records.
Collects statistics and prepares periodic reports.
Administers per diem interpreter proficiency tests, and obtains per diem interpreting services
as necessary.

42 Court Interpreter • Manual and Code of Ethics

 Appendix
AppendixN

Title Standard for Principal Court Interpreter, JG-23 (cont.)

Assists non-English speaking persons in completing forms and preparing complaints.

May perform clerical tasks and answers routine inquiries from the public.
The above statements are intended to describe the general nature and level of work being
performed by persons assigned to this title. They do not include all job duties performed by
employees in this title, and every position does not necessarily require these duties.

KNOWLEDGE, SKILLS, AND ABILITIES:

Knowledge of planning, management and evaluation techniques.
Knowledge of English and another language including grammar, usage, and punctuation,
as well as street language or slang, equivalent to that of a person using the language on an
everyday basis.
Knowledge of court procedures and practices and legal terminology.
Ability to train and lead subordinates and coordinate the activities of a subordinate staff.
Ability to evaluate staff performance against job requirements.
Ability to obtain information and solve problems.
Ability to establish work priorities.
Ability to simultaneously and accurately interpret oral exchanges between English and
another language.
Ability to communicate effectively with persons of varying linguistic levels.
Ability to translate written documents.
Ability to read, write, and communicate verbally in a clear and concise manner.

QUALIFICATIONS:
One year of service in the Senior Court Interpreter title;
or
An equivalent combination of education and experience.

Court Interpreter • Manual and Code of Ethics 43

 Appendix
AppendixO

Part 50 - Rules of the Chief Judge

RULES OF THE CHIEF JUDGE
PART 50. RULES GOVERNING CONDUCT OF NONJUDICIAL COURT EMPLOYEES
RULES OF THE CHIEF JUDGE
PART 50. RULES GOVERNING CONDUCT OF NONJUDICIAL COURT EMPLOYEES
Section 50.1 Code of ethics for nonjudicial employees of the Unified Court System.

PREAMBLE:
Section 50.1 A fairCode and independent
of ethics forcourt system isemployees
nonjudicial essential toofthe administration
the Unified Court of justice.
[Link]
employees must observe and maintain high standards of ethical conduct in the performance of their
duties in orderAtofair
PREAMBLE: inspire public confidence
and independent and trust
court system in the fairness
is essential to theand independence
administration of the courts.
of justice. Court
This
employees must observe and maintain high standards of ethical conduct in the performanceobserve,
code of ethics sets forth basic principles of ethical conduct that court employees must of their
in addition
duties to laws,
in order rulespublic
to inspire and directives
confidencegoverning
and trustspecific conducts,
in the fairness andsoindependence
that the court
of system can
the courts.
fulfill its role as a provider of effective and impartial justice.
This code of ethics sets forth basic principles of ethical conduct that court employees must observe,
in addition to laws, rules and directives governing specific conducts, so that the court system can
(I.) Court
fulfill employees
its role shall avoid
as a provider impropriety
of effective and the appearance
and impartial justice. of impropriety in all their activities.

(A.)
(I.) Court Court employees
employees shall
shall avoid respect and
impropriety andcomply with the law.
the appearance of impropriety in all their activities.
(B.)
(A.) Court
Court employees
employees shall
shallnot use or
respect attempt
and to with
comply use their positions or the prestige of judicial
the law.
affiliation to secure privileges or exemptions for themselves or others.
(B.) Court employees shall not use or attempt to use their positions or the prestige of judicial
(C.) Courttoemployees
affiliation shall notorsolicit,
secure privileges acceptfor
exemptions or themselves
agree to accept any gifts or gratuities from
or others.
attorneys or other persons having or likely to have any official transaction with the court
system.
(C.) Court employees shall not solicit, accept or agree to accept any gifts or gratuities from
attorneys or other persons having or likely to have any official transaction with the court
(D.) Court employees shall not request or accept any payment in addition to their regular
system.
compensation for assistance given as part of their official duties, except as provided by law.
(D.) Court employees shall not request or accept any payment in addition to their regular
(E.) Court employees
compensation shall not
for assistance perform
given any
as part offunction in a manner
their official that improperly
duties, except favors
as provided any
by law.
litigant or attorney.
(E.) Court employees shall not perform any function in a manner that improperly favors any
(II.) Court employees
litigant shall adhere to appropriate standards in performing the duties of their office.
or attorney.
(A.)employees
(II.) Court Court employees shall to
shall adhere perform their duties
appropriate properly
standards and with the
in performing diligence.
duties of their office.
(B.)
(A.) Court
Court employees
employees shall
shallbe patienttheir
perform and courteous to all and
duties properly persons
withwho come in contact with
diligence.
them.
(B.) Court employees shall be patient and courteous to all persons who come in contact with
(C.)
[Link] employees shall not discriminate, and shall not manifest by words or conduct bias
or prejudice, on the basis of race, color, sex, sexual orientation, religion, creed, national
origin, marital
(C.) Court status, age
employees shallornot
disability.
discriminate, and shall not manifest by words or conduct bias
or prejudice, on the basis of race, color, sex, sexual orientation, religion, creed, national
(D.) Court
origin, employees
marital shallornot
status, age disclose any confidential information received in the course
disability.
of their official duties, except as required in the performance of such duties, nor use such
information for personal
(D.) Court employees gain
shall notordisclose
advantage.
any confidential information received in the course
of their official duties, except as required in the performance of such duties, nor use such
information for personal gain or advantage.

1
44 Court Interpreter • Manual and Code of Ethics
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Section 50.1, cont.

(III.) Court employees shall conduct their outside activities in a manner that does not conflict with
their employment duties.

(A.) Court employees shall not engage in outside employment or business activities that
interfere with the performance of their official duties or that create an actual or appearance
of conflict with those duties.

(B.) Court employees shall not engage in political activity during scheduled work hours or at
the workplace.

Section 50.2 Rules governing conduct for nonjudicial court employees not contained in
this Part.

(a) Appointments by the Court. Court employees may not be appointed as guardians, guardians ad
litem, court evaluators, attorneys for alleged incapacitated persons, receivers, referees (to sell real
property) or persons designated to perform services for any of these, as provided in section
36.2(c)(3) of the Rules of the Chief Judge (22 NYCRR 36.2[c][3]).

(b) Financial disclosure. Court employees who are required to file financial disclosure statements
in accordance with section 40.2 of the Rules of the Chief Judge [22 NYCRR 40.2] must comply
with the requirements of that section.

(c) Political activity of personal appointees of judges. Court employees who are personal
appointees of judges on the judges' staffs may not engage in political activities as set forth in
section 100.5(C) of the Chief Administrator's Rules Governing Judicial Conduct (22 NYCRR
100.5[C]).

Section 50.3 Dual employment in the court service.

(a) No employee regularly employed in a position in the classified service in the Unified Court
System shall, while continuing to hold such position, accept appointment or employment in any
other position or title, or in any capacity whatsoever, on a full-time or part-time basis, either in the
classified or unclassified service, in another department or agency of the State or a political
subdivision, or in the Legislature or the Judiciary, for which employment compensation or salary
is payable, without the previous consent in writing of his or her appointing authority, except that
such consent shall be subject to approval by the Chief Administrator of the Courts for employees
of courts other than the appellate courts. Such written consent shall be required, in each case, for
each such additional appointment or employment accepted or undertaken by such employee.

(b) A willful violation of the provisions of this section shall be deemed sufficient cause for
disciplinary action, including removal.

Court Interpreter • Manual and Code of Ethics 45

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Section 50.4 Obstruction of court service rights; false representation; impersonation in

examination; misuse or misappropriation of examination material.

(a) Any person who shall willfully, by himself or herself, or in cooperation with other persons,
defeat, deceive or obstruct any person in respect of his or her right of examination, registration,
certification, appointment, promotion or reinstatement, pursuant to the provisions of this Part or
who shall willfully and falsely mark, grade, estimate or report upon the examination or proper
standing of any person examined, registered or certified pursuant to the provisions of this Part or
aid in so doing, or who shall willfully make any false representations concerning the same, or
concerning the person examined, or who shall willfully furnish to any person any special or secret
information for the purpose of either improving or injuring the prospects or chances of any person
so examined, registered or certified, or to be examined, registered or certified, or who shall
impersonate any other person, or permit or aid in any manner any other person to impersonate him
or her, in connection with any registration or application or request to be registered, shall for each
offense be subject to the provisions of section 106 of the Civil Service Law.

(b) A person who shall:

(1) impersonate, or attempt to or offer to impersonate, another person in taking an

examination held pursuant to this Part;

(2) take, or attempt to take or offer to take, such an examination in the name of any other
person;

(3) procure or attempt to procure any other person to falsely impersonate him or her or to
take, or attempt to take or offer to take, any such examination in his or her name;

(4) have in his or her possession any questions or answers relating to any such
examination, or copies of such questions or answers, unless such possession is duly
authorized by the appropriate authorities;

(5) sell or offer to sell questions or answers prepared for use in any such examination;

(6) use in any such examination any questions or answers secured prior to the
administration of the examination or secure the questions or secure or prepare the answers
to the examination questions prior to the administration of the examination, unless duly
authorized to do so by the appropriate authorities; or

(7) disclose or transmit to any person the questions or answers to such examination prior
to its administration, or destroy, falsify or conceal the records or results of such
examination from the appropriate authorities to whom such records are required to be
transmitted in accordance with this Part, unless duly authorized to do so by the
appropriate authorities;

46 Court Interpreter • Manual and Code of Ethics

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Section 50.4, cont.

shall be subject to the provisions of section 50(11) of the Civil Service Law. Additionally, a
person who is found by the appropriate administrative authority to have violated this section, in
addition to any disciplinary penalty that may be imposed, shall be disqualified from appointment to
the position for which the examination is being held and may be disqualified from being a
candidate for any civil service examination for a period of five years.

Section 50.5 Prohibition against certain political activities; improper influence.

(a) Recommendations based on political affiliations. No recommendation or question under the

authority of this Part shall relate to the political opinions or affiliations of any person whatever;
and no appointment or selection to or removal from an office or employment within the scope of
this Part shall be in any manner affected or influenced by such opinions or affiliations. No person
in the Unified Court System is for that reason under any obligation to contribute to any political
fund or to render any political service, and no person shall be removed or otherwise prejudiced for
refusing so to do. No person in the Unified Court System shall discharge or promote or reduce, or
in any manner change the official rank or compensation of any other person in the Unified Court
System, or promise or threaten so to do, for giving or withholding or neglecting to make any
contribution of money or service or any other valuable thing for any political purpose. No person
in the Unified Court System shall use his or her official authority or influence to coerce the
political action of any person or body or to interfere with any election.

(b) Inquiry concerning political affiliations.

(1) No person shall directly or indirectly ask, indicate or transmit orally or in writing the
political affiliations of any employee in the Unified Court System or of any person
dependent upon or related to such an employee, as a test of fitness for holding office. A
violation of this subdivision shall be subject to the provisions of subdivision 2 of section
107 of the Civil Service Law. Nothing herein contained shall be construed to prevent or
prohibit inquiry concerning the activities, affiliation or membership of any applicant or
employee in any group or organization which advocates that the government of the United
States or of any state or of any political subdivision thereof should be overturned by force,
violence or any unlawful means.

(2) No question in any examination or application or other proceeding pursuant to this

Part shall be so framed as to elicit information concerning, nor shall any other attempt be
made to ascertain, the political opinions or affiliations of any applicant, competitor or
eligible, and all disclosures thereof shall be disregarded. No discrimination shall be
exercised, threatened or promised against or in favor of any applicant, competitor or
eligible because of his or her political opinions or affiliations.

(c) Political assessment. No employee of the Unified Court System shall, directly or indirectly,
use his or her authority or official influence to compel or induce any other employee of the
Unified Court System to pay or promise to pay any political assessment, subscription or
contribution. Every employee who may have charge or control in any building, office or room
occupied for any governmental purpose is hereby authorized to prohibit the entry of any person,

Court Interpreter • Manual and Code of Ethics 47

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Section 50.5, cont.

and he or she shall not knowingly permit any person to enter the same for the purpose of making,
collecting, receiving or giving notice therein, of any political assessment, subscription or
contribution; and no person shall enter or remain in any such office, building or room, or send or
direct any letter or other writing thereto, for the purpose of giving notice of, demanding or
collecting a political assessment; nor shall any person therein give notice of, demand, collect or
receive any such assessment, subscription or contribution. No person shall prepare or take any
part in preparing any political assessment, subscription or contribution with the intent that the
same shall be sent or presented to or collected from any employee subject to the provisions of this
Part, and no person shall knowingly send or present any political assessment, subscription or
contribution to or request its payment of any employee. Any person violating any provision of this
subdivision shall be subject to the provisions of subdivision 3 of section 107 of the Civil Service
Law.

(d) Prohibition against promise of influence. Any person who, while holding any public office, or
in nomination for, or while seeking a nomination or appointment for any public office, shall
corruptly use or promise to use, whether directly or indirectly, any official authority or influence,
whether then possessed or merely anticipated, in the way of conferring upon any person, or in
order to secure or aid any person in securing any office or public employment, or any nomination,
confirmation, promotion or increase of salary, upon the consideration that the vote or political
influence or action of the last-named person, or any other, shall be given or used in behalf of any
candidate, officer or party, or upon any other corrupt condition or consideration, shall be subject
to the provisions of subdivision 4 of section 107 of the Civil Service Law. Any public officer, or
any person having or claiming to have any authority or influence for or affecting the nomination,
public employment, confirmation, promotion, removal or increase or decrease of salary of any
public officer, who shall corruptly use, or promise, or threaten to use any such authority or
influence, directly or indirectly in order to coerce or persuade the vote or political action of any
citizen or the removal, discharge or promotion of any officer or public employee, or upon any
other corrupt consideration, shall also be subject to the provisions of subdivision 4 of section 107
of the Civil Service Law.

(e) Political organizations. No employee of the Unified Court System may hold an elective office
in a political party, or a club or organization related to a political party, except that an employee
may be a delegate to a judicial nominating convention or a member of a county committee other
than the executive committee of a county committee.

Section 50.6 Practice of law.

(a) A lawyer who is employed full-time in any court or agency of the Unified Court System shall
not maintain an office for the private practice of law alone or with others, hold himself or herself
out to be in the private practice of law, or engage in the private practice of law except as provided
in this section.

(b) Subject to prior written application and approval as to each professional engagement, a person
referred to in subdivision (a) of this section may engage in the private practice of law as to matters
not pending before a court or a governmental agency, in uncontested matters in the Surrogate's

48 Court Interpreter • Manual and Code of Ethics

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Section 50.6, cont.

Court, uncontested accountings in the Supreme Court and other ex parte applications not
preliminary or incidental to litigated or contested matters. Such approval shall continue only to the
completion of the particular engagement for which permission was obtained, except that prior
Section
approval50.6, cont.
for the provision of pro bono services, authorized under subdivision (c) of this section,
may be granted on an annual basis with respect to an organization or project that provides such
Court, uncontested
services to persons accountings in thecounsel.
unable to afford Supreme Court
Prior mustexbeparte
and other
approval applications
obtained from: not
preliminary or incidental to litigated or contested matters. Such approval shall continue only to the
completion of the
(1) the particular
Chief engagement
Judge of the Court offorAppeals
which permission
for lawyerswas obtained,
employed except
in that that prior
court;
approval for the provision of pro bono services, authorized under subdivision (c) of this section,
may be granted on an annual
(2) the Presiding basis
Justice ofwith respect to an
the appropriate organization
Appellate or project
Division that provides
for lawyers employed such
by an
services Appellate
to personsDivision;
unable toand
afford counsel. Prior approval must be obtained from:

(1)
(3)the
theChief
ChiefJudge of the Court
Administrator of Courts
of the Appealsforforlawyers
lawyersemployed
employedininevery
that other
court;court or
court-related agency in the Unified Court System.
(2) the Presiding Justice of the appropriate Appellate Division for lawyers employed by an
(c) Appellate Division; and
(1) Persons referred to in subdivision (a) of this section may provide pro bono legal
(3) the Chief
services, Administrator
which of thewith
do not interfere Courts for lawyers employed
the performance in every
of their jobs, other court
in contested or or
court-related agency in the Unified Court System.
uncontested matters, except those brought in the courts of their own employment.

(c) (2) Pro bono services in any contested matter shall be performed under such written terms
(1)
andPersons
conditionsreferred
as mayto inbe subdivision
specified by(a)theofapproving
this section may provide
authority pro bono
designated legal
in paragraph
services, which
(b)(1), (2) or (3)doofnot
thisinterfere
[Link] the performance of their jobs, in contested or
uncontested matters, except those brought in the courts of their own employment.
(3) No provision of legal services or related activities authorized pursuant to this section
(2)
mayPro bono
take services
place duringinusualany contested matterunless
working hours shall appropriate
be performed under
leave such written
is authorized terms
and
and conditions as may be specified by the approving authority designated
charged. No public resources may be used in any such connection. Reasonable precautions in paragraph
(b)(1),
must be (2)taken
or (3)in of
allthis
cases section.
by approving authorities and authorized employees to avoid
actual and perceived conflicts of interest and the actual or perceived lending of the
(3) No provision
prestige or powerofoflegalthe services or related
public offices activitiesofauthorized
or positions the employeespursuant to this section
and conveying the
may take place during usual working hours unless appropriate
impression that such employees are in special positions to exert influence. leave is authorized and
charged. No public resources may be used in any such connection. Reasonable precautions
(d) An must be taken
employee in all
of the casesCourt
Unified by approving
System who authorities and authorized
is employed employees
on a part-time to avoid
basis shall not
actual and perceived conflicts of interest and the actual or perceived
participate directly or indirectly as a lawyer in any contested action or proceeding in the lending of thecourt in
which heprestige
or sheorserves,
powerorofinthe anypublic
otheroffices
practiceorofpositions
law whichof the employees and
is incompatible conveying
with or whichthe would
reflect impression
adversely upon that such
his oremployees
her position areorinthe
special positionsoftohis
performance exert influence.
or her duties. Such employee
may participate as a lawyer in uncontested actions or proceedings in the court in which he or she
(d) An employee
serves only with of thewritten
prior Unifiedapproval
Court System
of the who
ChiefisAdministrator
employed on aofpart-time
the [Link] shall not
participate directly or indirectly as a lawyer in any contested action or proceeding in the court in
which
(e) Nohepartner
or sheor serves, or inof
associate any other practice
a part-time of law which
law secretary or law is clerk
incompatible with or
shall practice lawwhich would
before the
reflect
justiceadversely
or judge by uponwhomhis or herlaw
such position or the
secretary or performance of his or her duties. Such employee
law clerk is employed.
may participate as a lawyer in uncontested actions or proceedings in the court in which he or she
serves only
(f) Each with prior
approving written or
authority approval
designeeof shall
the Chief
reportAdministrator
annually to the of the
ChiefCourts.
Administrator of the
Courts the number of requests and approvals. With respect to pro bono representation, each
(e) No partner or associate of a part-time law secretary or law clerk shall practice law before the
justice or judge by whom such law secretary or law clerk is employed.
Section 50.6, cont. 6
(f) Each approving authority or designee shall report annually to the Chief Administrator of the
authorized
Courts employee
the number of shall report
requests andannually to the
approvals. WithChief Administrator
respect to pro bono therepresentation,
number of each
representations and pro bono hours performed.

Court Interpreter • Manual and Code of Ethics 49

 Appendix P

Dual Employment/Extra Service Approval Form:

Request for approval to serve with another state agency
AC 1588 (Rev. 5/06)
STATE OF NEW YORK
OFFICE OF THE STATE COMPTROLLER
BUREAU OF STATE PAYROLL SERVICES
DUAL EMPLOYMENT/EXTRA SERVICE APPROVAL FORM
REQUEST FOR APPROVAL TO SERVE WITH ANOTHER STATE AGENCY

SEND APPROVALS TO:

Office of the State Comptroller
Bureau of State Payroll Services

TO BE COMPLETED BY EMPLOYEE

PRESENT EMPLOYMENT:

Name.................................................................................... Agency (where employed) ...........................................................

Title ..................................................................................... Dept. ID .......................................................................................

Last 4 Digits of Social Security Number ......................................

ADDITIONAL EMPLOYMENT REQUEST:

I request approval to render additional service to the......................................................................................................................

(Name of Agency) (Dept. ID)

at ............................................................... , for the period from .......................................through .................................................

(Location of Employment)

for the purpose of ...........................................................................................................................................................................

(Brief Description of Work to be Performed)

.........................................................................................................................................................................................................

.........................................................................................................................................................................................................

� I do not render additional service in any other agency.

� I render additional service in another agency. The name of that agency is

......................................................................................... Dept. ID ....................................

This requested additional service will not interfere with my regular duties.

Date ...................................................................... Signature ............................................................................................

ACTION BY HEAD OF DEPARTMENT OR AGENCY WHERE REGULARLY EMPLOYED

� * Approved � Disapproved (Do not forward to Office of the State Comptroller)

� Approved through ..........................................................

� Approved with the following limitations: ....................................................................................................................................

.........................................................................................................................................................................................................
This additional service will not interfere with the
performance of the employee’s regular duties.
Name of Agency Department Head

Date ................................................................... By ................................................................................

* ALL APPROVALS WITHOUT A LIMITING DATE WILL EXPIRE

CLOSE OF BUSINESS ON MARCH 31st OF THE FISCAL YEAR. (Signature & Title of Authorized Designee)

A Signed Original of this Form Must Be Forwarded to the Bureau of State Payroll Services Before Payments Can Be Processed.

50 Court Interpreter • Manual and Code of Ethics

 Appendix Q

Per Diem Court Interpreter (Freelance) American Sign Language

UCS-23

EMPLOYMENT
OPPORTUNITY
ANNOUNCEMENT
STATE OF NEW YORK
UNIFIED COURT SYSTEM

PLEASE POST
ANNOUNCEMENT NO. 1709
POSITION TITLE: PER DIEM COURT INTERPRETER (FREELANCE)
AMERICAN SIGN LANGUAGE

LOCATION: NEW YORK STATE COURTS

COMPENSATION: FULL-DAY RATE: $300.00

HALF-DAY RATE: $170.00
There are no fringe benefits available

QUALIFICATIONS: High School Diploma or the equivalent and professional certification by a recognized credentialing authority
as required by Section 390 of the judiciary law; or an equivalent combination of education and certification.

NOTE: The Chief Administrative Judge has established the Registry of Interpreters for the Deaf, Inc (RID) as a recognized
credentialing authority. The minimum RID credential required by the New York State Unified Court System is the National Interpreter
Certificate (NIC). Prior to appointment, candidates may be required to participate in an assessment of their language competency and
skills. Currently, RID CI certification is recognized as equivalent to the NIC requirement.

DISTINGUISHING FEATURES OF WORK:

Per diem court interpreters (Sign) are independent contractors who work on a per-diem basis and are primarily responsible for
interpreting between American Sign language (ASL) and spoken English in the courtroom and/or other settings. They perform
simultaneous and consecutive interpretation, as well as translation of court documents and other written material. For more information
see the Court Interpreter Manual and Code of Ethics at: [Link]/courtinterpreter/pdfs/[Link]

GENERAL INFORMATION:
Qualified individuals are listed in the Statewide Registry of per diem interpreters eligible for court interpreting assignments in the New
York courts based upon the specific counties where they would be willing to work. Interpreters who meet the qualifications listed will
be required to attend (at no fee) specific seminars on ethics and the courtroom procedures conducted by the Office of Language
Access. Unified Court System employees are not eligible to be placed on this registry.

APPLICATION PROCEDURES: Individuals can file directly by completing the Application For Language Skills Screening which is
available online at: [Link] or by contacting the Office of Language Access at the
address below:
Coordinator, Office of Language Access
Office of Court Administration
Division of Professional and Court Services
25 Beaver Street - Room 809
New York, NY 10004
Phone Number : 646-386-5670
e-mail: courtinterpreter@[Link]

There are NO APPLICATION FILING FEES OR EXAMINATION FEES for this opportunity at this time. However, individuals who
meet all of the qualifications, including passing the screening examinations, will be required to pay a fee for fingerprint processing
to conduct a required criminal history background check.

ISSUE DATE: April 2017 APPLICATIONS WILL BE ACCEPTED CONTINUOUSLY

The New York State Unified Court System is an equal opportunity employer, and does not discriminate on the basis of race, color,
religion, gender (including pregnancy and gender identity or expression), national origin, political affiliation, sexual orientation, marital
status, disability, age, membership in an employee organization, parental status, military service, or other non-merit factor.

Court Interpreter • Manual and Code of Ethics 51

 Appendix R

Per Diem Court Interpreter (Freelance) Languages Other Than Spanish

UCS-23

EMPLOYMENT
OPPORTUNITY
ANNOUNCEMENT
STATE OF NEW YORK
UNIFIED COURT SYSTEM

PLEASE POST
ANNOUNCEMENT NO. 1708
POSITION TITLE: PER DIEM COURT INTERPRETER (FREELANCE)
LANGUAGES OTHER THAN SPANISH*

LOCATION: NEW YORK STATE COURTS

While opportunities exist statewide, there is a special need for these language services in New York City
and for several counties in upstate New York.

COMPENSATION: FULL-DAY RATE: $300.00

HALF-DAY RATE: $170.00
There are no fringe benefits available

REQUIREMENTS: High School Diploma or the equivalent and a legal right to work in the United States.

The NYS Courts provide interpreters in over 100 languages each year. Candidates for ALL LANGUAGES are encouraged to apply.

*SPANISH court interpreter candidates must apply through the open competitive exam that is offered on a different schedule.

DISTINGUISHING FEATURES OF WORK:

Per diem court interpreters are independent contractors who work on a per-diem basis and are responsible for interpreting between
English and another language in the courtroom and/or other settings. They perform simultaneous and consecutive interpretation, as
well as translation of court documents and other written material.

ADDITIONAL QUALIFICATIONS:
To qualify as a per diem court interpreter, individuals must first demonstrate sufficient English language competency by passing
the New York State Court System's Written Test of English Language Proficiency and Legal Terminology. This 75-question
written test is designed to assess English language proficiency involving grammar, vocabulary, word usage, reading
comprehension, idiomatic expressions and legal terminology. Individuals are allowed 90 minutes to complete the written test and
must obtain a passing score. More information about this written test can be found at:
[Link]
Upon successful completion of the written exam, candidates may be assessed on their oral language skills. Oral Assessment
examinations are currently conducted in Albanian, Arabic, Bengali, Bosnian/Croatian/Serbian (BCS), Cantonese, French, Greek,
Haitian Creole, Hebrew, Hindi, Italian, Japanese, Korean, Mandarin, Polish, Portuguese, Punjabi (Eastern), Russian, Urdu,
Vietnamese, and Wolof. Please see the Candidate Guide for more information on the oral tests at:
[Link]
Candidates will be required to submit professional references related to their interpreting skills for languages that do not have an oral
assessment. Interpreters possessing out-of-state court interpreter certification or other federal certification or professional credentials
may apply for state reciprocity for the Registry designated languages or other languages subject to specific conditions (i.e., minimum
educational requirements, professional training and experience, and a criminal history check). Additional information on reciprocity
provisions may be found at: [Link]

GENERAL INFORMATION:
Successful individuals are listed in the Statewide Registry of per diem interpreters eligible for court interpreting assignments in the
New York Courts based upon the specific counties where they would be willing to work. Interpreters who meet the qualifications listed
will be required to attend (at no fee) specific seminars on ethics and courtroom procedures conducted by the Office of Language
Access. Unified Court System employees are not eligible to be placed on this registry. Written and oral examinations are administered
in test centers throughout New York State and are held on a periodic basis depending upon the needs of the courts.

APPLICATION PROCEDURES:
Individuals can file directly by completing the Application For Language Skills Screening which is available online at:
[Link] or by contacting the Office of Language Access at the address below:

Coordinator, Office of Language Access

Office of Court Administration
Division of Professional and Court Services
25 Beaver Street - Room 809
New York, NY 10004
Phone Number: 646-386-5670
e-mail: courtinterpreter@[Link]

There are NO APPLICATION FILING FEES OR EXAMINATION FEES for this opportunity at this time. However, individuals who
meet all of the qualifications, including passing the screening examinations, will be required to pay a fee for fingerprint processing
to conduct a required criminal history background check.

ISSUE DATE: April 2017 APPLICATIONS WILL BE ACCEPTED CONTINUOUSLY

The New York State Unified Court System is an equal opportunity employer, and does not discriminate on the basis of race, color,
religion, gender (including pregnancy and gender identity or expression), national origin, political affiliation, sexual orientation, marital
status, disability, age, membership in an employee organization, parental status, military service, or other non-merit factor.

52 Court Interpreter • Manual and Code of Ethics

 Appendix S

DFM Bulletin 1202: Per Diem Court Interpreter Payments

NEW YORK STATE

Unified Court System HONORABLE LAWRENCE K. MARKS

ADMINISTRATIVE DIRECTOR
RONALD P. YOUNKINS, ESQ.
CHIEF OF OPERATIONS

OFFICE OF COURT ADMINISTRATION

MAUREEN H. McALARY
DIRECTOR, DIVISION OF FINANCIAL MANAGEMENT

Division of Financial Management

DFM Bulletin Number 1202 March 30, 2012

TO: Holders of the Financial Planning and Control Manual

SUBJECT: Per-Diem Court Interpreter Payments

This bulletin promulgates a new form which replaces all previous forms, including vouchers,
for the reimbursement of per-diem court interpreter services. It also provides procedural direction
for entering interpreter invoices into the Statewide Financial System (SFS).

The newly created form is available both as a fillable PDF or as a two-part hard copy as follows:

Fillable PDF: Available on the DFM Forms page: Per Diem Court Interpreter Invoice

Two-Part Detachable Version (which provides a signed copy for the Interpreter): An initial
supply of forms will be sent to those courts currently using a two-part form. Subsequent quantities
should be requested from the Office of Court Interpreting Services on a quarterly basis.

The signed invoice form and the E-system check-in report are required before entry is made
into SFS. Each invoice corresponds to one instance of service by the court interpreter; multiple
assignments or payments will no longer be permitted on the same form.

4 ESP, SUITE 2001, EMPIRE STATE PLAZA, ALBANY, NEW YORK 12223

PHONE: 518-453-8600 . FAX: 518-474-3218 . MMCALARY@[Link]

Court Interpreter • Manual and Code of Ethics 53

 Appendix S

DFM Bulletin 1202: Per Diem Court Interpreter Payments (cont.)

-2-

Information needed for SFS data entry:

“Invoice Number” - The invoice number is unique for each reimbursement request and is created by
the fiscal office via data entry of date, type and court assignment. Guidelines are as follows:

Date of Interpreter Assignment: MM/DD/YYYY

Type of Assignment: HD (Half Day: am/ pm), FD (Full Day) or NC (Night Court)
Court Name: This field is limited to 13 characters. Abbreviations should be consistent.
Example: Cattaraugus Family Court could be entered as: Cattaraug Fam

Invoice remittance display: 04/24/2012 HD AM Cattaraug Fam

Vendors may access payment information through the SFS vendor support site.

Please ensure distribution of this bulletin to all personnel within your court/agency who may
be responsible for the processing of, or the monitoring of internal controls related to, court interpreter
payments. Thank you for your cooperation.

4 ESP, SUITE 2001, EMPIRE STATE PLAZA, ALBANY, NEW YORK 12223

PHONE: 518-453-8600 . FAX: 518-474-3218 . MMCALARY@[Link]

54 Court Interpreter • Manual and Code of Ethics

 Appendix T

Budget Bulletin #1703, March 16, 2017

NEW YORK STATE

Unified Court System

OFFICE OF COURT ADMINISTRATION

RONALD P. YOUNKINS, ESQ. MAUREEN H. McALARY

EXECUTIVE DIRECTOR DIRECTOR, DIVISION OF FINANCIAL MANAGEMENT

BARRY R. CLARKE, ESQ.

CHIEF OF OPERATIONS

Division of Financial Management

DFM Bulletin Number 1703 March 16, 2017

TO: Holders of the Financial Planning and Control Manual

SUBJECT: Per Diem Rates - Interpreter Services

* This supersedes the provisions of Budget Bulletin 362 dated April 24, 2006

Effective April 1, 2017 the rates for per diem interpreter services provided to the courts and
agencies of the Unified Court System shall be as follows:

Per Diem Interpreter Rates - Effective April 1, 2017

Full Day Rate Half Day Rate

$300.00 $170.00

The above rates are applicable to all sub-contractors providing per diem language or sign
interpreting services. The half-day rate listed above shall be the amounts payable for engagements
of four (4) hours or less in duration.

Please ensure distribution of this bulletin to all personnel within your respective jurisdictions
who may be responsible for the recruiting or making payments for per diem interpreting services,
or for the monitoring of internal controls relating thereto.

4 ESP, SUITE 2001, EMPIRE STATE PLAZA, ALBANY, NEW YORK 12223  PHONE: 518-453-8600  MMCALARY@[Link]

Court Interpreter • Manual and Code of Ethics 55

 Appendix U

Per Diem Court Interpreter Invoice

UCS_CIS-PDInvoice, Rev. 3/2017

NEW YORK STATE UNIFIED COURT SYSTEM
PER DIEM COURT INTERPRETER INVOICE
INTERPRETER INSTRUCTIONS: COURT PERSONNEL INSTRUCTIONS:
• Complete all items in Section A • Complete all items in Section B
• Submit form to court personnel, who will • Verify the hours worked with the E-system check-in/check-out,
fill-in Section B and attach a copy of the completed check-in page
• Sign the form at the conclusion of the • Sign the form at the conclusion of the assignment (Section C)
assignment (Section C) • Forward invoice to local Fiscal or District
• Keep a copy for your records Administrative office for processing of payment

SECTION A- TO BE COMPLETED BY THE INTERPRETER

NAME (clearly PRINT full name)

VENDOR ID # (A Vendor ID is required for all payments) if the Vendor ID# is not yet issued or unknown, enter the interpreter’s SOCIAL SECURITY or TAXID#

AGENCY OR BUSINESS NAME (if applicable)

ADDRESS CITY

STATE ZIP TELEPHONE

SECTION B- TO BE COMPLETED BY COURT PERSONNEL (ONLY)

DATE OF INTERPRETER ASSIGNMENT COURT

STREET ADDRESS CITY COUNTY

WAS THIS A REMOTE INTERPRETING APPEARANCE? *YES: NO: *IF YES Indicate remote technology used: VIDEO: PHONE:

IF YES: COURT THAT REQUIRED THE REMOTE INTERPRETER (This is the Court that pays the Interpreter )

IF YES: FROM WHICH COURT DID THE REMOTE INTERPRETER PHYSICALLY REPORT/APPEAR?

COURT PART CASE NAME OR DOCKET # LANGUAGE *START TIME *END TIME

*attach a copy of the completed check-in /

APPROVED PAYMENT TYPE AMOUNT ** check-out page from the E-system

HALF-DAY

FULL-DAY:
** NYS Unified Court System rates for per diem court
interpreters is $170 for half-day (up to four hours in
duration); $300 for full day. Amount will be verified by
OTHER:
UCS Administrative personnel prior to payment.

SECTION C- SIGNATURES (REQUIRED)

INTERPRETER:
The payment requested reflects services that I have provided, in compliance with UCS policies and procedures for court interpreters.
I hereby affirm that on the date of the interpreting assignment indicated on this form (you must check one of these options):
I HAVE NOT worked in another court within the UCS
I HAVE worked in another court within the UCS. Indicate court and county:

Interpreter Name (print) ▲ Interpreter Signature ▲ Date ▲

COURT PERSONNEL:
I certify that this invoice is just, true and correct, and that the services rendered were used in the performance of official functions and duties.

Court Employee Name & Title (print) ▲ Court Employee Signature ▲ Date ▲

FOR FISCAL PROCESSING / BUDGET OFFICE USE:

56 Court Interpreter • Manual and Code of Ethics

 Appendix V

Glossary of Legal Terms

A & R: Accounts and Records. In New York encouraging family stability and, when
City Family Court a statement of the Support necessary, the placing of children in foster
Collection Unit (SCU) on an order of support. care and in adoptive homes.

ABATEMENT: Removal or reduction of rent ACTION: A civil judicial proceeding where

based on landlord’s breach of warranty one party prosecutes another for a wrong
of habitability. In housing cases, tenants done or for protection of a right or
sometimes request abatement. prevention of a wrong. An action requires
service of process on an adversary party.
ABET: To assist, incite or encourage another
to commit an offense. ADJOURN: To delay a legal proceeding for a
brief period. To suspend until a later stated
ABUSE: Abuse of a child under 18 years of time or indefinitely
age. Used in cases where a parent or person
legally responsible for the child’s care is ADJOURNMENT: The postponement of a
alleged to have physically or sexually abused proceeding for a specific period of time.
the child or permits another person to
physically or sexually abuse the child. ADJUDICATE: To hear or try and
determine judicially.
ACCESSORY: One who assists, participates
in or contributes in a secondary role to the ADMINISTRATOR: Any person to whom
commission of an offense. letters of administration have been issued.
One who administers: executive. Law. One
ACCOMPLICE: An associate or partner in the who administers an estate.
commission of a crime.
ADMINISTRATOR c.t.a: Any person to whom
ACCUSE: To formally initiate criminal letters of administration, with the will
proceedings against a person by charging him annexed, have been issued.
or her with having committed an offense.
ADMINISTRATOR d.b.a: Any person to whom
ACD: “Adjournment in Contemplation of ancillary letters of administration have been
Dismissal” - Legal disposition of a case which issued (administer, carry out administration).
will be dismissed at the end of six months (or
one year, depending on the circumstances of ADMISSION: A statement made by a party
the case) if the defendant does not violate adverse to his or her interests. The act of
any laws during that period of time. admitting or the state of being admitted. A
confession of wrongdoing. The right to enter;
ACQUIT: To exonerate (by judge or jury) a access. An entrance fee.
person of the offense charged.
ADOPTION: A proceeding where a person
ACS: Administration for Children’s Services. or couple is given a legal relationship of
A city agency charged with investigating parent to a child, thereby acquiring parental
allegations of child abuse/neglect, rights and responsibilities as if the child was
biologically born to that person or couple.

Court Interpreter • Manual and Code of Ethics 57

 Appendix V

ADVERSARY: An opponent; the defendant is AMEND: To revise, modify or alter by

the plaintiff’s adversary. addition or deletion.

AFFIANT: One who swears to an AMOUNT REALIZED: The amount received

affidavit; deponent. by a taxpayer upon the sale or exchange of
property. This becomes the starting point
AFFIDAVIT: A sworn written for determine whether there is a sufficiently
statement of facts. substantial change in the taxpayer’s
AFFIRMED: Upheld, agreed with. For economic situation to warrant the imposition
example, the appellate court affirmed the of an income tax.
judgment of the Civil Court. ANCILLARY ADMINISTRATOR: Any person to
AGREEMENT: A manifestation of mutual whom ancillary letters of administration have
assent between two or more legally been issued.
competent persons which ordinarily leads to ANCILLARY EXECUTOROR: Any person
a contract. In common usage, it is a broader to whom ancillary letters testamentary
term than contract, bargain, or promise, since or ancillary
it includes executed sales, gifts, and other
transfers of property, as well as promises ADMINISTRATOR C.T.A.: Letters of
without legal obligation. administration c.t.a have been issued.

AID AND ABET: To actively, knowingly, ANCILLARY GUARDIAN: Any person to whom
intentionally, or purposefully facilitate or ancillary letters of guardianship, whether of
assist another individual in the commission or the person, property, or both, of an infant
attempted commission of a crime. have been issued.

AKA: “Also Known As” - Indicates an alias. ANNUL: To make void, to dissolve that
which once existed, as to “annul” the bonds
ALIAS: An assumed name. Otherwise named: of matrimony.
also known as
ANSWER: A paper filed in court and sent to
ALLEGATION: The assertion, declaration or the plaintiff by the defendant, admitting
statement of a party to an action, made or denying the statements in the plaintiff’s
in a pleading, setting out what the party complaint, briefly stating why the plaintiff’s
expects to prove. claims are incorrect and why the defendant
ALLEGE: To assert a fact in a pleading. is not responsible for the plaintiff’s
injury or loss.
ALLEN CHARGE: Further instructions in a
criminal case which the judge gives to a jury APARTMENT: A part of a house occupied
having difficulty reaching a decision in order by a person, while the rest is occupied by
to encourage the jury to reach a verdict. another, or others.

ALLOCUTION: Oral explanation by a judge of APARTMENT BUILDING: A building arranged

procedures, plea or stipulation of settlement in several suites of connecting rooms,
for the purpose of ensuring that the parties each suite designed for independent
understand the terms and effect. housekeeping, but with certain mechanical

58 Court Interpreter • Manual and Code of Ethics

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conveniences, such as heat, light, or elevator ARMED ROBBERY: The forcible and felonious
services, in common to all families occupying taking of property from another while armed
the building. with a deadly weapon.

APPEAL: The judicial proceedings or steps in ARRAIGNMENT: A hearing before a judicial

the proceedings resulting from a request to a officer at which the defendant is informed
higher court for a review of the decision of a of the charges against him or her and
lower court. pleads guilty or not guilty. Bail may be set
at this time.
APPEARANCE: The participating in the
proceedings by a party summoned in ARREARS: That which is unpaid although
an action, either in person or through due to be paid.
an attorney.
ARREST: The apprehension or detention of
APPELLANT: The party who takes an appeal an individual for the purpose of charging
to a higher court. that individual with a specific offense.

APPELLEE: The party against whom an ARREST RECORD: A written account listing
appeal is taken. all the instances in which a person has
been arrested.
APPROPRIATE: To set apart for, or to assign
to, a particular purpose or use, in exclusion ARSON: The malicious and intentional
of all others. burning of property (such as a building).

APPROVE: To be satisfied with, to confirm, ASSAULT: A violent attack with the intention
ratify, sanction, or consent to some act or of injuring a person.
thing done by another.
ASSIGNED COUNSEL: A defense attorney
ARBITER: One appointed by the court to designated by the court to represent a
decide a controversy according to law or defendant who does not have the funds to
equity. A decision-maker who is not a retain an attorney.
judicial officer.
ASSIGNMENT PART: Part to which all new
ARBITRATION: A process in which an impartial cases are referred for further proceedings.
person decides a dispute instead of the court.
ATTACHMENT: The taking of property into
ARBITRATOR: A impartial person chosen legal custody by an enforcement officer.
by the parties to solve a dispute between
them, who is vested with the power to make ATTEMPT: An overt act directed toward the
a final determination concerning issues in commission of an offense which is performed
controversy. with the intent and ability to commit
the offense.
ARCHIVES: Any place where old records and
books are kept. AUTHENTIC: Genuine; true; real; pure;
reliable; trustworthy; having the character
ARGUMENT: A reason given in proof and authority of an original; duly vested with
or rebuttal. all necessary formalities and legally attested;
competent, credible, and reliable as evidence.

Court Interpreter • Manual and Code of Ethics 59

 Appendix V

AWARD: The decision or determination BILL OF PARTICULARS: Factual detail

rendered by arbitrators or commissioners, submitted by a claimant after a request by
or other private or extrajudicial deciders, the adverse party which details, clarifies or
upon a controversy submitted to them; explains further the charges and/or facts
also the writing or document embodying alleged in a pleading.
such decision. The final decision;
something awarded. BOOK: To enter a person’s name, the offense
for which he or she was arrested and other
BAIL: The money or property deposited with pertinent information in the police files.
the court as insurance that the person will
return to court. This permits the person B PETITION: When an agency responsible
in custody to be released while awaiting for a child in foster care believes that the
disposition of his or her case. child’s parents have not kept in contact,
have not planned for the child’s future,
BALANCE: An equality between the sums have abandoned the child, have severely or
total of the two sides of an account, or the repeatedly abused the child, or are mentally
excess on either side. ill or retarded in a way that may harm
the child, the agency can file a petition to
BAR: The railing in a courtroom enclosing the terminate parental rights to the child. If the
area where the lawyers and defendants sit. court grants the petition, the child is freed
A system of law courts. The legal profession for adoption.
collectively or the whole body of lawyers.
BREACH OF CONTRACT: A party’s failure
BENCH CONFERENCE: A meeting between to perform some contracted-for or
the attorneys and the judge at the judge’s agreed- upon act.
bench to discuss an issue in the case or an
aspect of the proceedings. It may or may not BRIEF: A written or printed document
be part of the official record. prepared by the attorneys on each side of
a dispute and submitted to the court in
BENEFICIARY: Any person entitled to any part support of their arguments. A brief includes
or all of an estate. the points of law which the lawyer wishes to
BEQUEST OR LEGACY: A transfer of persons establish, the arguments the lawyer uses and
property by will. the legal authority on which the lawyer rests
his or her conclusions.
BEYOND A REASONABLE DOUBT: The
degree of certainty required by the trier BURDEN OF PROOF: The duty of a party to
of fact (judge or jury) to find a criminal substantiate an allegation or issue, in order
defendant guilty. to prevail in a civil or criminal suit.

BGT: Blood Group Test. Order by the court BURGLARY: The act of entering a building
which requires mother, alleged father, and with an intent to commit a crime.
child to submit to blood tests. Also known as CABINET: The advisory board or council of a
Blood Genetic Marker Test. chief executive.

CALENDAR: A schedule of matters to be

heard in court.

60 Court Interpreter • Manual and Code of Ethics

 Appendix V

CALENDAR CALL: The calling of matters CHANGE OF VENUE: The removal of a case
requiring parties, or their attorneys, to begun in one county or district to another
appear and be heard. There is usually for trial or from one court to another court in
one at the beginning of each court the same county or district.
day. Other calendar calls may take place
throughout the day. CHARGE: An allegation that a person has
committed a specific offense.
CAPTION: The heading or introductory
clause in a pleading, deposition or other CHARGE TO THE JURY: Instructions given by a
paper connected with a case in court, which judge to a jury before deliberations begin.
shows the names of the parties, name of the CHATTEL: Article of personal property.
court, number of the case on the docket or
calendar, etc. CHILD ABUSE: Situation where a child’s
(less than eighteen years of age) parent or
CASA: Court Appointed Special Advocates. person legally responsible for his/her care,
Non-attorneys who work in aid of children in inflicts or allows physical injury to be inflicted
foster care. upon him/her or commits, or allows to be
CAUSE OF ACTION: Grounds on which a committed, a sex offense against such child
legal action may be brought (e.g., property as defined in the Penal Law.
damage, personal injury, goods sold and CHILD ABUSE OR NEGLECT PROCEEDINGS:
delivered, labor and services). A proceeding brought in court to protect
CCA: Civil Court Act. a child from injury or mistreatment by a
parent or other person legally responsible
CERTIFICATE OF OCCUPANCY/C OF O: A for the child.
document by a local government agency
signifying that a building or dwelling CHILD NEGLECT: Situation where a child (less
conforms to local building code regulations. than eighteen years of age) lacks proper care,
including those where he/she suffers or is in
CERTIFIED COPY: A document that contains imminent danger of suffering psychological
a seal that establishes the document as a or physical damage for any reason.
genuine true copy, so that it may be used as
evidence at a trial or hearing. A document CHILD PROTECTIVE AGENCY: Any agency,
may be certified by an official record association, corporation, institution, society
keeper, a clerk of the court, or any other or other organization which is incorporated
authorized person. or organized under the laws of this state to
care for, to place, or to board out children.
CERTIFIED STATEMENT: A statement which
has been sworn to before a Notary Public or CIC: Change in circumstances. Term often
Commissioner of Deeds as a true statement. used as a basis for modifying a court order.

CHALLENGE: Objection by a party to the CIVIL ACTION: Action maintained to protect

selection of a prospective juror. a private, civil right, or to compel a civil
remedy, as distinguished from a criminal
CHAMBERS: Private office or room of a judge. prosecution.

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 Appendix V

CIVIL CONTEMPT: A willful failure to COMPLAINT: A paper filed in court and

comply with a court order. Civil contempt is delivered to the party(s) being sued stating
committed when a person violates an order the plaintiff’s claims against the defendant.
of the court which specifically requires that
the person do or refrain from doing an act. CONCURRENT SENTENCE: A penalty
Punishment for civil contempt may be a fine consisting of two or more prison terms which
or imprisonment; the goal of the punishment are to be served simultaneously.
is to have the person comply with the original CONDITIONAL DISCHARGE: Sentence
order of the court. without imprisonment or probation but with
CJJ: Commissioner of Juvenile Justice. a condition that must be complied with.

CLAIM: The assertion of a right to money CONFESSION OF JUDGMENT: Entry of

or property. a judgment upon written admission
of the debtor.
CLAUSE: A single paragraph or subdivision of
a legal document, such as a contract, deed, CONSECUTIVE SENTENCE: A penalty
will or statute. consisting of two or more prison terms which
are to be served in sequence one to begin
CLO: Court Liaison Officer. Probation officer when the other has been completed.
assigned to the court.
CONSENT: Voluntary agreement.
CLOSING ARGUMENTS: Final statements
during trial made by attorneys for each party CONSENT TO MARRY: The marriage of a
in which they summarize the evidence they minor who is at least 14 years of age and less
have presented and whatever they assert the than 16 years of age must have the consent
opposing party has failed to prove. of the court.

COI: Court ordered investigation, usually CONSPIRACY: The criminal enterprise of two
performed by ACS. or more persons who have entered into an
agreement to commit an unlawful act.
COLLUSION: Agreement with another to
engage in illegal activity or commit fraud. CONTEMPT OF COURT: The finding of
the court that an act was committed with
COMMERCIAL NON-PAYMENT PROCEEDING: the intention of embarrassing the court,
Proceeding against a company for disobeying its lawful orders or obstructing
failure of payment. the administration of justice in some way.

COMMON AREA: In landlord-tenant law, CONTROLLED SUBSTANCE: Drug which has

portions of premises used in common by been categorized by law according to the
all tenants. potential for its abuse and the risk posed.

COMPARISON MICROSCOPE: Two CONVICT: To prove or find guilty of the

microscopes optically bridged to one eye crime charged.
piece to enable the viewing of two items of
evidence side by side. CONVICTION: A finding of guilt by a judge, a
jury, or a guilty plea.

62 Court Interpreter • Manual and Code of Ethics

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CORPORATE TRUSTEE: Any trust company or County to handle support enforcement

bank authorized to exercise fiduciary powers. when the person to be supported receives
public assistance.
COSTS: The statutory sum awarded to the
successful party when a judgment is entered. CSS: Commissioner of Social Services

COUNTERCLAIM: A legal claim by the CUSTODY (V PETITION): Petition seeking to

defendant against the plaintiff. establish that a person is legally declared to
be responsible for the care of a child.
COURT: Body of government that is
responsible for the resolution of disputes DECISION: A finding of fact or conclusion of
arising under the laws of the government. law by the court, usually in writing.

COURT ORDER: A command or direction DEED: Written document conveying title of

issued by a court. realty to another.

COURT REPORTER: A person who DEFAULT: A default occurs when a party fails
stenographically takes down testimony to plead or otherwise defend within the
during court proceedings. time allowed or fails to appear at a court
appearance.
COVENANT: An agreement or contract
DEFAULT JUDGMENT: A judgment entered
CPL: Criminal Procedure Law. against a defendant due to his or her failure
CPLR: Civil Practice Law and Rules. to appear or submit papers at an appointed
time during a legal proceeding.
CREDITOR: A person to whom a debt is owed
by another who is the “debtor.” DEFENDANT: In civil proceedings, the party
responding to the complaint. In criminal
CRIME: An act of omission or commission proceedings, the person charged with
in violation of law which carries criminal the commission of a crime, also called
consequences. the accused.

CROSS CLAIM: Claim litigated by co- DEFENSE: Answer to the accusation offered
defendants or co-plaintiffs against each other by the defendant.
and not against a party on the opposite side
of the litigation. DFY: Division for Youth. See NYS Office of
Children and Family Services.
CROSS EXAMINATION: The interrogation of
a witness by the opposing party or attorney. DELIBERATION: The process by which a panel
Cross examination is limited to those matters of jurors comes to a decision on a verdict.
about which the witness testified during DE NOVO: From the beginning; a new trial.
direct examination.
DEPOSITION: Sworn testimony of a witness
CSET: Child Support Enforcement Term outside of the courtroom.
of the Family Court. A special term with
city-wide jurisdiction created in New York

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 Appendix V

DESIGNATED FELONY ACTS (E PETITION): DISMISSAL WITHOUT PREJUDICE: Action

Certain serious violent act crimes committed dismissed, not on the merits, which may be
by a 13, 14, or 15 year old. re-instituted.

DEVISE: When used as a noun, a transfer of DISORDERLY CONDUCT: Tumultuous or

real property by will. When used as a verb, unruly behavior in public.
to transfer real property by will.
DISPOSITION: The termination of
DEVISEE: Any person to whom real property proceedings in a case.
is transferred by will.
DISTRIBUTEE: Any person entitled to take
DHCR: Division of Housing and or share in the property of a decedent
Community Renewal. under the statutes governing descent and
distribution.
DHPD: Department of Housing Preservation
and Development DISTRICT ATTORNEY: An attorney
whose official duty is to conduct criminal
DIRECT EXAMINATION: The first questioning proceedings on behalf of the People against
of a witness by the party presenting one accused of committing criminal offenses.
that witness.
DOCKET: A list of cases pending in a court of
DIRECTED VERDICT: An order of the entry of law; or a record of the individual transactions
a verdict by the judge without allowing the in reference to a case.
jury to consider it.
DOCKET NUMBERS: Numbers sequentially
DISCONTINUANCE: The voluntary cessation assigned to new cases filed in the court.
of a proceeding by the plaintiff.
DOMICILE: A fixed, permanent, and
DISCOVERY: The efforts of a party to a principal home to which a person, wherever
lawsuit to get information about the other temporarily located, always intends to return.
party’s contentions before trial. During
discovery a party may: demand that the other DOMICILIARY: A person whose domicile is
party produce documents or other physical within a designated area.
evidence; request written interrogatories
which are questions and answers written DSS: Department of Social Services
under oath and; take depositions which DUE PROCESS: The guarantee under the
involve an in-person session at which Fifth and Fourteenth Amendments that legal
one party has the opportunity to ask oral proceedings will be carried out pursuant
questions of the other party or his or to rules established for the protection of
her witnesses. substantive and procedural rights.
DISMISS: To terminate a case or charge DWELLING: A structure or apartment used as
without a complete trial. a home for a family unit.
DISMISSAL WITH PREJUDICE: Action DWI: “Driving While Intoxicated” - The
dismissed on the merits which prevents unlawful operation of a motor vehicle while
renewal of the same claim or cause of action. under the influence of drugs or alcohol.

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 Appendix V

18B ATTORNEY: An attorney assigned by the EXECUTION: The process of carrying into
court to represent a party. The assignment is effect a court’s judgment, decree or order.
made under County Law, Article18b.
EXECUTOR: A person designated in a will to
EJECTMENT: A legal action brought by one carry out the directions in the will.
claiming a right to possess real property
against another who possesses the premises EXHIBIT: Physical evidence such as a paper,
adversely or is a holdover tenant who document or other article produced and
remains beyond the termination of a lease. presented to a court during a trial or hearing.

EMBEZZLE: To appropriate, fraudulently, to EX PARTE: A proceeding or application made

one’s use what is entrusted to one’s care. by one party only without notice to any
other party.
EMERGENCY REMOVAL: The taking of a child
from the home because the child is in danger. EXTENSION OF PLACEMENT: A proceeding
instituted by an authorized agency to which
ENFORCE: To make effective; as, to enforce a child has been placed by Family Court to
a writ, a judgment, or the collection of a extend the placement with such agency.
debt or fine.
EXTRA JUDICIAL SURRENDER: A written
ESCROW: Money or other property delivered surrender of a child by a parent which is
to a third person to be held until the not executed and acknowledged before a
happening of a contingency or performance judge, but executed before witnesses from
of a condition. an authorized agency. The agency must
then file an application for approval of the
ESCROW ACCOUNT: Money temporarily surrender with the court.
deposited with a bank to safeguard funds
held in escrow. EXTRADITE: To surrender by one state
or country to another an accused or
ESTATE: All of the property of a decedent convicted person.
prior to distribution of that property.
FACT-FINDING HEARING: The first trial in
EVICTION: Expulsion of occupants Family Court where it will be decided if the
from premises. charges have been proven.
EVIDENCE: Any type of probative matter FAMILY OFFENSE (O PETITION): A claim that
offered at trial in order to convince the a person injured or threatened a member of
trier of fact (judge or jury) of the merit of a the claimant’s family or household.
party’s contention.
FAMILY OFFENSE PROCEEDINGS: A
EXAMINATION BEFORE TRIAL (EBT): A proceeding concerning acts between spouses
formal interrogation of parties and witnesses or former spouses or between parent and
before trial. child, or between members of the same
EXCLUSIONARY RULE: Doctrine which family or household that would constitute
prohibits the introduction of illegally disorderly conduct, menacing, reckless
obtained evidence at trial. endangerment, harassment or assault.

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FCA: Family Court Act. of interment or other disposition of the body,

a burial lot and suitable monumental work
FELONY: A crime punishable by more than a thereon and a reasonable expenditure for
year’s imprisonment. perpetual care of a burial lot of the decedent.
FIDUCIARY: A person or institution that GAG ORDER: A court ruling limiting the
manages money or property for another and information that the parties and their counsel
must exercise a certain standard of care in can reveal about a case.
that relationship - such as an executor of an
estate, a guardian or a trustee. GARNISHMENT: Process by which a party
who controls property belonging to a
FINAL JUDGMENT: One which puts an end to judgment debtor is forced to turn it over to a
a suit or action. judgment creditor.
FINDING: Any determination by a judge as GHLA/DNA: Human leucocyte blood tissue
to a matter of law or fact, or by a jury as to a test. DNA is an alternative to blood generic
matter of fact. marker test.
FOREIGN REGISTRATION: If the duty of GRAND JURY: A body of people (generally
support for any child, spouse or former 23 in number) that indicts persons for
spouse is based on a support order of a state crimes when it has determined after
other than New York, the petitioner shall presentation by the prosecutor, that there
have the additional remedy of registering is sufficient evidence to warrant holding a
the foreign support order with the clerk of person for trial.
a court of the state. The filing constitutes
registration. GUARDIAN: A person lawfully invested with
the power to take care of or manage the
FORGERY: The creation, falsification or property of another person.
alteration of a document with intent to
commit a fraud. GUARDIAN AD LITEM: A person appointed by
a court to represent the interests of a minor
FORTHWITH: Immediately under 21 years of age or an incompetent.
FOSTER CARE: Placement of a child by a GUARDIANSHIP PROCEEDING: A proceeding
parent or person legally responsible with which seeks to confer the guardianship of the
an agency authorized to provide care person to another.
for children.
HARASSMENT: Any exercise of
FOSTER CARE REVIEWS (K PETITION): If authority in such manner as to be
a child is in voluntary foster care for 12 unnecessarily oppressive.
continuous months or longer, the court must
review the placement and will decide what to HE: Hearing Examiner.
do with the child.
HEARING: Legal proceeding at which
FUNERAL EXPENSE: Includes reasonable evidence or arguments are presented
expense of a funeral, suitable church or other before a judge.
services as an integral part thereof, expense

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HEARSAY: A statement, other than one made INCOME EXECUTION: An order by a court
by the person testifying at a trial or hearing, that a portion of the judgment debtor’s
offered in evidence to prove the truth of the wages or other property be withheld from
matter asserted. the debtor in an amount necessary to satisfy
the judgment.
HEARSAY RULE: A rule that declares as
generally inadmissible as evidence statements INCOMPETENT: Any person judicially declared
made by others than the persons testifying. unable to manage his or her affairs.

HOLDOVER PROCEEDING: Proceeding to INDEX NUMBER: A number issued by the

remove occupants from premises for reasons clerk’s office which is used to identify a case.
other than non-payment of rent.
INDICTMENT: An accusation in writing, made
HOLDOVER TENANCY TENANCY AT by a grand jury, charging that a person has
SUFFERANCE: A tenancy that comes into committed a crime.
existence when one at first lawfully possesses
land as under a lease and subsequently INDIGENT: Financially destitute person.
remains there after the term of the INDIVIDUAL TRUSTEE: Any trustee who is not
lease ends. a corporate trustee.
HOMICIDE: The act of intentionally, INFANT: A person under the age of
recklessly, or negligently causing the death of eighteen years.
another person.
INFANT’S COMPROMISE: A civil proceeding
HRA: Human Resources Administration or motion for obtain court approval of the
HUNTLEY HEARING: Hearing to determine settlement of an infant’s claim.
if statements made by the defendant INQUEST: A non-jury trial for the purpose
to the police should be admitted in the of determining the amount of damages due
criminal proceeding. on a claim, if a party has not appeared or
IDO: Income or payroll deduction order defended against the claim and after the
merits of the claim have been proven.
IEO: Income execution order.
INSTALLMENTS: Different portions of the
IMPEACH (A WITNESS): To question the same debt payable at different successive
veracity of a witness by showing evidence periods as agreed.
that the witness is unworthy of belief.
INTAKE: First court proceeding in Family
IN CAMERA: Proceedings to which the public Court where the petiton is read and charges/
is not admitted. demands explained.

INCAPACITATED PERSON: Any person who, INTENT: The state of mind with which a
for any cause, is incapable adequately to person seeks to accomplish a certain result
protect his or her rights, including a person through a course of action.
for whom a guardian has been appointed
pursuant to article 81 of the Mental
Hygiene Law.

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INTERPRETER: A person sworn at a JUVENILE DELINQUENT: A person over seven

judicial proceeding to translate oral or years of age, and under 16 years of age, who
written language. commits an act that would be a crime if it
were done by an adult.
INTERROGATORIES: Written questions
propounded by one party and served on JUVENILE DELINQUENCY PROCEEDING: A
another who must provide written answers proceeding to determine whether a minor
under oath. over the age of seven, but under sixteen, has
committed an act which, if committed by an
INTESTATE: One who dies without adult, would constitute a crime and whether
leaving a will. the minor requires supervision, confinement
I & R: Invesgation and Report by the or treatment.
probation department or ACS. KINDRED : Refers to related individuals and
ISSUE OF FACT: A question concerning a fact family members. Generally used in cases
maintained by one party that is disputed by where a child is removed from the parents’
the opposing party. home and placed with kin.

ISSUE OF LAW: A question that concerns an KINSHIP FOSTER CARE: Foster care placement
interpretation of law. with a family member.

JUDGMENT: The final decision of the judge. LACHES: Undue lapse of time in enforcing a
right of action.
JUDGMENT OF POSSESSION: Judgment
allowing eviction of occupants from premises. LARCENY: The unlawful taking of something
that belongs to another; a theft.
JUDICIAL HEARING OFFICER (JHO): A person
serving as a hearing officer who formerly LAW GUARDIAN: Lawyer assigned by the
served as a judge or justice of a court of court to act as a child’s attorney.
record of the Unified Court System. LEADING QUESTION: A question asked of a
JUDICIAL SURRENDER: A surrender of witness which suggests the desired answer.
a child to an authorized agency for the LEASE: Any relationship which gives rise to a
purpose of adoption which is executed and relationship of landlord and tenant.
acknowledged before a judge of the Family
Court or a Surrogate. LEASEHOLD: Realty held under a lease.

JURISDICTION: The lawful authority LEGAL LIFE TENANT: Any person entitled
of a court over an issue, person or for his or her life or for the life of another
geographic area. to the possession and use of real or
personal property.
JURY DEMAND: A request for a trial by jury
by either party. LEGATEE: Any person designated to receive a
transfer by will of personal property.
JURY INSTRUCTIONS: Directions given by the
judge to the jury.

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LETTERS: Authorization from a court to MANSLAUGHTER: The unlawful killing of

act in a fiduciary capacity, e.g., letters of another without malice or deliberation;
administration of an estate issued by the may be either voluntary upon a sudden
Surrogate’s Court. impulse, or involuntary in the commission
in an unlawful manner of an act that might
LESSEE: Person who controls property by produce death.
virtue of a lease.
MARRIAGE APPLICATION PROCEEDING: A
LESSOR: Owner of property who gives a proceeding seeking the approval and consent
lease to another. to marry when either party is over fourteen
LICENSEE PROCEEDING: Proceeding against and under sixteen years of age.
someone allowed to live in premises but MARSHAL: An officer of the court whose
whose rights have been revoked. duty is to execute the process of the courts.
LIEN: A claim on specific property for A marshal’s duties are very similar to those
payment of a debt. of a sheriff.

LITIGANT: Party to a legal action. MEDIATION: A discussion led by an impartial

third party to facilitate a settlement of a
LITIGATE: To bring before a court of law lawsuit. The results of mediation are not
for decision. binding unless the parties have signed a
settlement agreement.
LOCKOUT: A cessation of the furnishing of
work to employees by the employer in an MINOR: Any child under the age of 18 years
effort to get for the employer more desirable in the State of New York.
terms in the course of a contract dispute.
MIRANDA RIGHTS: The rights of a person
MBR: Minimum Basic Rent. suspected of having committed an offense
and of which he or she must be informed
MCI: “Major Capital Improvements” - Rent prior to interrogation.
increases issued by the DHCR based on the
upgrading of a building. MISDEMEANOR: A crime punishable by
imprisonment of no more than one year.
MDR: Multiple Dwelling Registration
MISTRIAL: A trial terminated and declared
MHS: Mental Health Study/Mental void prior to conclusion.
Health Services
MITIGATING CIRCUMSTANCES: Factors
MANAGING AGENT: A person authorized by related to the commission of an offense
another to act for the other with regard to which do not excuse the act but which may
management of a building or business. reduce the responsibility of the defendant.
MANDATORY MINIMUM SENTENCE: A MONEY JUDGMENT: Order allowing creditor
statutory requirement that prescribes a fixed to collect money from debtor.
minimum penalty for persons convicted
of a crime.

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MONTGOMERY WARNING: Advice that NOTICE OF ENTRY: A notice stating that the
must be given to a convicted defendant of attached copy of an order or judgment has
his or her right to appeal a sentence within been filed in the clerk’s office of the court.
thirty days.
NOTICE OF PETITION: A petitioner’s written
MORTGAGE: An interest in land provided notice delivered to the respondents of when
to a creditor as security for the payment the court will hear the petition.
of a debt.
NOTICE TO CURE: Written notice giving
MOTION: A request to the court, usually in opportunity to correct a breach of the
writing, for a ruling or order made before, terms of a lease.
after or during trial.
NOTICE TO QUIT: Written notice to remove
MOTION TO DISMISS: An application to the from a premises.
court for an order dismissing a complaint
or petition. NUISANCE HOLDOVER: Proceeding
seeking removal of occupants from a
MURDER: The unlawful killing of a person premises on the basis that they are causing
committed intentionally, knowingly, or annoyance, discomfort, inconvenience or
under circumstances manifesting extreme damage to others.
indifference to the value of human life, or
during the commission of specific felonies. NUNC PRO TUNC: “Now for then” - Allows
an act to be considered as having been done
NEGLIGENCE: Failure to do what a reasonable in a timely manner even though the time for
and prudent person would have done under doing so has expired.
similar circumstances, or doing something
that a reasonable and prudent person would OATH: A solemn promise of truthfulness
not have done. invoking accountability.

NEW YORK STATE OFFICE OF CHILDREN AND OBJECTION: An assertion by a party that a
FAMILY SERVICES: A New York State agency certain witness, question, item of evidence or
which administers the institutional placement other matter is inappropriate or illegal and a
of minors after juvenile delinquency findings. request that the judge rule to that effect.

NON-PAYMENT PROCEEDING: A summary OFFENSE: A wrongful act punishable under

proceeding in Housing Court for the criminal laws.
collection of rent or, in the alternative, the ORDER: An oral or written command or a
recovery of a premises. direction from a judge.
NOTICE OF APPEAL: Written notice of intent ORDER OF FILIATION: A finding by the court
to appeal a decision/order of a court. that a male party to a parternity case is the
NOTICE OF CLAIM: A paper required to be father of the child in question.
sent to the city or a public authority, prior ORDER OF PROTECTION: Order prohibiting a
to filing a lawsuit, when a person claims an person from harming or threatening another.
official or employee of that city or a public
authority caused the person damage.

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ORDER OF SUPPORT: An order directing in contact or have not planned for the
payments of support to a child or spouse. child’s future, even though physically and
financially able to do so, for a period of more
ORDER OF VISITATION: Order which provides than one year.
that the person who has custody of a child
must allow another person to visit the child PERSON IN NEED OF SUPERVISION (PINS)
on specific days and times. PROCEEDING: A proceeding to determine
whether a child under the age of 18, who
ORDER TO PRODUCE: An order directing a is found to be incorrigible, ungovernable,
state or city Commissioner of Corrections to habitually disobedient, or fails to attend
produce an inmate for a court appearance. school as legally required or is beyond the
ORDER TO SHOW CAUSE: A written direction lawful control of a parent or lawful authority,
by the court, usually prepared and presented requires supervision or treatment.
to the court by a party, that the court is PERSON INTERESTED: Any person entitled
shortening the required advance notice of or allegedly entitled to share as beneficiary
a action to the other parties. Sometimes in the estate of a person, or the trustee
the order to show cause contains a direction in bankruptcy or receiver of the assets of
to the parties that they stop some specific such person.
activity until the court hears the motion.
PERSON UNDER DISABILITY: Any person who
OVERRULE: To rule against or reject. is an infant, an incompetent, an incapacitated
PANEL: A list of jurors to serve in a particular person, or whose whereabouts are unknown,
court or for the trial of a particular action. or who is confined as a prisoner and fails to
appear under circumstances which the court
PAROLE: Conditional release of an offender finds are due to confinement in a penal
at the discretion of the paroling authority institution.
prior to the completion of the prison
sentence imposed. The offender is required PETITION: Document that commences a
to observe certain conditions under the special proceeding and informs respondent
supervision of a parole agency. of the substance of the claim being made.

PARTY: A person having a direct interest in a PETITIONER: Person who files a petition that
legal matter, transaction or proceeding. starts a special proceeding.

PATERNITY PETITION: Petition to determine if PLACEMENT: The commitment or assignment

a man is the father of a child. of a person to any facility or to any
supervisory, care or treatment program.
PATERNITY SUIT: A proceeding to establish
paternity of a child born out of wedlock. PLAINTIFF: A person who brings an action.

PENALTY: The punishment required by law PLEA BARGAINING: The process whereby
for a person convicted of an offense. the defendant and the prosecutor reach
a resolution of a criminal case prior to the
PERMANENT NEGLECT: Allegation by an commencement or completion of a trial.
agency responsible for a child in foster
care that the child’s parents have not kept

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PLEADINGS: A complaint or petition, PROSE: Appearance on one’s own

answer, and reply. behalf without a lawyer in an action
before the court.
POLLING THE JURY: A practice whereby the
jurors are asked individually whether they PSA: Protective Services for Adults.
assented, and still assent, to the verdict.
PUBLIC ASSISTANCE: Welfare.
POOR PERSON’S RELIEF: When a party to a
lawsuit cannot afford the costs of a lawsuit, RAP SHEET: Term for the official document
the court may permit that party to proceed listing all prior arrests, dispositions, aliases
without being required to pay for court costs. and identifying information of a defendant
in a criminal case.
PRELIMINARY EXECUTOR: Any person to
whom preliminary letters testamentary have REASONABLE CAUSE: A reasonable ground
been issued. to believe that certain alleged facts are true;
same as probable cause.
PREMISES: A distinct and definite locality,
such as a room, an apartment, a shop, a REBUTTAL: Argument made to refute or
building, or other definite area. oppose a claim made by another party.

PREPONDERANCE OF THE EVIDENCE: A RECEIVER: Person appointed to manage

standard used to evaluate and accept someone’s property while a proceeding
probative matter which requires that the is pending.
probative matter be more convincing than RECORD: A permanent written account of
that which is offered by the opposing party. some act, court proceeding or transaction
PRESUMPTIVE DISTRIBUTEE: Any person who that is prepared by a proper officer and
would be a distributee, if the person alleged designated to remain as permanent evidence
to be deceased or absent were dead. of what has been done in a lawsuit.

PRIMA FACIE CASE: A case sufficient on its REFEREE: Most often, a person to whom the
face and supported by the requisite minimum court refers a pending case to take testimony,
of evidence. hear the parties, and report back to the
court. A referee is an officer with judicial
PROBABLE CAUSE: A reasonable ground to powers who serves as an arm of the court.
believe that certain alleged facts are true;
same as reasonable cause. REGISTRY: NYS Child Abuse Central Registry.

PROBATE: The act or process of showing a REMAND: To return to a prison or other

will to be valid. designated facility, pending trial or
further detention.
PROBATION: Conditional freedom granted by
a judge as long as the person meets certain REPLEVIN: An action brought by the owner
conditions of behavior. of items to recover possession of those items
when those items were wrongfully taken or
PROPERTY: Anything that may be the subject are being wrongfully kept.
of ownership.

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REPLY: A plaintiff’s response to a defendant’s SENTENCE: The formal court judgment

answer when the answer contains a specifying the penalty to be imposed upon a
counterclaim. person convicted of an offense.

RESPONDENT: The person who is sued in a SERVICE: Delivery of legal documents such as
special proceeding. a summons or subpoena to an individual.

REST A CASE: To advise the court that the SET ASIDE: To cancel or declare
attorney has presented all the evidence he or void a judgment.
she intends to offer in the proceeding.
SETTLEMENT: A voluntary agreement by the
REVERSE: To set aside or revoke parties that resolves a lawsuit.
judicial action.
SEVER: To separate, for purposes of trial, one
RPAPL: Real Property Actions and or more of the defendants or causes of action
Proceedings Law. named in a charging document.

SAFE DEPOSIT COMPANY: Any corporation 72 HOUR NOTICE: Notice by a city marshal
authorized, under the banking law, to that occupants will be evicted from premises
let out receptacles for safe deposit of no earlier than 72 hours from the time of the
personal property. service of the notice.

SCRIE: Senior Citizens Rent SHERIFF: The executive officer of the local
Increase Exemption. court in some areas. In other jurisdictions the
sheriff is the chief law enforcement officer
SCU: Support Collection Unit. Collects, of a county.
accounts for, and disburses funds paid
pursuant to an order of support. SQUATTER PROCEEDING: Proceeding seeking
to evict persons who occupy a premises
SEAL A COURTROOM: To prohibit the public without permission.
from observing the proceeding.
SRO: Single Room Occupancy.
SEAL THE RECORDS: To prohibit public access
to records relating to a case. SRSD: Self Represented Service Division.

SEARCH AND SEIZURE: A police practice STAY OF EVICTION: Order precluding

whereby a person or a place is searched judgment of eviction from being enforced for
and evidence considered useful in the a specific period of time.
investigation and prosecution of the offense
is obtained. STIPULATION: An agreement by the parties
entered into the record.
SEIZURE: The process by which a person
authorized under the law to do so takes into STIPULATION OF SETTLEMENT: A formal
custody the property, real or personal, of a agreement between litigants and/or their
person against whom a judgment has been attorneys resolving their dispute.
issued or might be issued.

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SUBPOENA: A written court order requiring TEMPORARY ORDER OF SUPPORT: An interim

a person to appear in court at a designated order issued during the pendency of a court
time to testify in a case or to produce case concerning the payment of support.
documents or items to be used as evidence.
TEMPORARY RESTRAINING ORDER (TRO):
SUBPOENA DUCES TECUM: Subpoena to An emergency order issued by the court
appear and to produce documents. under special circumstances, prohibiting
specific conduct until the arguments or
SUM CERTAIN: Liquidated damages pursuant evidence concerning the circumstances can
to contract, promissory note, law, etc. be heard by a judge.
SUMMARY PROCEEDING: A special TERMINATION OF PARENTAL RIGHTS
proceeding permitted by the RPAPL for the PROCEEDING: A proceeding to determine
purpose of recovering real property. whether a natural parent’s custody and
SUMMONS: An order requesting one to guardianship of a child should be terminated.
appear to answer a charge. TESTAMENTARY TRUST: A trust
SUPPORT PETITION (F): A petition filed to created by a will.
determine who is legally responsible for the TESTAMENTARY TRUSTEE: A person to whom
support of a child, spouse, or relative and letters of trusteeship have been issued in a
how much support should be paid. trust created by a will.
SUPPORT PROCEEDING: A proceeding to TESTIMONY: An oral declaration made by a
compel the support of a spouse, ex-spouse witness or party under oath.
and/or children by the person chargeable
with such support. TORRES HEARING: Hearing to support
vacating of a default judgment in a non-
SUPPRESS EVIDENCE: To preclude certain payment proceeding.
evidence from being introduced because it
was seized illegally. TORT: Any wrong or injury to a person
or property.
SUSPECT: A person considered by the
authorities as one who may have committed TRANSCRIPT: The written, word-for-word
an offense, but who has not yet been record of a legal proceeding, including
charged or arrested. testimony at trial, hearings or depositions.

TEMPORARY ADMINISTRATOR: Any person TRAVERSE HEARING: Hearing to determine if

to whom letters of temporary administration service was done properly in a proceeding
have been issued.
TRIAL: The formal examination of
TEMPORARY ORDER OF PROTECTION: A a legal controversy in court so as to
short term order usually issued in domestic determine the issue.
violence cases on an emergency basis to
protect the petitioner until the matter is TRIAL DE NOVO: A new trial.
heard by the court.

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TRUST: An arrangement through which VOLUNTARY FOSTER CARE PLACEMENT

property is held by one person for the benefit (L PETITION): A court review of the voluntary
of another. placement of a child by a parent who is unable
to care for a child.
TURNOVER PROCEEDING: A hearing after a
judgment has been issued in which a creditor VSA: Victim Services Agency
seeks to establish through evidence that the
debtor (or a third party who is in possession WAIVE: To give up or relinquish voluntarily.
of the debtor’s property) is in possession of WAIVER: An intentional and voluntary
money or property that would satisfy, or relinquishment of some known right.
partially satisfy, the judgment.
WARRANT: An order issued by the court
U AND O: “Use and Occupancy” - Term used which directs a law enforcement officer to
to indicate the amount to be paid for the arrest a person or to seize property specified
use of a premises after the tenancy has been in a warrant.
terminated.
WARRANT OF EVICTION: Order by the
UCCJA: Uniform Child Custody Jurisdiction Act. court allowing eviction of occupants
UIFSA: Uniform Interstate Family Support from a premises.
Act. A nationwide law that encompasses WARRANTY OF HABITABILITY: Warranty that
registration, enforcement, and modification premises are reasonably fit for occupation.
provisions regarding child support and
spousal support. WILL: A legal document indicating the
distribution of a person’s possessions after his
UNDERTAKING: A deposit of a sum of money or her death.
or filing of a bond in court.
WILLFULNESS HEARING: Used in spousal or
VACATE: To annul or rescind. child support proceedings to determine if the
VENUE: The geographic area wherein a court respondent intentionally failed to obey any
has the power or authority to hear a case. lawful order of support.

VERDICT: The decision of the judge or jury WRIT: A document issued by a judge
that the defendant is guilty or not guilty of ordering or forbidding the performance of a
the offense for which he or she has been tried. specific act.

VERIFICATION: Confirmation of the truth or WRIT OF HABEAS CORPUS: An order issued by

authenticity of a pleading or other paper by the court directing that a person be produced
an affidavit or oath. in court immediately.

VISITATION (V PETITION): Proceeding which YOUTHFUL OFFENDER: A person under the

requests the right to visit with children. age of 19 appearing in criminal court for
whom special correctional commitments and
VOIR DIRE: The preliminary examination of special record sealing procedures are made
a witness or a potential juror concerning the available by statute.
person’s qualifications to testify or to serve.

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 Appendix W

Glossary of Forensic Terms for Firearms

AUTOMATIC: A firearm that discharges a RIFLING: A series of high and low areas or
bullet, ejects the case, and feeds a new polygonal shape twisting left or right that
cartridge continuously until the trigger is has been either cut or formed in the barrel of
released or all ammunition is exhausted. a firearm by the manufacturer.

BREECH FACE: Metal of the firearm slide, SEMI-AUTOMATIC: A firearm designed

bolt, or frame around the firing pin hole. to fire a single cartridge, eject the empty
case and reload the chamber each time the
BULLET: The projectile that travels through trigger is pulled.
and out of the barrel of a firearm.
SHOTGUN: A shoulder gun with smooth-
CARTRIDGE: A single, complete round bored barrel(s) primarily intended for firing
of ammunition. multiple small, round projectiles, (shot,
CASE: The container of a cartridge. For rifles birdshot, pellets), larger shot (buck shot),
and handguns it is usually of brass or other single round balls (pumpkin balls) and
metal; for shotguns it is usually of paper or cylindrical slugs.
plastic with a metal head and is more often
called a “shell”.

CHAMBER: Area at the beginning of the

barrel or in a cylinder that holds the cartridge
before it is fired.

EJECTOR: A metal rod that knocks the fired

case out of the firearm.

EXTRACTOR: Metal hook that pulls the fired

case out of the chamber.

HANDGUN: A pistol (i.e., Glock) or revolver

(i.e., S&W Chief). A firearm intended to be
fired by the use of one hand.

PRIMER: The component in the base of the

case containing an explosive compound that,
when struck, ignites the gunpowder.

RIFLE: A long-barreled rifled firearm usually

meant to be fired with two hands, from the
shoulder; A shoulder gun with rifled bore.

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