Tooby's California Post-Conviction Relief for Immigrants

Statements of an unbiased and adequately skilled translator are considered the statement of the original declarant and not of the translator on the theory that the translator acts merely as a “language conduit.”  As a result, there is no added layer of hearsay when police relate the declarant’s statements via the translater at a preliminary hearing.[490] 

            Cal. Rules of Court, Rule 984.4(c), provides the authority for an unbiased interpreter:

a) [Representation of qualifications] An interpreter shall accurately and completely represent his or her certifications, training, and relevant experience.

(b) [Complete and accurate interpretation] An interpreter shall use his or her best skills and judgment to interpret accurately without embellishing, omitting, or editing. When interpreting for a party, the interpreter shall interpret everything that is said during the entire proceedings. When interpreting for a witness, the interpreter shall interpret everything that is said during his or her testimony.

(c) [Impartiality and avoidance of conflicts of interest] An interpreter shall be impartial and unbiased and shall refrain from conduct that may give an appearance of bias. An interpreter shall disclose to the judge and to all parties any actual or apparent conflict of interest. Any condition that interferes with the objectivity of an interpreter shall constitute a conflict of interest. A conflict may exist if the interpreter is acquainted with or related to any witness or party to the action or if the interpreter has an interest in the outcome of the case. An interpreter shall not engage in conduct creating the appearance of bias, prejudice, or partiality. An interpreter shall not make statements about the merits of the case until the litigation has concluded.

(d) [Confidentiality] An interpreter shall not disclose privileged communications between counsel and client.

(e) [Giving legal advice] An interpreter shall not give legal advice to parties and witnesses, nor recommend specific attorneys or law firms.

(f) [Professional relationships] An interpreter shall maintain an impartial, professional relationship with all court officers, attorneys, jurors, parties, and witnesses.

(g) [Continuing education and duty to the profession] An interpreter shall, through continuing education, maintain and improve his or her interpreting skills and knowledge of procedures used by the courts. An interpreter shall seek to elevate the standards of performance of the interpreting profession.

(h) [Assessing and reporting impediments to performance] An interpreter shall assess at all times his or her ability to perform interpreting services. If an interpreter has any reservation about his or her ability to satisfy an assignment competently, the interpreter shall immediately convey that reservation to the court or other appropriate authority.

(i) [Duty to report ethical violations] An interpreter shall report to the court or other appropriate authority any effort to impede the interpreter's compliance with the law, this rule, or any other official policy governing court interpreting and legal translating.

If the interpreter can be shown to have been biased, in violation of this rule, the interpreter's testimony may be inadmissible.

[490] Correa v. Superior Court (2002) 27 Cal. 4th 444.