SB 863 made certain changes to the California Government Code at section 11435 to require certification of interpreters who are used in WCAB hearings, depositions and medical appointments. One of the certification methods for Court Interpreters is specified in Government Code sections 68560-68566

Effective January 1, section 68561 of the Government Code will be amended by the provisions of AB 2370 which was approved by the Governor on September 18, 2014 and filed with the Secretary of State on September 18, 2014. The amendment would require certified or registered interpreters to state information for the record in depositions where a judge is not present, that documents the qualifications of the interpreter that us used. Specifically the new language of section 68561 requires the following at a deposition.

GC 68561 (h) In a deposition where a judge is not present to fulfill the requirements specified in subdivision (g), a certified or registered interpreter shall state all of the following for the record:
(1) His or her qualifications, including his or her name and certification or registration number.
(2) A statement that the interpreter’s oath was administered to him or her or that he or she has an oath on file with the court.
(3) A statement that he or she has presented to both parties the interpreter certification or registration badge issued to him or her by the Judicial Council or other documentation that verifies his or her certification or registration accompanied by photo identification.

The author of the bill explained the rationale. “There is no statutory requirement for a judge to verify the qualifications of an interpreter who claims to be certified, or claims to have an “oath on file.” Instead, non-certified interpreters often say they have an oath on file, thus giving a false impression that they are certified. This results in judges struggling to recognize when an interpreter is actually certified and when there is a need to follow court procedures for qualifying a non-certified interpreter. Ensuring that a certified interpreter has a certification number, certification status, and badge or photo identification would increase the accuracy of determining whether the court proceeding has received services from a certified interpreter or a non-certified interpreter. AB 2370 would increase accountability for the use of certified court interpreters and prevents any misrepresentation of certification by requiring a judge to direct the certified interpreter to state, for the record, their name and certification status, show photo identification, identify the language that will be interpreted and verify the filing of their oath with the court.”

It would be prudent for attorneys to insure compliance with this new law at any deposition taken after January when an interpreter is used. It is not known if failure to comply would jeopardize use of the deposition transcript at a later time. Compliance with this new law would avoid this risk.