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Serving Flagler, Putnam, St. Johns, and Volusia Counties

G-2022-033-SC

IN THE CIRCUIT COURT OF FLORIDA, SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER, PUTNAM, ST. JOHNS AND VOLUSIA COUNTIES

Re: Appointment of Foreign Language Court Interpreters

Ref: G-2022-033-SC

      WHEREAS, Florida Rules for Certification and Regulation of Spoken Language Court Interpreters (14 series), provide a necessary framework for the provision of qualified language professionals in the court environment;

      NOW THEREFORE, I, JAMES R. CLAYTON, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order as follows:

  1. Foreign language court interpreters are to be provided by the Court for Non-English and L.E.P. litigants in felony, misdemeanor, delinquency, dependency, termination of parental rights, injunction for protection, child support, paternity, civil commitment and guardianship proceedings; as well as for those involved in family law proceedings concerning children, such as parenting plans, timesharing, visitation and relocation. Foreign language court interpreters are also to be provided by the Court for Non-English and L.E.P. victims and witnesses when testifying in court proceedings referenced herein.
  1. Foreign language court interpreters are to be provided by the Court for Non-English and L.E.P. litigants in all other proceedings where the assigned judge has determined that the litigant’s inability to comprehend English deprives the litigant of an understanding of the court proceedings, that a fundamental interest is at stake, and that no alternative to the appointment of an interpreter exists.
  1. In cases where a court interpreter is required to be provided pursuant to the terms of this Order, it is the responsibility of the attorney or self-represented litigant to make an appropriate request for services to the Court Interpreter Services department. Requests for Spanish interpreters must be made no less than 5 business days in advance of scheduled court dates.  Requests for interpreters of other languages must be made no less than 10 business days in advance of scheduled court dates.  Likewise, it is the responsibility of the attorney or self-represented litigant to promptly notify the Court Interpreter Services department of any cancellations.  Failure to do so may result in cancellation fees being charged against the offending party.
  1. Cases involving the use of court interpreters are to be called by judges, magistrates and hearing officers as soon as practical after the interpreter makes his/her presence known. Failure to call a case within 15 minutes of the interpreter’s arrival will result in the interpreter moving to his or her next assignment.  The interpreter will return after other scheduled events have concluded.
  1. When supplying court interpreters pursuant to the terms of this Order, the Court Interpreter Services department is to ensure that said interpreters possess the requisite qualifications pursuant to Rule of General Practice and Judicial Administration 2.560(e). Court interpreters retained by attorneys and/or self-represented litigants must also possess requisite qualifications (see Rule 2.565).  It is incumbent upon judges, magistrates and hearing officers to familiarize themselves with the various court interpreter designations and to make appropriate determinations on the record as required by the applicable rules of procedure.
  1. Costs incurred by the Court for providing foreign language interpreters pursuant to the terms of this Order are subject to cost recovery in accordance with § 29.0195, Florida Statutes.
  1. This order does not prohibit the offices of the Clerk of the Court, State Attorney, Public Defender, Regional Counsel, or any other agency/entity from utilizing the services of foreign language interpreters for their own purposes, at their own cost.

TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties.

DONE AND ORDERED in DeLand, Volusia County, Florida this 27th day of September 2022.

/s/ James R. Clayton
JAMES R. CLAYTON
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties