ORS 45.288
Appointment of certified interpreter required
- exceptions
- disqualifications
- code of professional responsibility
(1)
For the purposes of this section:(a)
“Hearing officer” includes an administrative law judge.(b)
“Non-English-speaking person” has the meaning given that term in ORS 45.275 (Appointment of interpreter for non-English-speaking party, witness or victim).(c)
“Person with a disability” has the meaning given that term in ORS 45.285 (Appointment of interpreter for party, witness or victim with disability).(d)
“Qualified interpreter” means a person who meets the requirements of ORS 45.285 (Appointment of interpreter for party, witness or victim with disability) for an interpreter for a person with a disability, or a person who meets the requirements of ORS 45.275 (Appointment of interpreter for non-English-speaking party, witness or victim) for an interpreter for a non-English-speaking person.(2)
Except as provided by this section, whenever a court is required to appoint an interpreter for any person in a proceeding before the court, or whenever a hearing officer is required to appoint an interpreter in an adjudicatory proceeding, the court, hearing officer or the designee of the hearing officer shall appoint a qualified interpreter who has been certified under ORS 45.291 (Certification program). If no certified interpreter is available, able or willing to serve, the court, hearing officer or the designee of the hearing officer shall appoint a qualified interpreter. Upon request of a party, victim or witness, the court, hearing officer or designee of the hearing officer, in the discretion of the court, hearing officer or the designee of the hearing officer, may appoint a qualified interpreter to act as an interpreter in lieu of a certified interpreter in any case or adjudicatory proceeding.(3)
The requirements of this section apply to appointments of interpreters for persons with disabilities and for non-English-speaking persons.(4)
The court, hearing officer or the designee of the hearing officer may not appoint any person under ORS 45.272 (Definitions for ORS 45.272 to 45.297) to 45.297 (Authority to enter into service contracts), 132.090 (Presence of persons at sittings or deliberations of jury) or 419C.285 (Parties to delinquency proceeding) if:(a)
The person has a conflict of interest with any of the parties, victims or witnesses in the proceeding;(b)
The person is unable to understand the judge, hearing officer, party, victim or witness, or cannot be understood by the judge, hearing officer, party, victim or witness; or(c)
The person is unable to work cooperatively with the judge of the court, the hearing officer, the person in need of an interpreter or the counsel for that person.(5)
The Supreme Court shall adopt a code of professional responsibility for interpreters. The code is binding on all interpreters who provide interpreter services in the courts or in adjudicatory proceedings before agencies. [1993 c.687 §2; 1999 c.1041 §6; 2001 c.242 §2; 2001 c.243 §2; 2003 c.75 §81; 2007 c.70 §14; 2015 c.155 §4]
Source:
Section 45.288 — Appointment of certified interpreter required; exceptions; disqualifications; code of professional responsibility, https://www.oregonlegislature.gov/bills_laws/ors/ors045.html.
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