In this article
A court interpreter renders proceedings in real time between English and another language. The interpreter is on the record. Every party in the room depends on the interpreter being accurate, neutral, and discreet. The professional codes that govern court interpreters in the United States are short, specific, and well-established.
The NAJIT Code of Ethics and Professional Responsibilities
The National Association of Judiciary Interpreters and Translators publishes a Code of Ethics binding on all NAJIT members. The code has eight canons. This article covers the first four; the other four are Protocol and Demeanor, Maintenance and Improvement of Skills and Knowledge, Accurate Representation of Credentials, and Impediments to Compliance. The first four are:
Canon 1: Accuracy
The source-language message is rendered faithfully into the target language, preserving every element of the original. The interpreter does not summarize, paraphrase, omit, or add. If something cannot be rendered cleanly, the interpreter says so on the record rather than guessing.
Canon 2: Impartiality and conflicts of interest
The interpreter is neutral. They do not advocate for any party. They disclose any conflict of interest (prior relationship with a party, financial interest in the outcome) and recuse if appropriate. They avoid unnecessary contact with the parties and abstain from commenting on the matter.
Canon 3: Confidentiality
Privileged or confidential information learned in the course of interpreting cannot be disclosed without authorization. This applies during the proceeding, in side conversations, and after the matter concludes.
Canon 4: Limitations of practice
The interpreter interprets. They do not give legal advice, explain procedure to a party, or perform any function outside interpretation. A bilingual attorney is not an interpreter, and a court interpreter is not a paralegal.
California state court interpreters
California court interpreters are also bound by California Rules of Court, rule 2.890 (Professional conduct for interpreters). The Judicial Council of California explains the rule in its guide Professional Standards and Ethics for California Court Interpreters. The rule covers much the same ground as the NAJIT canons. It requires interpreters to maintain and improve their skills through continuing education, and to report to the court or other appropriate authority any effort to impede their compliance with the law or the rule.
Why this matters in practice
When an interpreter requests a brief pause to look up a term, that is Canon 1 at work. When an interpreter declines to chat with a witness in the hallway, that is Canon 2. When an interpreter refuses to tell anyone what a defendant said to their attorney in a private consultation, that is Canon 3. When an interpreter declines to explain a legal concept to a witness in plain language, that is Canon 4. None of these are quirks. They are the substance of the profession.
AMS interpreters are vetted for ethics training in addition to language and certification. When booking, you can ask for an interpreter's ethics-related credentials in writing.