In U.S. courts, parties and witnesses with limited English proficiency are generally entitled to a qualified interpreter, though the scope of that right varies by court and case type. But "qualified" is not the same thing as "fluent in two languages." Court interpretation is a credentialed profession with formal certification examinations, jurisdiction-specific rosters, and meaningful consequences when an unqualified interpreter is used.
The three tiers in plain English
Tier systems vary by jurisdiction. California uses three working tiers of court interpreter, and the federal courts and other states use their own categories, often under different names:
- Certified: passed a state or federal court certification examination in a specific language pair. The exam tests simultaneous, consecutive, and sight-translation skills under timed conditions. California maintains its own certification program. The federal program is narrower than most people expect: the Administrative Office of the U.S. Courts developed certifications for Spanish, Navajo, and Haitian Creole, but the Navajo and Haitian Creole examinations are no longer offered, which leaves the federal exam running in Spanish and English only.
- Registered: in languages where certification examinations do not exist, qualified interpreters can be added to a state-maintained registry after passing a written exam and an English oral proficiency exam, plus an oral proficiency exam in the other language where one exists. Registered interpreters are competent professionals; they simply work in languages for which the state does not offer a full certification exam.
- Provisionally qualified: used when, after a diligent search, no certified or registered interpreter is available. A judge must find the interpreter qualified, and the court states that finding on the record.
Why the tier matters
Hiring a bilingual person who is not certified or registered exposes a proceeding to two distinct risks. First, the interpretation may be wrong on the record. A small mistranslation in a deposition can flip the meaning of testimony in ways that surface during cross-examination or appeal. Second, opposing counsel can object to an uncertified interpreter, and depending on the jurisdiction the court may decline to proceed.
What to ask when scheduling
- What is the interpreter's certification level for this language pair?
- In what jurisdiction are they certified or registered?
- How many years of court interpreting experience do they have?
- Do they have subject-matter experience in this practice area?
A reputable language services provider will answer all four questions before you book. AMS supplies certified and registered interpreters for state, federal, and administrative proceedings and matches each assignment to subject-matter experience.