PETITION TO REINSTATE FIFTEEN (15) HOURS OF SELF-STUDY AND CLE / MCLE CIMCE CREDIT RECIPROCITY AND ELIMINATE SECTIONS 3.5.3 AND 3.5.4 AND ADOPT SECTION 3.5.5 FOR ALL COURT INTERPRETERS IN TH

PETITION TO REINSTATE FIFTEEN (15) HOURS OF SELF-STUDY AND CLE / MCLE CIMCE CREDIT RECIPROCITY

AND

ELIMINATE SECTIONS 3.5.3 AND 3.5.4 AND ADOPT SECTION 3.5.5 FOR ALL COURT INTERPRETERS IN THE COMPLIANCE REQUIREMENTS FOR COURT INTERPRETERS

BACKGROUND



SELF-STUDY:

Beginning in 2011, the option of completing 15 hours of self-study without a CIMCE number will be eliminated. All 30 continuing education credits must have a CIMCE number or be chosen from a pre-approved provider, with a minimum of 15 credits being instructor-led activities.


CLE / MCLE STUDY:

Beginning in 2011, Continuing Legal Education (CLE) and Minimum Continuing Legal Education (MCLE), which originally qualified as automatic CIMCE credits, will be eliminated as such.


REVOCATION OF CERTIFICATION OR REGISTRATION:

Under sections 3.5.3 and 3.5.4 of the Compliance Requirements, when a certified or registered court interpreter fails to pay the $100 renewal fee, comply with the 30 hours of continuing education, show proof of 40 cases, or turn in all documents by a designated date, his or her certification, or registration, IS REVOKED and the interpreter MUST RETAKE the interpreter exam to be reinstated on the Master List of California State Certified/Registered Interpreters.


In contrast, other professionals in the court system such as attorneys, court reporters and family court services specialists, to name a few, have their license or certification suspended, not revoked, when they are not in compliance with the renewal requirements set by their governing bodies. Once the person complies, he or she is reinstated without having to retest. Only the state court interpreters are subjected to such a punitive policy.


The Judicial Council and the Administrative Office of the Courts further discriminate against the state court interpreters by having a special policy under Section 3.5.5 tailored specifically for federally certified interpreters who also work for the California State Court. Unlike the state certified or registered interpreters who lose their certification or registration when not in compliance, Section 3.5.5 says that federal interpreters who do not comply with the Administrative Office of the Courts renewal and continuing education requirements will have their Master List status revoked. However, they may regain Master List status simply by retaking the ethics workshop and completing the enrollment procedures.


We know the Judicial Council and the Administrative Office of the Courts do not have jurisdiction over the certification of federal interpreters, and therefore, cannot revoke their certification. Nevertheless, Section 3.5.5 allows obvious preferential treatment of federally certified interpreters, attributing them greater privileges to the detriment of state certified interpreters.


Loss of certification or registration for state interpreters because of incompliance is blatantly inconsistent with the consequences faced by all other professions in the court system.




PETITION


SELF-STUDY:

We, the undersigned, object to the elimination of the 15 hours of self-study. The new policy is unfair and discriminatory towards all court interpreters, in view of the requirements imposed on other comparable professions in the Judicial System. Self-study is approved and accepted for attorneys, court reporters and court mediators, among others.


It is of grave concern to all interpreters that the Judicial Council and the Administrative Office of the Courts, by their action, do not seem to recognize the vital and important role that self-study plays in the professional growth of language interpreters. To be a skillful and competent interpreter, a person needs to be not only bilingual but bicultural.

Self-directed study in the foreign country of the target language, studying the language and cultural content in a foreign language book or movie, and developing, expanding or studying specialized glossaries are all equally educational activities for the court interpreter, if not more so, than AOC broadcasts made for court clerks.


The elimination of self-study poses a problem for languages of lesser diffusion, also called Other Than Spanish. In less common languages, finding language-specific continuing education is difficult if not impossible, and the self-study gave these interpreters the ability to find and study texts in their language.


By eliminating self-study, the Judicial Council and the Administrative Office of the Courts are rejecting precisely the type of activities that professional court interpreters should pursue with fervor in order to maintain and grow in the knowledge of the ever changing spoken language.


CLE / MCLE STUDIES:

The elimination of attorney CLE or MCLE coursework reciprocity with CIMCE credits does not make sense, particularly given the fact that many of the previously accepted CIMCE courses have been presented by lawyers.


Conscientious interpreters are their own worst critics and only they know which areas of their professional skill set need honing. The freedom to choose which CLE courses or activities to perform for ones unique professional development is crucial. Given that the Judicial Council and the Administrative Office of the Courts do not count any certified interpreters among their administrators and personnel, they cannot be expected to anticipate all of the diverse fields of knowledge in which certified interpreters seek to improve.


The elimination of both self-study and CLEs limits our ability to choose or create activities that we know, to a certainty, will help us grow professionally.


We, the undersigned, petition the Judicial Council and the Administrative Office of the Courts to reinstate, as of

January 1, 2011, the 15 hours of self-study, as well as the original Section 3.2.7 which read as follows:

3.2.7 Relevant educational activities approved by the State Bar for minimum continuing legal education (MCLE) credit are automatically approved for CIMCE credit.


SECTIONS 3.5.3 AND 3.5.4

The above Sections are unfair to all state court interpreters. They are not only unduly harsh, but also discriminatory, in view of the less serious consequences suffered by other professionals in the judicial system.


We, the undersigned, object to the current policy stated in Sections 3.5.3 and 3.5.4 of the Compliance Requirements For Certified Court Interpreters And Registered Interpreters Of Nondesignated Languages.


We, the undersigned, petition the Judicial Council and the Administrative Office of the Courts to eliminate

Sections 3.5.3 and 3.5.4 and to expand and adopt Section 3.5.5 to include all state certified and registered interpreters. This new section should read:

3.5.5. Federally certified (FCICE) interpreters, state certified interpreters and state registered interpreters who wish to maintain their Master List status must meet all of the annual renewal and biennial continuing education compliance requirements. If Master List status is revoked, the certified or registered interpreter must retake the ethics workshop and complete the enrollment procedures before regaining Master List status.