Florida Court Interpreter Rule 14.330
RULE 14.330. IMPARTIALITY AND AVOIDANCE OF CONFLICT OF
INTEREST
Interpreters shall be impartial and unbiased and shall refrain from conduct
that may give an appearance of bias. Interpreters shall disclose any real or
perceived conflict of interest.
Committee Notes
The interpreter serves as an officer of the court, and the interpreter’s duty in
a court proceeding is to serve the court and the public to which the court is a
servant. This is true regardless of whether the interpreter is publicly retained at
government expense or retained privately at the expense of one of the parties.
The interpreter should avoid any conduct or behavior that presents the
appearance of favoritism toward any of the parties. Interpreters should maintain
professional relationships with their clients, and should not take an active part in
any of the proceedings. The interpreter should discourage a non-English speaking
party’s personal dependence. During the course of the proceedings, interpreters
should not converse with parties, witnesses, jurors, attorneys, or with friends of
relatives of any party, except in the discharge of their official functions. It is
especially important that interpreters, who are often familiar with attorneys or
other members of the courtroom work group, including law enforcement officers,
refrain from casual and personal conversation with anyone in the court that may
convey an appearance of a special relationship or partiality to any of the court
participants.
The interpreter should strive for professional detachment. Verbal and
nonverbal displays of personal attitudes, prejudices, emotions, or opinions should
be avoided at all times.
Should an interpreter become aware that a participant in the proceedings
views the interpreter as having a bias or being biased, the interpreter should
disclose that knowledge to the appropriate judicial authority and counsel. Any
condition that interferes with the objectivity of an interpreter constitutes a conflict
of interest. Before providing services in a matter, court interpreters must disclose
any prior involvement to all parties and presiding officials, whether personal or
professional, that could be reasonably construed as a conflict of interest. This
disclosure should not include privileged or confidential information.
The following are examples including, but not limited to, circumstances that
are presumed to create factual or apparent conflicts of interest for interpreters
where interpreters should not serve:
(1) The interpreter is a friend, associate, or relative of a party or counsel
for a party involved in the proceeding.
(2) The interpreter has served in an investigative capacity for any party
involved in the proceeding.
(3) The interpreter has previously been retained by a law enforcement
agency to assist in the preparation of the criminal case at issue.
(4) The interpreter or the interpreter’s spouse or child has a financial
interest in the subject matter in controversy or in a party to the proceeding, or any
other interest that would be affected by the outcome of the case.
(5) The interpreter has been involved in the choice of a counsel or law
firm for that case.
Interpreters should disclose to the court and other parties when they have
previously been retained for private employment by one of the parties in the case.
An interpreter should not serve in any matter in which payment for his or her
services is contingent upon the outcome of the case.
Court interpreters will not accept money or other consideration or favors of
any nature or kind which might reasonably be interpreted as an attempt to
influence their actions with respect to the discharge of their obligations except for
the authorized payment for services.
An interpreter who is also an attorney should not serve in both capacities in
the same matter. Interpreters should notify the presiding officer of any personal
bias they may have involving any aspect of the proceeding. For example, an
interpreter who has been the victim of a sexual assault may wish to be excused
from interpreting in cases involving similar offenses.
INTEREST
Interpreters shall be impartial and unbiased and shall refrain from conduct
that may give an appearance of bias. Interpreters shall disclose any real or
perceived conflict of interest.
Committee Notes
The interpreter serves as an officer of the court, and the interpreter’s duty in
a court proceeding is to serve the court and the public to which the court is a
servant. This is true regardless of whether the interpreter is publicly retained at
government expense or retained privately at the expense of one of the parties.
The interpreter should avoid any conduct or behavior that presents the
appearance of favoritism toward any of the parties. Interpreters should maintain
professional relationships with their clients, and should not take an active part in
any of the proceedings. The interpreter should discourage a non-English speaking
party’s personal dependence. During the course of the proceedings, interpreters
should not converse with parties, witnesses, jurors, attorneys, or with friends of
relatives of any party, except in the discharge of their official functions. It is
especially important that interpreters, who are often familiar with attorneys or
other members of the courtroom work group, including law enforcement officers,
refrain from casual and personal conversation with anyone in the court that may
convey an appearance of a special relationship or partiality to any of the court
participants.
The interpreter should strive for professional detachment. Verbal and
nonverbal displays of personal attitudes, prejudices, emotions, or opinions should
be avoided at all times.
Should an interpreter become aware that a participant in the proceedings
views the interpreter as having a bias or being biased, the interpreter should
disclose that knowledge to the appropriate judicial authority and counsel. Any
condition that interferes with the objectivity of an interpreter constitutes a conflict
of interest. Before providing services in a matter, court interpreters must disclose
any prior involvement to all parties and presiding officials, whether personal or
professional, that could be reasonably construed as a conflict of interest. This
disclosure should not include privileged or confidential information.
The following are examples including, but not limited to, circumstances that
are presumed to create factual or apparent conflicts of interest for interpreters
where interpreters should not serve:
(1) The interpreter is a friend, associate, or relative of a party or counsel
for a party involved in the proceeding.
(2) The interpreter has served in an investigative capacity for any party
involved in the proceeding.
(3) The interpreter has previously been retained by a law enforcement
agency to assist in the preparation of the criminal case at issue.
(4) The interpreter or the interpreter’s spouse or child has a financial
interest in the subject matter in controversy or in a party to the proceeding, or any
other interest that would be affected by the outcome of the case.
(5) The interpreter has been involved in the choice of a counsel or law
firm for that case.
Interpreters should disclose to the court and other parties when they have
previously been retained for private employment by one of the parties in the case.
An interpreter should not serve in any matter in which payment for his or her
services is contingent upon the outcome of the case.
Court interpreters will not accept money or other consideration or favors of
any nature or kind which might reasonably be interpreted as an attempt to
influence their actions with respect to the discharge of their obligations except for
the authorized payment for services.
An interpreter who is also an attorney should not serve in both capacities in
the same matter. Interpreters should notify the presiding officer of any personal
bias they may have involving any aspect of the proceeding. For example, an
interpreter who has been the victim of a sexual assault may wish to be excused
from interpreting in cases involving similar offenses.