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Fill and Sign the Int 120 Certification of Unavailability of Certified or Form

Fill and Sign the Int 120 Certification of Unavailability of Certified or Form

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INTERPRETER'S NAME:LANGUAGE: Number of six- month periods this interpreter has been used: Beyond the period allowed by Cal. Rules of Courts, rule 2.893. Within INSERT NAME OF COURT, JUDICIAL DISTRICT, AND BRANCH COURT, IF ANY: CERTIFICATION OF UNAVAILABILITY I am the person responsible for assi gning interpreters to this court. I have read and understand Government Code sections 68560.5 and 6 8561 mandating the use of certified court interpreters in court proceedings in languages that have been designated by the Judicial Council, and the use of registered interpreters in proceedings in languages not designated by the Judicial Council. After making a diligent search, I certif y that NO CERTIFIED OR REGISTERED CO URT INTERPRETER IS AVAILABLE ON THIS DATE to interpret in the language stated above. I have diligently attempted to contact all certified or registered court interpreters for th is language in this county and in the neighboring counties of (specify): I attempted to contact interpreters on the Judicial Council Master List of Certified Court Interpreters. I have also made the following efforts to obtain an interpreter (see section 2.0, p.2): (2) I attempted to contact interpreters on the list of Federa l Certified Interpreters (Spanish, Haitian-Creole, or Navajo I attempted to contact interpreters on the Master List of Certified Administrative Hearing Interpreters published by the State Personnel Board. (3) I attempted to contact interp reter agencies in this area. (4) I certify that the Qualifications of a Noncertifi ed or Nonregistered Interpreter (form INT -110) for the interpreter named above was filed with the court administrat or within the past six months. 7. I certify that the foregoing is true and correct. Date : (TYPE OR PRINT NAME) (SIGNATURE OF COURT ADMINISTRATOR DESIGNEE) (See procedures on reverse) Form Adopted for Mandatory Use Judicial Council of California INT-120 [Rev. January 1, 2009] Gov. Code, sections 68561(c), 71802(b)(1), and (d) CERTIFICATION OF UNAVAILABILITY OF CERTIFIED OR REGIST ERED INTERPRETER INT-120 Page 1 of 3 I attempted to contact the regional coordinator for this region. (1) CERTIFICATION OF UNAVAILABILITY OF CERTIFIED OR REGISTERED INTERPRETER only). FOR COURT USE ONLY (FILE WITH THE COURT ADMINISTRATOR) 1. 3. 2. 4. 5. a. b. 6. Case Number: Date of Proceeding: c. The scheduled interpreter canceled less than 24 hours before the proceeding. PROCEDURES FOR DETERMINING UNAVAILABILITY OF ACERTIFIED OR REGISTERED COURT INTERPRETER (Gov. Code, sections 68561(c), 68564(d), 71802(b)(1) and (d)) Definitions "Diligent search" refers to the procedures (outlined below in section 2.0) followed by the court in good faith to find a certified or registered court interpreter in the target language. "Interpreter coordinator" refers to the person who is responsible for assigning interpreters to a court. Procedures for Diligent Search Before the court may use a noncertified or nonregistered interpre ter, the interpreter coordinator shall attempt to contact interpreters on the Judicial Council Master List of Certified Court Interpreters. If no certified or registered court interpret er is available, the interpreter coordinator shall take the following steps in the order listed: The interpreter coordinator shall attempt to contact interpreters on the Master List of Certified Administrative Hearing Interpreters published by the State Personnel Board. The interpreter coordinator shall attempt to contact interpreter agencies in the area. Page 2 of 3 INT-120 [Rev. January 1, 2009] INT-120 CERTIFICATION OF UNAVAILABILITY OF CERTIFIED OR REGIST ERED INTERPRETER "Registered court interpreter" means any person who interprets in a court pr oceeding using a language not designated by the Judicial Council whom the court qualifie s under procedures and guidelines adopted by the Judicial Council AND who passes an English fluency examination offered by a testing entity approved by the Judicial Council . (Gov. Code, section 68561(d).) The interpreter coordinator shall attempt to co ntact the regional coordinator for the region. Procedures Upon Finding of Unavailability The judge may choose to continue the matter until a certified or registered court interpreter is available. OR If a certified or registered court interpre ter cannot be located, this form documentin g the efforts made to comply with these provisions shall be completed and filed in the case. Contact shall be maintained with the courtroom officers to keep them apprised of the status of efforts to locate a certified or registered court interpreter. The interpreter coordinator shall attempt to contact interpre ters on the list of Federal Certified Interpreters (Spanish, Haitian-Creole, or Navajo only). "Designated languages" are the following languages now designated by the Judi cial Council: Arabic, Armenian (Eastern), Armenian (Western) , Cantonese, Japanese, Korean, Mandarin, Portuguese, Russian, Spanish, Tagalog, and Vietnamese. The designated languages may change depending on the results of a language use and need study (Gov. Code, section 68562(a)). "Certified court interpreter" means a natural person who holds a valid certificat e as a certified court interpreter issued by the Judicial Council or by a certific ation entity approved by the Judicial Council (Gov. Code, section 68566) . (Note: Only interpreters of a designated language may be certified. As of January 1, 1996, interpreters named on the list previously established by the State Personnel Board, or interpreters with documentation from the State Personnel Board or any other entity, are not "certified cour t interpreters," unless they also possess a valid certificate from the Judicial Council.) 1.1 1.2 1.4 1.3 1.5 2.1 3.1 3.2 a. b. c. d. 1.0 2.0 3.0 Page 3 of 3 INT-120 [Rev. January 1 , 2009] CERTIFICATION OF UNAVAILABILITY OF CERTIFIED OR REGISTERED INTERPRETER 3.3 The judge may determine that it is acceptable to proceed with a noncertified or nonregistered interpreter. If so, the judge on the record shall (1) find that good cause exists for the court to appoint a noncertified or nonregistered interpreter; (2) find the noncertified or nonregistered interpreter to be qualified to interp ret in the proceeding based on the interpreter's declaration of qualifications and the presiding judge's or der provisionally qualifying the interpreter (form INT -110), and, if the judge deem s it necessary, on the judge's examination of t he interpreter; and (3) appoint the noncertified or nonregistered interpreter to interpret in the proceeding. The court shall inform the parties that the interpreter is not certified or registered and may request a stipulation or waiver. A party may object to the interpreter at any time during the proceeding that it appears to the party that the interpreter is unqualified. The court shall record in the minu te order or docket the name of the noncertified or nonregistered interpreter and the other information required by California Rules of Court, rule 2.893. 3.4 PROCEDURES FOR DETERMINING UNAVAILABILITY OF A CERTIFIED OR REGISTERED COURT INTERPRETER (Gov. Code, sections 68561(c), 68564(d), 71802(b)(1) and (d)) INT-120 If a particular matter is heard using a noncertified or nonregistered interpreter and further proceedings are set for a future date, the interpreter coordinator shall continue efforts to obtain the services of a certified or registered court interpreter for al l subsequent hearing dates. At the discretion of the court, the interpreter appointed on a particular matter may remain on that matter.

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