The Supreme Court of South Carolina

RE: APPOINTMENT OF QUALIFIED COURT INTERPRETERS FOR NON-ENGLISH SPEAKING PERSONS AND PAYMENT FOR THEIR SERVICES

O R D E R

IT IS ORDERED that the Order of the Court dated May 20, 2004 providing procedures for appointment of qualified interpreters for non-English speaking persons and payment for their services is amended effective immediately:

1. The appointment of a certified or otherwise qualified interpreter pursuant to S.C. CODE ANN. Section 15-27-155 for a party or witness unable to speak English shall be by written Order of the Court making the appointment.

2. The court appointed certified or otherwise qualified interpreter shall receive payment of $25.00 per hour, with a two-hour minimum, for interpreting services rendered. The fees for interpreting services may be: (a) paid out of funds appropriated to the Judicial Department by the General Assembly; (b) paid by one or more of the parties as the Court may direct; or (c) taxed ultimately as costs based on the discretion of the Court, with any fees over the $25.00 per hour set by Order of this Court being the responsibility of the County. Effective September 1, 2006, the payment will increase to $45.00 per hour for certified foreign language interpreters.

3. Application for the interpreter's fee shall be made on such forms as are prescribed and furnished by South Carolina Court Administration. Namely, SCCA/262, 263, and 264. The original Request for Payment must be submitted only upon completion of the interpreting services. Requests for Payment must be accompanied by the original Interpreter Time Sheet showing with specificity (to the nearest quarter hour) the hours spent and approved by the Court making the appointment. In addition, the Court must sign the Order of Appointment and Request for Payment.

4. The Judicial Department will not be responsible for the payment of interpreter services when funds appropriated specifically for this purpose by the General Assembly are exhausted.

5. Forms shall be available at the Judicial Department website www.sccourts.org for use in implementing these procedures.

6. Court Administration will maintain a centralized list of certified or otherwise qualified interpreters. A party or a witness may use a qualified interpreter who is not on the centralized list as long as the interpreter meets the requirements of subsection (B), and submits a sworn affidavit to the Court specifying his or her qualifications.

IT IS SO ORDERED.

Columbia, South Carolina
August 3, 2006