APPENDIX B TO CHAPTER 16-2

CODE OF CONDUCT FOR INTERPRETERS IN THE SOUTH DAKOTA JUDICIARY

Preamble

Many persons who come before the courts are partially or completely excluded from full participation in the proceedings due to limited English proficiency or a speech or hearing impairment. It is essential that the resulting communication barrier be removed, as far as possible, so that these persons are placed in the same position as similarly situated persons for whom there is no such barrier. Interpreters help ensure that such persons may enjoy equal access to justice and that court proceedings and court support services function efficiently and effectively. Interpreters are highly skilled professionals who fulfill an essential role in the administration of justice.

Source: SL 2013, ch 266 (Supreme Court Rule 13-05), eff. Feb. 14, 2013. Applicability

This Code shall guide and be binding upon all persons, agencies, and organizations who administer, supervise use of, or deliver interpreting services to the judiciary.

Source: SL 2013, ch 266 (Supreme Court Rule 13-05), eff. Feb. 14, 2013. Canon 1. Accuracy and completeness. Interpreters shall render a complete and accurate interpretation or sight translation, without altering, omitting, or adding anything to what is stated or written, and without explanation.

Source: SL 2013, ch 266 (Supreme Court Rule 13-05), eff. Feb. 14, 2013. Canon 2. Representation of qualifications. Interpreters shall accurately and completely represent what their training and pertinent experience is and any certification they may have.

Source: SL 2013, ch 266 (Supreme Court Rule 13-05), eff. Feb. 14, 2013. Canon 3. 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.

Source: SL 2013, ch 266 (Supreme Court Rule 13-05), eff. Feb. 14, 2013. Canon 4. Professional demeanor. Interpreters shall conduct themselves in a manner consistent with the formality and civility of the court and shall draw as little attention to themselves as possible.

Source: SL 2013, ch 266 (Supreme Court Rule 13-05), eff. Feb. 14, 2013. Canon 5. Confidentiality. Interpreters shall keep confidential all privileged and other confidential information.

Source: SL 2013, ch 266 (Supreme Court Rule 13-05), eff. Feb. 14, 2013. Canon 6. Restriction of public comment. Interpreters shall not publicly discuss, report, or offer an opinion concerning a matter in which they are or have been engaged, even when that information is not privileged or required by law to be confidential.

Source: SL 2013, ch 266 (Supreme Court Rule 13-05), eff. Feb. 14, 2013. Canon 7. Scope of practice. Interpreters shall limit themselves to interpreting or translating, and shall not give legal advice, express personal opinions to individuals for whom they are interpreting, or engage in any other activities which may be construed to constitute a service other than interpreting or translating while serving as an interpreter.

Source: SL 2013, ch 266 (Supreme Court Rule 13-05), eff. Feb. 14, 2013. Canon 9. Duty to report ethical violations. Interpreters shall report to the proper judicial authority any effort to encourage a lack of compliance with any law, any provision to this Code, or any other official policy governing court interpreting and legal translating.

Source: SL 2013, ch 266 (Supreme Court Rule 13-05), eff. Feb. 14, 2013. Canon 10. Professional development. Interpreters shall strive to continually improve their skills and knowledge and advance the profession through activities such as professional training and education, and interactions with colleagues and specialists in related fields.

Source: SL 2013, ch 266 (Supreme Court Rule 13-05), eff. Feb. 14, 2013.