§ 6-706. Provisionally certified foreign language interpreter requirements.

§ 6-706. Provisionally certified foreign language interpreter requirements.

      A provisionally certified foreign language interpreter must be able to interpret simultaneously and consecutively and provide sight translation from English into the target language and from the target language into English.   

   In languages for which no oral examination is available, an applicant may be provisionally certified upon establishing to the satisfaction of the State Court Administrator that the individual has:

   (A) Reached the age of 19;

   (B) Filed with the State Court Administrator a resume, a completed questionnaire regarding their experience, education, work history, and permission for the State Court Administrator to execute a criminal records check;

   (C) Had no past felony convictions or pending felony criminal charges. In addition, in the preceding 5 years had no misdemeanor convictions or pending charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability. Disposition of any felony other than by acquittal or dismissal (e.g., pretrial diversion) shall be the basis for denial of provisional certification. Disposition of misdemeanor charges manifesting a significant deficiency in honesty, trustworthiness, diligence, or reliability less than 5 years in the past other than by acquittal or dismissal (e.g., pretrial diversion) may be the basis for denial of provisionally certified status;

   (D) Completed the Nebraska Judicial Branch or other state, federal, or member of the National Center for State Courts Language Access Services Section court interpreter orientation that satisfy the requirements of § 6-704(B);

   (E) Achieved a qualifying score of 80 percent or higher on a National Center for State Courts written examination administered by the Nebraska Judicial Branch or any member of the National Center for State Courts Language Access Services Section; and

   (F) Demonstrate both written and oral proficiency in both English and the foreign language by the following:

   (1) Proof of the applicant's English written proficiency shall be demonstrated by one or more of the following:

   (a) A degree from an accredited college or university in a country where English is the official language; or

   (b) A minimum of 1 year of completed graduate coursework at an accredited university in a country where English is the official language; or

   (c) A score of 400 in the Test of English as a Foreign Language (TOEFL) paper-based language test; a score of 97 in the TOEFL PC-based language test; or a score of 32 in the TOEFL Internet-based language test; or

   (d) Publication in English where the candidate is the sole or main author; or

   (e) Translator certification by the American Translators Association (ATA) in translation of a non-English documents into the English language.

   (2) Proof of the applicant's English oral proficiency shall be demonstrated by one or more of the following:

   (a) A minimum of 2 years of teaching experience at the college level (undergraduate or graduate) using English as the language of instruction; or

   (b) A minimum of 2 years of other professional work experience in the United States or in a country where the official language is English.

   (3) Proof of written proficiency in the foreign language(s) as demonstrated by the following:

   (a) A minimum 4-year college degree from the United States or an equivalent higher education degree from another country where instruction is conducted in that language; or

   (b) Publication in the foreign language in which the applicant is the sole or main author; or

   (c) Translator certification from the American Translators Association (ATA) in translation of an English document into a foreign language.

   (4) Proof of oral proficiency in the foreign language as demonstrated by the following:

   (a) A minimum of 2 years of teaching at the college level (undergraduate or graduate) using the foreign language as the language of instruction; or

   (b) A minimum of 2 years of other professional experience in a country where the foreign language is the official language; or

   (c) A degree from an internationally recognized university or academic institution, ideally in, but not limited to, translation and interpretation with a concentration in the foreign language.

   (5) Three letters of reference to attest to the applicant's interpreting and professional experience within the past 2 years.

   (6) The State Court Administrator shall determine whether an applicant's degree, coursework, teaching experience, and/or professional work experience meet the requirements of this rule and may determine if an applicant meets the requirements of this rule if an applicant passes an equivalent test or obtains a certification that demonstrates proof of oral proficiency in both English and the foreign language.

   (7) Upon the applicant's meeting the above requirements, the individual will be assigned to a mentor program developed and approved by the Nebraska Judicial Branch. Upon completion of the mentor program and a favorable report from the assigned mentor, the applicant shall be considered a provisionally certified interpreter.

   (G) Continuing Education. To maintain provisionally certified status, court interpreters must comply with continuing education requirements as outlined in § 6-710. Failure to complete recognized continuing education shall be grounds for removal of the interpreter's name from the statewide register of interpreters.

   (H) Provisional certification shall be recognized by the Nebraska Judicial Branch until such time as an oral examination is available from the National Center for State Courts. The provisional certification will be withdrawn 6 months after an oral test is made available in the interpreter's non-English language. Provisionally certified interpreter status will be adjusted based on their National Center for State Courts oral examination results.

§ 6-706 adopted March 16, 2011; § 6-706(G) amended May 16, 2012, effective July 1, 2012; § 6-706(C) amended December 12, 2018; § 6-706, (D)-(F), and (H) amended April 14, 2021; § 6-706 amended June 12, 2024.