The court has received inquiry form the Marshal’s Service and the Probation Department concerning persons who seek to act as defense interpreters of defendants in the court’s holding cells or of defendants during interviews with probation officers. Specifically, the court has been informed that because there are no clear guidelines, family members or friends of a defendant have acted as interpreters, as well as persons with no documentation of their profession who claim to be interpreters. The court finds that standards must be set since both situations often involve highly sensitive information being exchanged between a defendant and his/her attorney or probation officer. Because the holding cells are small and the court is experiencing a large increase in criminal cases, interpreters are able to overhear conversations between lawyers and their clients, including the topic of cooperation with the government. Moreover, the court has mandated that if a defendant is cooperating, the Probation Officer must discuss the nature of the cooperation with the defendant. Hence, the court orders the following:

1. Only interpreters certified by the state of California or the federal government may be allowed to act as interpreters in the Marshal’s holding cells or during probation interviews.

2. The court’s supervising interpreter will maintain a list of certified interpreters who wish to interpret in the holding cells or for probation interviews, and will regularly provide a copy to the Marshal’s Service and the Probation Department.

3. Any interpreter desiring to be placed on the list must provide a copy of his/her certification to the supervising interpreter for photocopying so that its validity may be verified.

4. If desired, an attorney may contact the supervising interpreter 24 hours in advance and he/she will provide an interpreter to assist in the holding cells, throughout the day at no cost.

5. Because of security concerns, no certified interpreter who is a family member or friend of a prisoner may interpret for him/her in holding cells or during probation interviews.

6. Because of security and confidentiality concerns, no certified interpreter who a) is residing with a person who is charged in a pending federal indictment, who is a federal prisoner or on federal supervision, or b) has an immediate family member (child, parent, spouse, sibling) in federal prison or show is on active federal supervision or is charged in a pending federal indictment may interpret in the holding cells or during probation interviews.

DATED: April 18, 1997

FILED: April 18, 1997