As a first step to obtaining Special Immigrant Juvenile condition for a child client, clearing attorneys must present their case in state court. Frequently, foreign language documents are used equally evidence in the state court hearing. Translations of these documents is required, but not necessarily by a "certified interpreter." Requesting a "certified" translation is problematic for many reasons, including expense of time and money, simply also because this is non a requirement under Texas police. In this postal service we are hoping to explain why this requirement cannot be plant in any of the Texas Codes, Rules of Bear witness, or Rules of Civil Procedure. In fact, case law indicates that a "certified interpreter" for translations is not required.

The Texas Rules of Evidence indicate in TRE 1009 that a foreign language document must have a translation with "a qualified translator'south affidavit or unsworn proclamation that sets forth the translator'southward qualifications and certifies that the translation is accurate." There is no mention of the translator existence "certified" in the rule, only that the translator themselves certifies it is accurate, presumably through the affidavit or unsworn declaration. Nor does the rule signal what makes a translator qualified.

Information technology is also worthwhile noting the difference between interpreting and translating. The Texas Judicial Co-operative Certification Commission (JBCC), of the Office of Court Administration (OCA), licenses court interpreters. But they have pains to differentiate interpreters from translators. Their website indicates that "interpreters work in spoken and signed languages, while translators work in written languages." The JBCC but licenses interpreters, not translators. It would be anachronistic for interpreters to translate written documents and for translators to interpret spoken word. Nosotros all know that some interpreters also piece of work equally translators, and vice versa merely they are distinct skills. CILA staff know several people who consider themselves professional translators just would not ever hold themselves out to be interpreters, as they don't experience they take the required skill for that.

Nowhere else in the TRE, the Government Code, the Civil Practice and Remedies Code, or the Texas Rules of Civil Procedure is there a requirement for translations to be done by someone certified, permit alone a certified interpreter. There are no civil cases direct on indicate for this question, merely there is a criminal case decided by the Appellate Courtroom for the Offset Commune of Texas, which includes Houston and would accept precedential value for commune courts in Harris County, whether civil or criminal. In Castrejon v. Country the court specifically stated that:

Rule 1009(a) applies when a party offers a written translation of a strange language certificate. Information technology requires that the written translation be coupled with an affirmation by a qualified translator setting forth the translator's qualifications and certifying that the translation is fair and accurate and that the translation be provided forty-v days in accelerate of trial. Castrejon v. State, 428 S.W.3d 179, 184 (Tex. App.—Houston [1st Dist.] 2014, no pet.)

In addition, the court found that "[n]either article 38.30 nor Rule 1009 requires an interpreter to be "certified" or "licensed" in gild to provide an admissible translation. See Tex.Lawmaking Crim. Proc. Ann. art. 38.thirty(a); Tex.R. Evid. 1009." Id at 188.

Yet, the court in Castrejon does continue to indicate that "®he competency of an individual to act as an interpreter is a question for the trial court." Id. This indicates that the judge has the right to decide if an interpreter is qualified. But there is no mention of translators, and as mentioned higher up, just because a person is licensed for oral interpretation does not brand them as well qualified to practise written translations.

Don't forget, the Country Bar of Texas offers the Language Admission Fund, which helps connect legal aid organizations across the state with much-needed translation and estimation services for clients with express English-language proficiency. Legal aid organizations interested in connecting with translation and interpretation services through the Language Access Fund tin contact the Country Bar to go access.

For a more in-depth discussion of this topic, you tin can refer to our Practice Pointer, Translation in Texas Family Courts,  in the "Boosted Resources (Password-Protected)" portion of our website.