California Trial Court Interpreter Employment

Section 71800 provides that the chapter is known as the Trial Court Interpreter Employment and Labor Relations Act.

Section 71801 defines the following terms: “certified interpreter,” “registered interpreter,” “court proceedings,” “cross-assign,” “employee organization,” “intermittent, part-time interpreter,” “local compensation,” “mediation,” “meet and confer in good faith,” “personnel rules,” “personnel policies, procedures, and plans,” “recognized employee organization,” “regional court interpreter employment relations committee,” “regional transition period,” “relay interpreting,” “transfer,” and “trial court.”

Section 71802 requires trial courts to appoint trial court employees, rather than independent contractors, to perform spoken language interpretation of trial court proceedings. An interpreter is an employee of the trial court or an employee of another trial court on cross-assignment. In addition, a trial court may appoint an independent contractor to perform spoken language interpretation of trial court proceedings if one or more of the four specified circumstances exist.

Section 71803 requires in each trial court for there to an employee classification entitled “intermittent, part-time interpreter” to perform simultaneous and consecutive interpretation and sight translation in spoken languages for the trial courts. Specified items apply to employees in this classification.

Section 71804 requires each trial court to offer to employ as a court interpreter pro tempore each interpreter who meets four specified criteria.

Section 71804.5 states that an intermittent, part-time interpreter may not be an employee of more than one trial court, but may accept appointments to provide services to more than one trial court through cross-assignments. This section is operative on January 1, 2025.

Section 71805 requires all interpreters who are employed by a trial court to be classified as court interpreters pro tempore, unless otherwise provided in a memorandum of understanding or agreement with a recognized employee organization.

Section 71806 allows trial courts in the region to employ certified and registered interpreters to perform spoken language interpretation for the trial courts in full-time, part-time, or intermittent, part-time interpreter positions created by the trial courts.

Section 71807 provides that, for purposes of developing regional terms and conditions of employment for court interpreters and for collective bargaining with recognized employee organizations, the trial courts are divided into four regions as specified. In addition, the Judicial Council adopts rules for the creation and operation of a regional court interpreter employment relations committee for each region, composed of representatives chosen by the trial courts within the region.

Section 71808 specifies that the regional court interpreter employment relations committee sets terms and conditions of employment for court interpreters within the region, including hourly rates of pay, subject to meet and confer in good faith. These terms and conditions of employment, when adopted by the regional committee, are binding on the trial courts within the region. Trial courts may set additional local compensation, subject to meet and confer in good faith between the trial court and the recognized employee organization.

Section 71809 requires the regional court interpreter employment relations committee to act as the representative of the trial courts within the region in bargaining with a recognized employee organization. A memorandum of understanding or agreement ratified by the regional court interpreter employment relations committee is considered a binding agreement with each trial court within the region.

Section 71810 allows a court interpreter pro tempore employed by a trial court to accept appointments to provide services to other trial courts. The Judicial Council adopts procedures to facilitate the efficient cross-assignment of court interpreters. A court interpreter on cross-assignment is treated for purposes of compensation, employee benefits, seniority, and discipline and grievance procedures, as having performed the services in the trial court in which the interpreter is employed.

Section 71811 requires court interpreters who are employed by a trial court to be subject to the same personnel rules as other employees of the trial court, subject to meet and confer in good faith.

Section 71812 states that each trial court may control the manner and means of the work performed by court interpreters employed by the trial court and may hire, supervise, discipline, and terminate employment of those court interpreters in accordance with the personnel rules of the trial court, including applicable employee protections and dispute resolution mechanisms.

Section 71812.5 requires court interpreters employed by the trial courts to be permitted to engage in outside employment or enterprises, except where that activity would violate the professional conduct requirements in Rule 2.893 of the California Rules of Court, or in other specified instances. In addition, an interpreter employed by a trial court is prohibited from doing any of five specified actions.

Section 71813 requires court interpreters employed by the trial courts to have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Court interpreters employed by the trial courts also have the right to refuse to join or participate in the activities of employee organizations and have the right to represent themselves individually in their employment relations with the trial courts.

Section 71814 specifies that an agency shop agreement may be negotiated between a regional court interpreter employment relations committee and a recognized employee organization. The term “agency shop” is defined. In addition, an agency shop provision in a memorandum of understanding or agreement which is in effect may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of understanding or agreement, if all of the following are satisfied:

Section 71815 requires a recognized employee organization to have the right to represent its members in their employment relations with the trial courts as to matters covered by this chapter. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership.

Section 71816 requires the scope of representation to include all matters relating to employment conditions and employer-employee relations, such as wages, hours, and other terms and conditions of employment. However, the scope of representation may not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.

Section 71817 requires the regional court interpreter employment relations committee to give reasonable written notice to a recognized employee organization affected by any rule, practice, or policy directly relating to matters within the scope of representation proposed to be adopted by the regional court interpreter employment relations committee. There are additional rules specified in cases of emergency.

Section 71818 requires the regional court interpreter employment relations committee, or those representatives as it may designate, to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment within the scope of representation.

Section 71819 requires, if an agreement is reached by the representatives of the regional court interpreter employment relations committee and a recognized employee organization, that they jointly prepare a written memorandum of understanding or agreement, which is not binding, and present it to the regional court interpreter employment relations committee or its designee for ratification.

Section 71820 provides that, if after a reasonable period of time, representatives of the regional court interpreter employment relations committee and the recognized employee organization fail to reach agreement, the regional court interpreter employment relations committee and the recognized employee organization together may agree upon the appointment of a mediator mutually agreeable to the parties.

Section 71821 requires the trial courts to allow a reasonable number of court interpreter employee representatives of a recognized employee organization reasonable time off, without loss of compensation or other benefits, when formally meeting and conferring with representatives of the regional court interpreter employment relations committee on matters within the scope of representation.

Section 71822 provides the trial courts, the regional court interpreter employment relations committee, and employee organizations may not interfere with, intimidate, restrain, coerce, harass, or discriminate against applicants for interpreter employment or interpreter employees because of their membership in an interpreter association or employee organization, because of their participation in any grievance, complaint, or meet and confer activities, or for the exercise of any other rights granted to interpreter employees under this chapter.

Section 71824 allows a court interpreter to authorize a dues deduction from his or her salary or wages.

Section 71825 defines the term “board,” and provides that the powers and duties of the board also apply to this chapter and include specified authority. Included among the appropriate powers of the board are the power to order elections, to conduct any election the board orders, and to adopt rules to apply in areas where a regional court interpreter employment relations committee has no rule.

Section 71825.1 states that any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case may petition for a writ of extraordinary relief from that decision or order. A board order directing an election may not be stayed pending judicial review. The procedure for filing a petition for a writ of extraordinary relief is described in detail.

Section 71825.2 provides that any written agreements reached through negotiations are binding upon the parties and those agreements may be enforced by petitioning the superior court for relief. In addition, the Judicial Council is required to adopt rules of court that provide a mechanism for the establishment of a panel of court of appeal justices who are qualified to hear specified petitions.

Section 71826 states that the enactment of this chapter may not be construed as making Section 923 of the Labor Code applicable to court interpreters. In addition, court interpreters and the trial courts are not covered by specified provisions of existing law.

Section 71827 provides that, if any provision of this chapter is held invalid, the invalidity may not affect other provisions or application of the chapter that can be given effect without the invalid provisions or application and, to this end the provisions of this chapter are severable.

Section 71828 states that this chapter does not apply to trial courts in Solano and Ventura Counties. Instead, labor and employment relations for court interpreters employed by trial courts in Solano and Ventura Counties remain subject to the Trial Court Employment Protection and Governance Act.