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IN RE INTERPRETER FEES
2021 OK 42
| Okla. | 2021
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Background

  • Oklahoma Supreme Court issued an administrative order (effective Oct 1, 2021) superseding prior directive and setting statewide rules for payment and use of foreign-language and sign-language interpreters.
  • Order relies on statutory and constitutional administrative authority and implements the preference hierarchy in 20 O.S.Supp.2020 § 1710: certified interpreters prioritized, then registered, then provisional.
  • Sets capped hourly rates for spoken-language interpreters: Certified $80; Registered $65; Provisional $50; All other spoken-language interpreters $40. Sets sign-language rates: Certified $80; Other qualified sign-language interpreters $60.
  • Establishes billing rules: two-hour minimum per day for certified/registered (and certified sign-language) in-person district court work; one-hour minimum for remote appearances; thereafter billed in 15-minute increments; prohibits double-billing and limits non-trial billable time to 8 hours/day.
  • Addresses travel, lodging, and cancellations: mileage reimbursed under State Travel Reimbursement Act; no hourly travel pay; lodging/per diem allowed when cost-effective; $100 cancellation fee for certified/registered assignments canceled with <24 hours notice (limited exceptions); Chief Justice may authorize departures from rates/provisions when necessary.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Credential preference Interpreters/advocates: courts must use highest-credential interpreters (accuracy, fairness) Courts/state: must balance credential preference with availability and practicality Court adopts statutory order: certified > registered > provisional; allows good-cause exceptions for practicality
Hourly-rate caps for spoken-language interpreters Interpreters: higher pay necessary to reflect skill and attract qualified professionals State/court: caps needed to control public costs and standardize payment Court sets caps: Certified $80; Registered $65; Provisional $50; Others $40
Billable-time minimums and billing method Interpreters: guaranteed minimums for in-person and remote work; clear increment rules Courts: minimize idle wait time, prevent double billing, and limit daily billing Court requires 2-hour minimum for certified/registered in person, 1-hour remote minimum, 15-minute increments, no double-billing, cap (non-trial) 8 hrs/day
Cancellation, travel, lodging, exceptions Interpreters: seek fair cancellation pay, travel/lodging reimbursement Courts/state: restrict reimbursements to statutory travel rules and limit fees $100 cancellation fee for certified/registered if canceled <24 hrs (weather/health exceptions); mileage per travel act; no hourly travel pay; lodging/per diem per travel act; Chief Justice can authorize exceptions

Key Cases Cited

  • No reported case authorities are cited in this administrative order.
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Case Details

Case Name: IN RE INTERPRETER FEES
Court Name: Supreme Court of Oklahoma
Date Published: Sep 13, 2021
Citation: 2021 OK 42
Court Abbreviation: Okla.