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