Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.
This chapter shall be known and may be cited as the Trial Court Interpreter Employment and Labor Relations Act.
Chapter 7.5 - Trial Court Interpreter Employment and Labor Relations Act
California Government Code — §§ 71800-71828
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Sections (31)
Repealed (in Sec. 1) and added by Stats. 2023, Ch. 556, Sec. 2. (AB 1032) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.
For purposes of this chapter, the following definitions shall apply:
(a)“Certified interpreter” and “registered interpreter” have the same meanings as in Article 4 (commencing with Section 68560) of Chapter 2. This chapter does not apply to sign language interpreters.
(b)“Court proceedings” has the same meaning as subdivision (a) of Section 68560.5.
(c)“Cross-assign” and “cross-assignment” refer to the appointment of a court interpreter employed by a trial court to perform spoken language interpretation services in another trial court, pursuant to Section 71810.
(d)“Employee organization” means a labor organization that has as one of its purposes representing employees in their relations with the trial courts.
(e)“Intermittent, part-time interpreter” is a court interpreter who works as an intermittent employee on a day-by-day basis as described in Section 71803.
(f)“Local compensation” means any amounts paid to employee interpreters by an individual trial court that are not paid pursuant to the regional memorandum of understanding and are not calculated on an hourly basis.
(g)“Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours, and other terms and conditions of employment between representatives of the trial court or regional court interpreter committee and the recognized employee organization
through interpretation, suggestion, and advice.
(h)“Meet and confer in good faith” means that a trial court or regional court interpreter committee or those representatives it may designate, and representatives of a recognized employee organization, shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation. The process shall include adequate time for the resolution of impasses where specific procedures for resolution are contained in this chapter, or when the procedures are used by mutual consent.
(i)“Personnel rules,” “personnel policies, procedures, and plans,” and “rules and regulations” mean policies, procedures, plans, rules, or regulations
adopted by a trial court or its designee pertaining to conditions of employment of trial court employees, subject to meet and confer in good faith.
(j)“Recognized employee organization” means an employee organization that has been formally acknowledged to represent the court interpreters employed by the trial courts in a region, pursuant to this chapter.
(k)“Regional court interpreter employment relations committee” means the committee established pursuant to Section 71807.
(l)“Regional transition period” means the period from January 1, 2003, to July 1, 2005, inclusive, except that the transition period for the region may be terminated earlier by a memorandum of understanding or agreement between the regional court interpreter employment relations committee and a recognized employee organization.
(m)“Relay interpreting” is the process by which two interpreters with different language pairs work in tandem to communicate between the target language and English.
(n)“Transfer” means transfer within the trial court as defined in the trial court’s personnel policies, procedures, and plans, subject to meet and confer in good faith.
(o)“Trial court” means the superior court in each county.
(p)This section shall become operative on January 1, 2025.
Repealed (in Sec. 3) and added by Stats. 2023, Ch. 556, Sec. 4. (AB 1032) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.
(a)Trial courts shall appoint trial court employees, rather than independent contractors, to perform spoken language interpretation of trial court proceedings. An interpreter shall be an employee of the trial court or an employee of another trial court on cross-assignment.
(b)Notwithstanding subdivision (a), a trial court may appoint an independent contractor to perform spoken language interpretation of trial court proceedings if one or more of the following circumstances exists:
(1)An interpreter who is not registered or certified is appointed on a temporary basis pursuant to Rule 2.893 of the California Rules of Court.
(2)The interpreter is over 60 years of age on January 1, 2003, or the sum of the interpreter’s age in years on January 1, 2003, and the number of years the interpreter has provided services to the trial courts as an independent contractor prior to January 1, 2003, is equal to or greater than 70, the interpreter has provided services to the trial courts as an independent contractor prior to January 1, 2003, and the interpreter requests in writing prior to June 1, 2003, the opportunity to perform services for the trial court as an independent contractor rather than as an employee.
(3)The interpreter is certified or registered and paid directly by the parties in the proceeding.
(4)The interpreter has performed services for the trial courts as an independent contractor prior to January 1, 2003, the interpreter notifies the trial court in writing prior to June 1, 2003,
that the interpreter is precluded from accepting employment because of the terms of an employment contract with a public agency or the terms of a public employee retirement program, the interpreter provides supporting documentation, and the interpreter requests in writing the opportunity to perform services for the trial court as an independent contractor rather than an employee.
(c)Notwithstanding subdivisions (a) and (b), and unless otherwise provided in a memorandum of understanding or agreement with a recognized employee organization, a trial court may also appoint an independent contractor on a day-to-day basis to perform spoken language interpretation of trial court proceedings if all of the following circumstances exist:
(1)The trial court has assigned all the available employees and independent contractors appointed pursuant to paragraphs (2) and (4) of subdivision (b)
in the same language pair and has need for additional interpreters. Employees and independent contractors who are appointed pursuant to paragraphs (2) and (4) of subdivision (b) shall be given priority for assignments over independent contractors who are appointed pursuant to this subdivision.
(2)The interpreter has not previously been appointed as an independent contractor by the same trial court on more than 100 court days or parts of court days during the same calendar year, except that the trial court may continue to appoint an independent contractor on a day-to-day basis to complete a single court proceeding, if the trial court determines that the use of the same interpreter to complete that proceeding is necessary to provide continuity. An interpreter who has been appointed by a trial court as an independent contractor pursuant to this subdivision on more than 45 court days or parts of court days during the same calendar year shall be
entitled to apply for employment by that trial court as an intermittent, part-time interpreter and the trial court shall not refuse to offer employment to the interpreter, except for cause. For purposes of this section, “for cause” means a fair and honest cause or reason regulated by good faith on the part of the party exercising the power.
(3)The trial court does not provide an independent contractor appointed pursuant to this subdivision with lesser duties or more favorable working conditions than those to which a court interpreter employed by that trial court would be subject for the purpose of discouraging an interpreter from applying for employment with the trial court. The trial court is not required to apply the employee training, disciplinary, supervisory, and evaluation procedures of the trial court to any independent contractor.
(d)Only a registered and certified
interpreter may be hired by a trial court as an employee to perform spoken language interpretation of trial court proceedings, except for relay interpreting as described herein. An interpreter who is not certified or registered may be assigned to provide services as an independent contractor only when a certified and registered interpreter is unavailable and the good cause and qualification procedures and guidelines adopted by the Judicial Council pursuant to subdivision (c) of Section 68561 have been followed. If interpretation can be provided through relay interpreting, trial courts may hire a registered or nonregistered relay interpreter as an employee only if the trial court has employed an interpreter of the same second language pair. Unless the judicial officer determines there is a necessity, an interpreter who is not certified in Spanish shall not be assigned to provide services as an independent contractor in Spanish for more than 45 court days or parts of court days within a calendar year, and, for
other languages, no more than 75 court days or parts of court days within a calendar year.
(e)A trial court that has appointed independent contractors pursuant to paragraph (1) of subdivision (b) or to subdivision (c) for a language pair on more than 60 court days or parts of court days in the prior 180 days shall provide public notice that the court is accepting applications for the position of intermittent, part-time interpreter for that language pair and shall offer employment to qualified applicants.
(f)Unless the parties to the dispute agree upon other procedures after the dispute arises, or other procedures are provided in a memorandum of understanding or agreement with a recognized employee organization, disputes concerning a violation of this section shall be submitted for binding arbitration to the California State Mediation and Conciliation Service.
(g)This section shall become operative on January 1, 2025.
Repealed (in Sec. 5) and added by Stats. 2023, Ch. 556, Sec. 6. (AB 1032) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.
(a)In each trial court, there shall be an employee classification entitled “intermittent, part-time interpreter” to perform simultaneous and consecutive interpretation and sight translation in spoken languages for the trial courts. Unless otherwise provided in a memorandum of understanding or agreement with a recognized employee organization, all of the following applies to employees in this classification:
(1)They shall be appointed by the trial court to perform work on an as needed basis.
(2)They shall be paid on a per diem basis for work performed.
(3)They are not required to receive health, pension, or paid
leave benefits.
(b)Intermittent, part-time interpreters may accept appointments to provide services in other trial courts pursuant to Section 71810.
(c)A trial court may hire registered or nonregistered interpreters as employees to perform relay interpretation.
(d)Unless otherwise provided in a memorandum of understanding or agreement with a recognized employee organization, no rules and regulations or personnel rules shall limit the number of hours or days intermittent, part-time interpreters are permitted to work.
(e)This section shall become operative on January 1, 2025.
Repealed (in Sec. 8) and added by Stats. 2023, Ch. 556, Sec. 9. (AB 1032) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.
(a)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.
(b)This section shall become operative on January 1, 2025.
Repealed (in Sec. 11) and added by Stats. 2023, Ch. 556, Sec. 12. (AB 1032) Effective January 1, 2024. Operative January 1, 2025, by its own provisions.
(a)Trial courts in the region may 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.
(b)For purposes of hiring interpreters for full-time or part-time positions, unless otherwise provided in a memorandum of understanding or agreement with a recognized employee organization, trial courts shall consider applicants, who shall be eligible for full-time or part-time positions, in the following order of priority:
(1)Intermittent, part-time interpreters in the same language who have performed work for that trial court for at
least 150 court days or parts of court days during any calendar year, including time spent performing work for the trial court as an independent contractor.
(2)Intermittent, part-time interpreters in the same language who have performed work for that trial court for at least 60 court days or parts of court days during any calendar year, including time spent performing work for the trial court as an independent contractor.
(3)Other applicants.
(c)A trial court may not reject an applicant in favor of an applicant with lower priority except for cause.
(d)For purposes of this section, “for cause” means a fair and honest cause or reason regulated by good faith on the part of the party exercising the power.
(e)Applicants may be required to provide sufficient documentation to establish that they are entitled to priority in hiring. Trial courts shall make their records of past assignments available to interpreters for the purpose of obtaining that documentation.
(f)Unless the parties to a dispute agree upon other procedures after the dispute arises, or other procedures are provided in a memorandum of understanding or agreement with a recognized employee organization, disputes about whether this section has been violated shall be resolved by binding arbitration through the California State Mediation and Conciliation Service.
(g)This section shall become operative on January 1, 2025.
Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.
(a)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 follows:
(1)Region 1: Los Angeles, Santa Barbara, and San Luis Obispo Counties.
(2)Region 2: Counties of the First and Sixth Appellate Districts, except Solano County.
(3)Region 3: Counties of the Third and Fifth Appellate Districts.
(4)Region 4: Counties of the Fourth Appellate District.
(b)The Judicial Council shall adopt 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.
(c)The Judicial Council may divide each region into smaller subregions for purposes of coordinating the cross-assignment of court interpreters.
Amended by Stats. 2025, Ch. 277, Sec. 1. (AB 792) Effective January 1, 2026.
(a)The regional court interpreter employment relations committee shall set terms and conditions of employment for court interpreters within the region, including, but not limited to, hourly rates of pay, subject to meet and confer in good faith. These terms and conditions of employment, when adopted by the regional committee, shall be binding on the trial courts within the region. Hourly rates of pay shall be uniform throughout the region. Unless otherwise provided in a memorandum of understanding or agreement with a recognized employee organization, other terms and conditions of employment shall be uniform throughout the region, except that health and welfare and pension benefits may be the same as those provided to other employees of the same trial court.
(b)Trial courts may set additional local compensation, subject to meet and confer in good faith between the trial court and the recognized employee organization. An agreement establishing local compensation shall be between the trial court and the recognized employee organization, and shall not modify the terms of a regional memorandum of understanding or agreement between the regional court interpreter employment relations committee and the recognized employee organization.
(c)Notwithstanding subdivision (a), if more than one region is bargaining in a calendar year, a recognized employee organization is authorized to request a multiregional bargaining. This request
is subject to the mutual consent of the recognized employee organization and the regional court interpreter employment relations committee.
Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.
The regional court interpreter employment relations committee shall 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 shall be considered a binding agreement with each trial court within the region.
Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.
(a)A court interpreter pro tempore employed by a trial court may accept appointments to provide services to other trial courts.
(b)The Judicial Council shall adopt procedures to facilitate the efficient cross-assignment of court interpreters.
(c)Based on an assessment of interpreter use and current practices, trial courts may create new employee positions for court interpreters to perform spoken language interpretation for the trial courts in classifications other than court interpreter pro tempore. Some of these positions may include, as part of the duties of the position, the requirement that the interpreter accept cross-assignments, as defined in Section 71801, under procedures adopted by the Judicial Council, and some positions may make the acceptance of cross-assignments optional. Court interpreters pro tempore, and other interpreters who have not accepted employment in a position requiring the interpreter to accept cross-assignments, may not be disciplined for declining a cross-assignment.
(d)The impact of cross-assignments shall be included within the scope of representation as those matters affect wages, hours, and terms and conditions of employment of court interpreters. The regional court interpreter employment relations committee shall be required to meet and confer in good faith with respect to that impact.
(e)A court interpreter on cross-assignment shall be 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.
(f)Court interpreters on cross-assignment shall be reimbursed for mileage and other travel expenses at the same rates as other judicial branch employees.
Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.
Except as provided in this chapter, or by a memorandum of understanding or agreement with a recognized employee organization, court interpreters who are employed by a trial court shall be subject to the same personnel rules as other employees of the trial court, subject to meet and confer in good faith.
Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.
Except as provided in this chapter, or by a memorandum of understanding or agreement with a recognized employee organization, 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.
Amended by Stats. 2023, Ch. 556, Sec. 15. (AB 1032) Effective January 1, 2024.
(a)Court interpreters employed by the trial courts shall be permitted to engage in outside employment or enterprises, except where that activity would violate the professional conduct requirements set forth in Rule 2.893 of the California Rules of Court, would interfere with the employee’s performance of their duties for the trial courts, or would be incompatible, inconsistent, or in conflict
with the duties performed by the employee for the trial courts.
(b)Unless the parties consent, an interpreter may not be appointed by the trial court to interpret in a proceeding after having previously interpreted on behalf of one of the parties, rather than on behalf of the court, in that same matter. An interpreter shall disclose that type of prior involvement to the trial court.
(c)An interpreter employed by a trial court is prohibited from doing any of the following:
(1)Receiving or accepting, directly or indirectly, a gift, including money, service, gratuity, favor, entertainment, hospitality, loan, or any other thing of value from anyone who is doing or seeking to do business of any kind with the trial court or whose activities are regulated or controlled in any way by the trial court, under circumstances
from which it reasonably could be inferred that the gift was intended to influence the employee in the performance of
their official duties or was intended as a reward for official action of the employee.
(2)Using confidential information acquired by virtue of trial court employment for the employee’s private gain or advantage, or for the private gain or advantage of another, or to the employer’s detriment.
(3)Using trial court facilities, equipment, or supplies for personal gain or advantage or for the private gain or advantage of another.
(4)Using the prestige or influence of trial court office or employment for personal gain or advantage or advantage of another.
(5)Using the trial court’s electronic mail facilities to communicate or promote personal causes or gain.
Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.
Except as otherwise provided by statute, court interpreters employed by the trial courts shall 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 shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the trial courts.
Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.
(a)Notwithstanding any other provision of law, rule, or regulation, an agency shop agreement may be negotiated between a regional court interpreter employment relations committee and a recognized employee organization. As used in this chapter, “agency shop” means an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of that organization for the duration of the agreement or for a period of three years from the effective date of the agreement, whichever comes first. However, any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting recognized employee organizations may not be required to join or financially support any recognized employee organization as a condition of employment. That employee may be required, in lieu of periodic dues, initiation fees, or agency shop fees to pay sums equal to those dues, initiation fees, or agency shop fees to a nonreligious, nonlabor charitable organization fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three funds, designated in a memorandum of understanding or agreement between the regional committee and the recognized employee organization, or if the memorandum of understanding or agreement fails to designate any funds, then to any fund chosen by the employee. Proof of those payments shall be made on a monthly basis to the trial court as a condition of continued exemption from the requirement of financial support to the recognized employee organization.
(b)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:
(1)A request for the vote is supported by a petition containing the signatures of at least 30 percent of the employees in the unit.
(2)The vote is by secret ballot.
(3)The vote is taken at any time during the term of the memorandum of understanding or agreement. No more than one vote may be taken during that term.
(c)In addition to the procedure prescribed in subdivision (a), an agency shop arrangement between the regional court interpreter employment relations committee and a recognized employee organization or recognized employee organizations shall be placed in effect upon (1) a signed petition of at least 30 percent of the employees in the applicable bargaining unit requesting an agency shop agreement and an election to implement an agency fee arrangement, and (2) the approval of a majority of employees who cast ballots and vote in a secret ballot election in favor of the agency shop agreement. An election under this subdivision may not be held more frequently than once a year, and shall be conducted by the Division of Conciliation of the Department of Industrial Relations in the event the regional court interpreter employment relations committee and the recognized employee organization cannot agree within 10 days from the filing of a petition to select jointly a neutral person or entity to conduct the election. The recognized employee organization shall hold the regional court interpreter employment relations committee and the trial courts harmless and defend and indemnify the regional court interpreter employment relations committee and trial courts regarding the application of any agency shop requirements or provisions, including, but not limited to, improper deduction of fees, maintenance of records, and improper reporting.
(d)Notwithstanding subdivisions (a), (b), and (c), the regional court interpreter employment relations committee and the recognized employee organization may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on any agency shop agreement.
(e)An agency shop agreement may not apply to management, confidential, or supervisory employees.
(f)Every recognized employee organization that has agreed to an agency shop provision, or is a party to an agency shop arrangement, shall keep an adequate itemized record of its financial transactions and shall make available annually, to the regional court interpreter employment relations committee with which the agency shop provision was negotiated, and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. An employee organization required to file financial reports under the federal Labor-Management Reporting and Disclosure Act of 1959 (Griffin-Landrum Act), covering employees governed by this chapter or required to file financial reports under Section 3546.5, may satisfy the financial reporting requirement of this section by providing the trial court with a copy of those financial reports.
Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.
A recognized employee organization shall 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. Nothing in this chapter shall prohibit any employee from appearing on his or her own behalf regarding employment relations.
Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.
(a)The scope of representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, 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.
(b)In view of the unique and special responsibilities of the trial courts in the administration of justice, decisions regarding any of the following matters may not be included within the scope of representation:
(1)The merits and administration of the trial court system.
(2)Coordination, consolidation, and merger of trial courts and support staff.
(3)Automation, including, but not limited to, fax filing, electronic recording, and implementation of information systems.
(4)Design, construction, and location of court facilities.
(5)Delivery of court services.
(6)Hours of operation of the trial courts and trial court system.
(c)The impact from matters in subdivision (b) shall be included within the scope of representation as those matters affect wages, hours, and terms and conditions of employment of court interpreters. The regional court interpreter employment relations committee shall be required to meet and confer in good faith with respect to that impact.
(d)The trial courts have the right to determine assignments and transfers of court interpreters, provided that the process, procedures, and criteria for assignments and transfers are included within the scope of representation.
Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.
(a)Except in cases of emergency, as provided in this section, the regional court interpreter employment relations committee shall 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, and shall give that recognized employee organization the opportunity to meet with the committee.
(b)In cases of emergency when the regional court interpreter employment relations committee determines that any rule, policy, or procedure must be adopted immediately without prior notice or meeting with a recognized employee organization, the regional court interpreter employment relations committee shall provide a notice and opportunity to meet at the earliest practicable time following the adoption of the rule, policy, or procedure.
Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.
The regional court interpreter employment relations committee, or those representatives as it may designate, shall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment within the scope of representation, as defined in this chapter, with representatives of the recognized employee organizations, and shall consider fully the presentations that are made by the recognized employee organization on behalf of its members prior to arriving at a determination of policy or course of action.
Added by Stats. 2002, Ch. 1047, Sec. 2. Effective January 1, 2003.
If agreement is reached by the representatives of the regional court interpreter employment relations committee and a recognized employee organization, they shall 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.
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