Section 71806 Of Chapter 7.5. Trial Court Interpreter Employment And Labor Relations Act From California Government Code >> Title 8. >> Chapter 7.5.
71806
. (a) At the conclusion of the regional transition period,
trial courts in the region may employ certified and registered
interpreters to perform spoken language interpretation for the trial
courts in full-time or part-time court interpreter positions created
by the trial courts with the authorization of the regional committee
and subject to meet and confer in good faith. The courts may also
continue to employ court interpreters pro tempore.
(b) For purposes of hiring interpreters for positions other than
court interpreters pro tempore, unless otherwise provided in a
memorandum of understanding or agreement with a recognized employee
organization, trial courts shall consider applicants in the following
order of priority:
(1) Court interpreters pro tempore in the same language who have
performed work for that trial court for at least 150 court days or
parts of court days during each of the past five years, including
time spent performing work for the trial court as an independent
contractor.
(2) Court interpreters pro tempore in the same language who have
performed work for that trial court for at least 60 court days or
parts of court days in each of the past five years, including time
spent performing work for the trial court as an independent
contractor.
(3) Court interpreters pro tempore in the same language who have
performed work for that trial court for at least 60 court days or
parts of court days in at least two of the past four years, including
time spent as an independent contractor.
(4) 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 purposes 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) Subdivision (b) shall become inoperative on January 1, 2007,
unless otherwise provided by a memorandum of understanding or
agreement with a recognized employee organization, and on and after
that time hiring shall be in accordance with the personnel rules of
the trial court.