Regulations on Interpreting Services in the Courts - Scope of Application

1. This regulation applies to all oral and written translation assignments (hereinafter: interpreting) commissioned by the courts of the Canton of Basel-Stadt.

2. It also applies to the employees of legal entities who undertake translation assignments.

**1. Directory of Court Interpreters**

The directory of court interpreters is used by the courts, appellate commissions, and conciliation bodies of the Canton of Basel-Stadt to select suitable individuals for interpreting assignments.

**2. Inclusion in the Directory**

Inclusion in the directory of court interpreters does not establish any contractual relationship and does not confer any right to be assigned, nor any obligation to accept assignments.

**3. Use of Non-listed Interpreters**

If necessary, interpreters who are not listed in the directory may also be employed.

1. The Register of Court Interpreters contains the following types of personal data

a) Personal details,

b) Language proficiency,

c) Information on accessibility and availability,

d) Special notes regarding the possible applications,

e) Consent of the individual concerned regarding the disclosure of their contact information upon requests from attorneys,

f) Education, professional qualifications, and current professional activity.

1. Admission to the register of court interpreters requires that the applicant

a) has at least oral proficiency in the High German language,

b) has at least oral proficiency in a foreign language,

c) can translate accurately, completely, and promptly, either orally or in writing.

2. In terms of professional qualification, it is also required that the applicant has successfully completed the "Public and Court Interpreting" admission course and its subsequent examination, or holds an equivalent qualification.

3. In terms of personal qualification, it is required that the applicant

a) has legal capacity,

b) has a good reputation, particularly with regard to criminal records,

c) can ensure independent fulfillment of tasks and correct behavior.

4. Finally, admission requires that there is a demand for the translation services offered. Even if suitable, there is no entitlement to admission.

1. The following authorities have the right to access the directory of court interpreters

a) * Contracting authorities of the courts, appeal commissions, and conciliation offices of the Canton of Basel-Stadt in accordance with the data specified in § 3 paragraph 1 letters a - e,

b) the decentralized and central personnel service[2] for the entire directory,

c) the registered person concerning their own entry.

1. The Register of Court Interpreters is maintained by the Court of Appeals.

2. The details of the admission procedure, the admission course, and the management of the register are determined by a specialist committee, which includes one representative each from the Court of Appeals, the Social Security Court, the Criminal Court, and the Civil Court, as well as one representative each from the Diversity and Integration Office and the Human Resources Department of the Presidential Office. The representative of the Criminal Court also represents the interests of the Juvenile Court, and the representative of the Court of Appeals represents those of the Court for Protective Custody.

3. A fee is charged for participating in the course, including the examination. This fee ranges between CHF 400 and CHF 600, and is based on the costs invoiced to the Court of Appeals by the external course provider.

1. The Chief Court Clerk of the Appellate Court may refuse to admit interpreters who no longer meet the professional or personal requirements according to § 4 of these regulations to the directory of court interpreters or may have them removed from it, after a prior hearing. This decision is subject to appeal to the Administrative Court.

1. The court interpreters sign the agreement concerning translation activities upon being admitted to the court interpreters' register. The specific assignment as an interpreter occurs when the interpreter accepts a specific court assignment for a job.

2. The provisions of the Code of Obligations regarding simple mandates apply mutatis mutandis, insofar as this regulation does not contain a special provision.

1. Court interpreters convey statements and texts completely and as verbatim as possible in direct speech. They refrain from any personal interpretation and partisanship.

2. Court interpreters are obliged to truthful translation (Art. 307 of the Swiss Criminal Code, SCC) and to maintain official secrecy (Art. 320 SCC). They must execute their mandate personally. Delegation to third parties is only permissible with the prior consent of the commissioning court.

3. Court interpreters must inform the commissioning court without being prompted if there are reasons for exclusion, rejection, or withdrawal according to the relevant procedural rules or procedural laws, or if such reasons could newly arise.

4. Court interpreters must report any personal status changes affecting them to the personnel service of the Presidential Department.

1. The compensation for translation assignments is determined by the guidelines concerning compensation for translation services within the administration and courts of the Canton of Basel-Stadt dated May 13, 2003.

2. If an interpreter assignment is canceled by a court at least 24 hours before the assignment begins, no compensation is owed. In case of later cancellation or premature dismissal of the interpreter from the assignment, compensation is owed for the agreed duration of the assignment, however,

a) a maximum of 4 hours if the cancellation occurs at least 12 hours before the interpreter assignment begins,

b) a maximum of 6 hours if the cancellation occurs less than 12 hours before the interpreter assignment begins, as well as in cases of premature dismissal from the assignment.

3. In multi-day negotiations, additional compensation may be awarded on an equitable basis in case of short-term cancellation or reduction of the interpreter assignment.

4. A flat-rate travel compensation equivalent to half an hour is provided per assignment. If the travel distance exceeds 50 km, 2/3 of the travel time is reimbursed as an expense, in addition to a travel expenses compensation.

4bis. If preparation of negotiations by the court interpreters is required, a flat-rate compensation for half an hour is provided. In very demanding cases, this is correspondingly increased.

5. Individual agreements in specific cases are reserved.

6. Payment is made monthly based on the assignment records submitted by the interpreters and confirmed by the commissioning courts, charged to the commissioning courts.

7. For their activities on behalf of judicial authorities, court interpreters are considered employees under social security law, unless they can prove that they have been recognized as self-employed by the competent compensation office.

1. Interpreters who were already working as court interpreters before the Regulations for the Courts of the Canton of Basel-Stadt came into effect on March 16, 2015, will be included in the new register of court interpreters, provided they participated in the survey on August 18, 2014, regarding the transfer of all interpreters working in the courts of the Canton of Basel-Stadt into a central register.

2. Interpreters listed in the register of court interpreters without successful completion of the "Authorities and Court Interpreting" admission course and the subsequent examination will be removed from the register if they do not successfully complete the admission course and the subsequent examination by December 31, 2024. Exceptions are the registered interpreters who have successfully completed the Basel-Stadt introductory course and the subsequent examination.