To Opt In or To Opt Out?
by Mary Lou Aranguren

About 275 interpreters statewide sent opt out letters to the Judicial Council by the March 1, 2003 deadline. This number includes some interpeters who are retired or who very rarely work in the courts. Under the law, interpreters eligible to opt out based on age (or age plus years of service) can continue working as independent contractors without restriction. It is not likely that the opt-out date will be extended through clean-up legislation in time to allow additional interpreters to opt out.

If you opted out of employment, you can also revoke that decision before July 1, 2003 by applying for a position as a pro tempore employee. After July 1, 2003, interpreters who opted out may still be hired as pro tempore employees, but they will no longer be entitled to a position based on work performed in 2001 and 2002.

Many interpreters have contacted us to ask how they should make their decision. There are many factors to consider. First, we encourage everyone to speak to a tax and/or financial advisor to evaluate the pros and cons of employee status in their particular situation.

Another factor is priority for work. At the court's discretion, opt-out contractors can be given the same priority for assignments as pro tempore employees. However pro tempore employees will have priority over opt-out contractors for hiring into permanent positions as they are created.

If you expect to work only a couple more years in the courts before you retire, opting out may be the best alternative. If however, you would like to continue working for the courts for an indefinite number of years, it is worthwhile to consider that as a pro tem employee, you will be entitled to participate in the bargaining process and have access to a grievance procedure. You will have a voice and a vote in determining what our working conditions, benefits, wages and job description will be.

While opt-out contractors and pro tempore employees both have priority for assignments over other independent contractors, pro tempore employees will be able to negotiate a contract that protects them. When you opt out, you are opting out of employee status and the protections and legal standing inherent therein.

If you do not qualify to opt out, then a pro tempore position has clear advantages, most notably higher priority for assignments than if you remain an independent contractor and priority for hiring into permanent positions.

Here are answers to some frequently asked questions:

Q: How do I know if I'm eligible to opt out of employment?
A: To opt out of employment, a court interpreter must fit one of the following categories:

Q: How do I calculate my years of experience with the trial courts under
2b. above?
A: The language of the statutue is: 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 greater than or equal to 70.

Count any year or portion of a year that you provided services to the trial courts as a certified or registered interpreter. This means work in criminal, juvenile and some limited civil cases where the court is responsible for providing an interpreter and arranges for the services, either directly or through an agency. Work for other state or federal agencies, for civil clients, or in the private sector does not count. It also does not include the year an interpreter applied for work if the interpreter was not actually hired for at least one day to provide services that year and in each subsequent year.

Q: If I worked in criminal and juvenile cases but the court hired me through an agency does that count toward eligibility to opt out and/or to qualify for a pro tem position?
A: Yes. Based on our consultation with counsel, we interpret the language
in the statute to include work an interpreter provided to the court through an agency. If you were hired through an agency to provide services to the court (rather than to one of the parties) this work should count even though you were not paid directly by the court. If you believe a court has not counted days you worked through an agency, please contact us.