NCJ Number
76563
Date Published
1981
Length
49 pages
Annotation
Special problems of the deaf person in court are identified, and the use of sign language interpreters in judicial proceedings is discussed.
Abstract
The first portion of the booklet discusses the characteristics of the deaf population in the United States, the modes of communication used by deaf people, and the problems faced by hearing and deaf people when they attempt to communicate with each other. Sign language interpretation is also considered. The second half of the booklet surveys Federal and State laws regarding the use of sign language interpreters in judicial proceedings. Federal case law now recognizes a constitutional right to a paid interpreter for an indigent criminal defendant who has difficulty with English. The Court Interpreters Act applies to a party or witness who is non-English speaking or hearing impaired. Neither the act nor the Federal rules require the appointment of an interpreter at public expense for a civil party who is deaf and indigent. In 1973, Congress passed legislation that provides a basis upon which a deaf participant in a State or local court proceeding may assert his/her right to be provided an interpreter at government expense. California law on the provision and use of interpreters is similar to Federal law, but provides more guidance to the courts. Among other statutes of note are section 937 of the penal code and section 264 of the code of civil procedure. Section 937 provides that a grand jury or district attorney may require by subpoena the attendance of an interpreter, who may be present at the examination of a grand jury witness. Section 264 speaks to the competency of interpreters. It allows the judges of each superior, municipal, and justice court to adopt rules designed to ensure, by requiring an examination or by other suitable means, the competency of interpreters. A total of 28 notes and list of 24 suggested readings are provided.