2010 Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 5 - Civil Procedure Generally
Chapter 64 - Trial And Verdict
§ 16-64-112 - Interpreters for the deaf.

16-64-112. Interpreters for the deaf.

(a) For the purpose of appointing an interpreter for a deaf person under 16-64-111:

(1) (A) "Qualified interpreter" means an interpreter certified by the National Registry of Interpreters for the Deaf, Arkansas Registry of Interpreters for the Deaf, or, in the event an interpreter so certified is not available, an interpreter who is otherwise qualified.

(B) (i) Efforts to obtain the services of a qualified interpreter certified with a Legal Skills Certificate or a Comprehensive Skills Certificate will be made prior to accepting services of an interpreter with lesser certification.

(ii) No qualified interpreter shall be appointed unless the appointing authority and the deaf person make a preliminary determination that the interpreter is able to readily communicate with the deaf person and is able to accurately interpret the statements of the deaf person and interpret the proceedings in which a deaf person may be involved.

(iii) Every deaf person entitled to an interpreter under 16-64-111 shall be entitled to a qualified interpreter as defined by this subsection.

(2) (A) "Oral interpreter" means a person who interprets language through facial and lip movements only and who does not use manual communication.

(B) (i) An oral interpreter shall be provided upon the request of a deaf person who does not communicate in sign language.

(ii) The right of a deaf person to an interpreter may not be waived except by a deaf person who does not use sign language and who initiates the request for waiver in writing. The waiver is subject to approval of counsel, if existent, to that deaf person and is subject to approval of the appointing authority.

(b) Every deaf person whose appearance before a proceeding entitles him or her to an interpreter should notify the appointing authority of his or her need prior to any appearance and should request at that time the services of an interpreter. Where a deaf person reasonably expects the need for an interpreter to be for a period greater than a single day, he or she should notify the appointing authority and such notification shall be sufficient for the duration of his or her participation in the proceedings.

(c) An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of his deafness when the appointing authority has reason to believe that the person is not deaf.

(d) It shall be the responsibility of the appointing authority to channel requests for qualified interpreters through:

(1) (A) The Arkansas Registry of Interpreters for the Deaf;

(B) The Department of Health and Human Services; or

(C) The University of Arkansas at Little Rock Interpreter Training Program; or

(2) In the alternative, any community resource wherein the appointing authority or the deaf person is knowledgeable that such qualified interpreters can be found.

(e) Before a qualified interpreter participates in any proceedings subsequent to an appointment under the provisions of this section, the interpreter shall make an oath or affirmation that the interpreter will make a true interpretation in an understandable manner to the deaf person for whom he or she is appointed and that such interpreter will interpret the statements of the deaf person desiring that statements be made, in the English language to the best of such interpreter's skill and judgment.

(f) The appointing authority shall provide recess periods as necessary for the interpreter when the interpreter so indicates.

(g) Any and all information that the interpreter gathers, learns from, or relays to the deaf person or person who is unable to communicate in English pertaining to any administrative, civil, or criminal proceeding shall at all times remain confidential and privileged, on an equal basis with the attorney-client privilege, unless such deaf person or person who is unable to communicate in English desires that such information be communicated to other persons.

(h) An interpreter appointed under the provisions of this section shall be entitled to a reasonable fee for his or her services. The fee shall be in accordance with standards established by the Arkansas Registry of Interpreters for the Deaf, in addition to actual expenses for travel and transportation. When the interpreter is appointed by a court, the fee shall be paid out of general county funds and, when the interpreter is otherwise appointed, the fee shall be paid out of funds available to the appointing authority.