2020 New York Laws
JUD - Judiciary
Article 12 - Interpreters
390 - Equal Access to Court Proceedings for Deaf or Hard of Hearing Person.

§  390.  Equal access to court proceedings for deaf or hard of hearing
person. 1. Whenever any deaf or hard of hearing person is a party  to  a
legal  proceeding  of  any  nature, or a witness or juror or prospective
juror therein, the court in all  instances  shall  appoint  a  qualified
interpreter  who is certified by a recognized national or New York state
credentialing authority as approved by the chief  administrator  of  the
courts  to  interpret the proceeding to, and the testimony of, such deaf
or hard of hearing person; provided, however, where compliance with this
section would cause unreasonable delay in court proceedings,  the  court
shall  be  authorized  to  temporarily  appoint  an  interpreter  who is
otherwise qualified to interpret the proceedings to, and  the  testimony
of, such deaf or hard of hearing person until a certified interpreter is
available.  In  any  criminal  action in a state-funded court, the court
shall also appoint such an interpreter to interpret the proceedings to a
deaf or hard of hearing person who is the victim of  the  crime  or  may
appoint  such interpreter for the deaf or hard of hearing members of the
immediate family (parent or spouse)  of  a  victim  of  the  crime  when
specifically requested to do so by such victim or family member. The fee
for  all  such interpreting services shall be a charge upon the state at
rates of compensation established by rule of  the  chief  administrator;
except  that  where such interpreting services are rendered in a justice
court, the fee therefor shall be paid as provided by law  in  effect  on
July first, nineteen hundred ninety-one.
  2.  (a)  Notwithstanding  the  provisions  of  subdivision one of this
section, a court may, upon request of a deaf or hard of  hearing  person
or  upon  its  own  motion,  and in lieu of appointing an interpreter as
otherwise  required  in  such  subdivision  one,  provide  an  assistive
listening  device,  a  stenographer who can furnish communication access
real-time translation or any other appropriate auxiliary aid or service.
  (b) For purposes of this subdivision, the following terms  shall  have
the following meanings:
  (i)  "Stenographer" means any individual who fulfills the requirements
of section two hundred ninety-one of this chapter.
  (ii) "Communication access real-time  translation  (CART)"  means  the
instantaneous translation of everything that is spoken in the court room
via  a  real-time  feed,  which  by means of software converts shorthand
transcription  into  real-time  captioning  immediately  which  can   be
displayed on a computer or monitor.