CHAPTER 28-33
INTERPRETERS FOR DEAF PERSONS
28-33-01. Definitions. In this chapter, unless the context or subject matter otherwise
requires:
1.
"Appointing authority" means the presiding judge of any court, the chairman of any<br>board, commission, or authority, and the director or commissioner of any<br>department or agency before which a qualified interpreter is required pursuant to this<br>chapter.
2.
"Deaf person" means any person whose hearing is totally impaired or whose hearing<br>is so seriously impaired as to prohibit the person from understanding voice<br>communication, or the English language including, but not limited to, a person who<br>is deaf, mute, deaf-mute, or deaf-blind.
3.
"Principal party in interest" means a person in any proceeding in which that person is<br>a named party or a person with respect to whom the decision or action which may<br>be taken in any proceeding directly affects.
4.
"Qualified interpreter" means an interpreter certified by the national registry of<br>interpreters for the deaf or North Dakota association for the deaf, or an interpreter<br>who has been approved by the superintendent of the school for the deaf, or, in the<br>event such an interpreter is not available, any other interpreter whose actual<br>qualifications have otherwise been appropriately determined.
28-33-02. Interpreter required.
1.
At all stages of any judicial or administrative proceedings in which a deaf person is a<br>principal party in interest, the appointing authority shall appoint a qualified interpreter<br>to interpret or to translate the proceedings to the deaf person and to interpret or<br>translate the person's testimony.
2.
Immediately after a deaf person is arrested for any alleged violation of criminal law<br>and penalty may include imprisonment or a fine in excess of one hundred dollars, or<br>both, an interpreter must be appointed.
No attempt to interrogate or take a
statement from such person may be permitted until a qualified interpreter is<br>appointed for the deaf person and then only through the use of the interpreter.
3.
Whenever any deaf person is a party to any proceedings involving, or is receiving<br>any services from, any agency under the authority of the state or any political<br>subdivision, the agency shall inform the deaf person of that person's right to a<br>qualified interpreter to interpret or translate the action of any personnel providing<br>such service and to assist the deaf person in communicating with each other person.<br>The interpreter must be appointed, at the expense of the agency, upon the request<br>of the deaf person or the deaf person's parent or guardian, if the deaf person is a<br>minor.
28-33-03. Proof of disability. An appointing authority may require a person requesting
the appointment of an interpreter to furnish reasonable proof of the person's disability when the<br>appointing authority has reason to believe that the person is not so disabled. In no event is a<br>failure of a party or witness to request an interpreter to be deemed a waiver of the right.
28-33-04. Oath of interpreter. Every interpreter appointed pursuant to the provisions of
this chapter shall take an oath that the interpreter will make a true interpretation in an<br>understandable manner to the person for whom the interpreter is appointed and that the<br>interpreter will repeat the statements of such person in the English language to the best of the<br>interpreter's skill and judgment.
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28-33-05.
Compensation.
An interpreter appointed under this chapter must be
compensated by the appointing authority at a reasonable rate determined by the authority,<br>including travel expenses.
This section does not prevent any state department, board,
commission, agency, or licensing authority or any political subdivision of the state from<br>employing an interpreter on a full-time basis or under contract.
28-33-06.
Privileged communications.
Whenever a deaf person communicates
through an interpreter to any person under such circumstances that the communication would be<br>privileged and the deaf person could not be compelled to testify as to the communications, the<br>privilege applies to the interpreter as well.
28-33-07. Visual recording. In any judicial proceeding, the appointing authority, on the
appointing authority's own motion or on the motion of a party to the proceedings, may order that<br>the testimony of the deaf person and the interpretation thereof be visually recorded for use in<br>verification of the official transcript of the proceedings.
28-33-08. Coordination of interpreter requests.
1.
Whenever an appointing authority receives a valid request for the services of an<br>interpreter or on the appointing authority's own motion, the authority shall request<br>the superintendent of the school for the deaf to furnish the authority with a list of<br>sources of qualified interpreters at the time and place specified by the authority.
2.
When requested by an appointing authority to provide assistance in providing an<br>interpreter, the national registry of interpreters for the deaf or the North Dakota<br>association of the deaf or the superintendent of the North Dakota school for the deaf<br>shall supply a list of sources and do everything necessary to assist the appointing<br>authority in obtaining a qualified interpreter; providing, however, if the choice of<br>qualified interpreter does not meet the needs of the deaf person, the appointing<br>authority shall appoint another qualified interpreter.
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Document Outline
chapter 28-33 interpreters for deaf persons
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