2006 Code of Virginia § 37.2-802 - Interpreters in admission or certification proceedings

37.2-802. Interpreters in admission or certification proceedings.

A. In any proceeding pursuant to 37.2-806 or 37.2-809 through 37.2-820in which a person who is deaf is alleged to have mental retardation or mentalillness, an interpreter for the person shall be appointed by the districtcourt judge or special justice before whom the proceeding is pending from alist of qualified interpreters provided by the Department for the Deaf andHard-of-Hearing. The interpreter shall be compensated as provided for in 37.2-804.

B. In any proceeding pursuant to 37.2-806 or 37.2-809 through 37.2-820in which a non-English-speaking person is alleged to have mental retardationor mental illness or is a witness in such proceeding, an interpreter for theperson shall be appointed by the district court judge or special justice, orin the case of 37.2-809 through 37.2-813 a magistrate, before whom theproceeding is pending. Failure to appoint an interpreter when an interpreteris not reasonably available or when the person's level of English fluencycannot be determined shall not be a basis to dismiss the petition or void theorder entered at the proceeding. The compensation for the interpreter shallbe fixed by the court in accordance with the guidelines set by the JudicialCouncil of Virginia and shall be paid out of the state treasury.

(1976, c. 671, 37.1-67.5; 1979, c. 204; 2004, c. 243, 37.1-67.5:01; 2005,c. 716.)