Court and Interpreters

[DGirl101]

I was told today by my boyfriend that he had a conversation with someone at the courthouse a while back. They had told him that in emergency situations, they would find someone. "The next best thing" and use them as interpreters for Deaf or Hard of Hearing people.

Keep in mind this is in an emergency situation. Not a 'let them know 3 days before' or such, more like it's 3 am in the morning and next thing you know your in jail or in the hospital or getting arraigned.

I was under the assumption that it is required by medical facilities, and courthouses and police stations to have a Certified Sign Language Interpreter and not someone that is not certified and 'knows' some signs.

We got into a debate over this...

He said that is what they did with me tried to find someone that knew a little sign language for me.


If you answer can you please provide the source? I need it to present to the court house, the medical facility, and the police station.

I see no reason why they cannot have someone on stand by that is certified.

 

[Lighthouse77]

When I was in court, my husband tried to speak for me, The judge told him that he could not do this because he is not a lawyer so can't represent for me, nor is a licensed interpreter.

When I told them I was HOH, They still said he couldn't do it. but they didn't provide me an interpreter because I didn't notify them ahead of time.

they provided me a capition thingy on my the next court date. Of course I told my lawyer and so he made sure they provided one. my husband had to call the courthouse ahead of time by our lawyer's advice.

 

[Glenn]

My former lawyer has successfully brought cases against courts for not providing appropriate access for his deaf client.

 

[jinxedkitten]

I accompanied my friend to court about a couple weeks ago, we requested an interpreter but she adjusted her glasses and peered at me. "If you're signing and speaking for your friend, why don't YOU do it?"

I was shocked, I told her I was HOH and mainly read lips. She shrugged and informed me that the judge will be close enough for lipreading.

Jeez.. my friend gave me a baffled look but simply shrugged and nodded eagerly at the idea of a familiar companion, so I had no other choice but to oblige (I'm such a good pal :P) the appointment is tomorrow at 8:30 am, and I will definitely have to whip out my hearing aids!

If courts (in CA) ARE required to provide interpreters, then I am curious to investigate into this matter

 

[Jiro]

I accompanied my friend to court about a couple weeks ago, we requested an interpreter but she adjusted her glasses and peered at me. "If you're signing and speaking for your friend, why don't YOU do it?"

I was shocked, I told her I was HOH and mainly read lips. She shrugged and informed me that the judge will be close enough for lipreading.

Jeez.. my friend gave me a baffled look but simply shrugged and nodded eagerly at the idea of a familiar companion, so I had no other choice but to oblige (I'm such a good pal :P) the appointment is tomorrow at 8:30 am, and I will definitely have to whip out my hearing aids!

If courts (in CA) ARE required to provide interpreters, then I am curious to investigate into this matter

yes the court is required to provide so without question (well sometimes you'll have some resistance). I requested for terp at small claim court and they complied. the defendant was no-show so I won by default

 

[Tousi]

Jinxed, yes, in CA, they gotta provide you a terp but since the appearance is tomorrow, and the first chance you get, please relay to the court what that woman told you about lipreading. I tell ya, its a slam dunk that this isn't kosher. Most of us know that, at best, comprehension via lip-reading is only around 30%. Improving on that with you using your hearing aids makes smooth communication conveyance dicey at best. Make sure the judge's ire is directed at the courthouse staff when he reschedules this hearing.

 

[posts from hell]

I was told today by my boyfriend that he had a conversation with someone at the courthouse a while back. They had told him that in emergency situations, they would find someone. "The next best thing" and use them as interpreters for Deaf or Hard of Hearing people.

Keep in mind this is in an emergency situation. Not a 'let them know 3 days before' or such, more like it's 3 am in the morning and next thing you know your in jail or in the hospital or getting arraigned.

I was under the assumption that it is required by medical facilities, and courthouses and police stations to have a Certified Sign Language Interpreter and not someone that is not certified and 'knows' some signs.

We got into a debate over this...

He said that is what they did with me tried to find someone that knew a little sign language for me.


If you answer can you please provide the source? I need it to present to the court house, the medical facility, and the police station.

I see no reason why they cannot have someone on stand by that is certified.

ADA Title II Technical Assistance Manual

Go down to "Equally Effective Communications."

The term public entity refers to anything that is public, such as city halls, courts, etc..
This is the ADA law, which covers all the state and local level government, not federal.

"Reasonable Accommodation" means if they can't get you certified interpreter, the next best thing can be used.

I accompanied my friend to court about a couple weeks ago, we requested an interpreter but she adjusted her glasses and peered at me. "If you're signing and speaking for your friend, why don't YOU do it?"

I was shocked, I told her I was HOH and mainly read lips. She shrugged and informed me that the judge will be close enough for lipreading.

Jeez.. my friend gave me a baffled look but simply shrugged and nodded eagerly at the idea of a familiar companion, so I had no other choice but to oblige (I'm such a good pal :P) the appointment is tomorrow at 8:30 am, and I will definitely have to whip out my hearing aids!

If courts (in CA) ARE required to provide interpreters, then I am curious to investigate into this matter

My word; you shouldn't be interpreting.

 

[Oddball]

I accompanied my friend to court about a couple weeks ago, we requested an interpreter but she adjusted her glasses and peered at me. "If you're signing and speaking for your friend, why don't YOU do it?"

I was shocked, I told her I was HOH and mainly read lips. She shrugged and informed me that the judge will be close enough for lipreading.

Jeez.. my friend gave me a baffled look but simply shrugged and nodded eagerly at the idea of a familiar companion, so I had no other choice but to oblige (I'm such a good pal :P) the appointment is tomorrow at 8:30 am, and I will definitely have to whip out my hearing aids!

If courts (in CA) ARE required to provide interpreters, then I am curious to investigate into this matter

You should not interpreting for your friend. Whoever told you to do interpreting is totally wrong. She should know better because if you interpret for your friend, then the case may be dismissed or postponed until a real certified interpreter with the legal expetise.

Unless you are a certified CDI with the legal expetise, you never, never interpret for any Deaf person in the court. Interpreting at any court is very complicating and serious.

 

[Reba]

I accompanied my friend to court about a couple weeks ago, we requested an interpreter but she adjusted her glasses and peered at me. "If you're signing and speaking for your friend, why don't YOU do it?"

I was shocked, I told her I was HOH and mainly read lips. She shrugged and informed me that the judge will be close enough for lipreading.

Jeez.. my friend gave me a baffled look but simply shrugged and nodded eagerly at the idea of a familiar companion, so I had no other choice but to oblige (I'm such a good pal :P) the appointment is tomorrow at 8:30 am, and I will definitely have to whip out my hearing aids!

If courts (in CA) ARE required to provide interpreters, then I am curious to investigate into this matter

I recommend your friend ask the court for a continuance until a certified legal interpreter can be scheduled.

If you "interpret" in court for your friend, there can be serious repercussions for all involved. Don't take that chance.

 

[Glenn]

I accompanied my friend to court about a couple weeks ago, we requested an interpreter but she adjusted her glasses and peered at me. "If you're signing and speaking for your friend, why don't YOU do it?"

I was shocked, I told her I was HOH and mainly read lips. She shrugged and informed me that the judge will be close enough for lipreading.

Jeez.. my friend gave me a baffled look but simply shrugged and nodded eagerly at the idea of a familiar companion, so I had no other choice but to oblige (I'm such a good pal :P) the appointment is tomorrow at 8:30 am, and I will definitely have to whip out my hearing aids!

If courts (in CA) ARE required to provide interpreters, then I am curious to investigate into this matter

That's very weak and would not hold up. Your friend is entitled to better access than that. That judge sounds very ignorant.

 

[Jiro]

That's very weak and would not hold up. Your friend is entitled to better access than that. That judge sounds very ignorant.

no it's not the judge that handles it. It was the clerk who is responsible for making such arrangement.

 

[DGirl101]

ADA Title II Technical Assistance Manual

Go down to "Equally Effective Communications."

The term public entity refers to anything that is public, such as city halls, courts, etc..
This is the ADA law, which covers all the state and local level government, not federal.

"Reasonable Accommodation" means if they can't get you certified interpreter, the next best thing can be used.



My word; you shouldn't be interpreting.

Thank you very much...

 

[somedeafdudefromPNW]

I accompanied my friend to court about a couple weeks ago, we requested an interpreter but she adjusted her glasses and peered at me. "If you're signing and speaking for your friend, why don't YOU do it?"

I was shocked, I told her I was HOH and mainly read lips. She shrugged and informed me that the judge will be close enough for lipreading.

Jeez.. my friend gave me a baffled look but simply shrugged and nodded eagerly at the idea of a familiar companion, so I had no other choice but to oblige (I'm such a good pal :P) the appointment is tomorrow at 8:30 am, and I will definitely have to whip out my hearing aids!

If courts (in CA) ARE required to provide interpreters, then I am curious to investigate into this matter

That's why I don't relay what hearies are saying to deafies anymore. I wish they can be included in the conversations, but man, I don't want to get in trouble for misinterpreting what people say because I still miss out on what people say. Used to do this a lot, found it really draining on me since it was requested of me to interpret everything all the time. :\

A deaf/HOH should never have to interpret or speak for another deafie. :|

 

[DGirl101]

That's why I don't relay what hearies are saying to deafies anymore. I wish they can be included in the conversations, but man, I don't want to get in trouble for misinterpreting what people say because I still miss out on what people say. Used to do this a lot, found it really draining on me since it was requested of me to interpret everything all the time. :\

A deaf/HOH should never have to interpret or speak for another deafie. :|

Seconds that....

 

[jinxedkitten]

I took your advice and discussed it with my friend, she was perfectly understanding and accompanied me to the front desk about a half hour before the appointment. We informed the clerk that we wanted to postpone the appointment because the court failed to provide us with an interpreter, the clerk threw a bunch of stereotypes in our faces :P she thought she knew us better than we knew ourselves, "try the assisted hearing device, it'll work!" She just could not comprehend why it wouldn't work for my deaf friend (with a severe hearing loss).

O_O

We were exasperated and hurriedly headed back to the court room, oddly enough... we bumped into an interpreter after all (what the heck), it was Berry's daughter (Bobbie) and a long time friend of the family. I spent four hours chatting with her, she was a blessing during this time of distress. My friend won the case quite easily

Bobbie taught us our rights all over again (yes I can be a clueless deafie at times) so I will be sure not to allow the court to push me around again when it's time to present my case (finalizing the divorce)

Whew, what a day! I appreciate everybody's advice and suggestions!

 

[ASLGAL]

In my area, "the next best thing", a signing officer or friend, would only be used to clarify to the person that another arraignment date and time would be set to give the court time to get an interpreter there.

As a signing officer/SSP I have had to intervene for a D/deaf person who was being bullied by a government worker. Many times the workers are not trained properly where anyones rights are concerned, not just ADA and D/deaf.

My advice to D/deaf and HOH - always - is to request an interpreter and not accept anything but an interpreter.
Especially with Medical or Legal, It could mean your freedom or your life.

 

[RonJaxon]

The court "MUST" provide you with an certified interpreter upon request and proof that you need it. You can refuse to go through the court until they provide one. And also, if you have a hard time understanding the interpreter they provide for some reason you should tell them and request a different one.

I for example am not fluent in ASL. So I needed a good oral interpreter. One that I can "Lip read" well and the ASL is sort of the back up.

Be warned though. My court was rescheduled 3 times because of this. They didn't bother to tell me until court actually began (And after hours of waiting in the court house) that they couldn't find an interpreter for this time.

But do what you've got to do to know exactly what's going on. Don't settle for them "Filling you in on what happened afterwords" because you could be missing out and it'll be to late afterwords.

I'm not sure how it's stated in every state but in mine in Michigan it states that no testimony taken from a deaf individual who has requested a certified interpreter is admissible in court.

Ron Jaxon

 

[CJB]

You should not interpreting for your friend. Whoever told you to do interpreting is totally wrong. She should know better because if you interpret for your friend, then the case may be dismissed or postponed until a real certified interpreter with the legal expetise.

Unless you are a certified CDI with the legal expetise, you never, never interpret for any Deaf person in the court. Interpreting at any court is very complicating and serious.

Not only that, but imagine if some sort of miscommunication happened. Court is a situation where a licensed terp is even more vital because of the weight that each word carries in such a situation and the high stakes for if a misunderstanding happens. It's a situation that could get really messy really fast.

 

[CJB]

I took your advice and discussed it with my friend, she was perfectly understanding and accompanied me to the front desk about a half hour before the appointment. We informed the clerk that we wanted to postpone the appointment because the court failed to provide us with an interpreter, the clerk threw a bunch of stereotypes in our faces :P she thought she knew us better than we knew ourselves, "try the assisted hearing device, it'll work!" She just could not comprehend why it wouldn't work for my deaf friend (with a severe hearing loss).

O_O

We were exasperated and hurriedly headed back to the court room, oddly enough... we bumped into an interpreter after all (what the heck), it was Berry's daughter (Bobbie) and a long time friend of the family. I spent four hours chatting with her, she was a blessing during this time of distress. My friend won the case quite easily

Bobbie taught us our rights all over again (yes I can be a clueless deafie at times) so I will be sure not to allow the court to push me around again when it's time to present my case (finalizing the divorce)

Whew, what a day! I appreciate everybody's advice and suggestions!

How lucky!

 

[DoDaDew]

The Americans with Disabilities Act (ADA) does not require "certified" interpreter but requires "qualified" interpreter. The U.S. Department of Justice defines “qualified interpreter” to mean a person who is able to convey communications effectively, accurately and impartially, and use any necessary specialized vocabulary. If your state has a certification and/or licensure law, then that interpreter must be certified. If no state has a certification and/or licensure law, the “qualified interpreter” applies.

ADA does not require all situations to have interpreting services but to have effective communications. Regardless of the situation, it must be communication accessible. The law is also clear when an interpreting service must be used. In the OP’s and other posters’ situation, yes…..court must provided qualified interpreters for any court proceedings but you do not need an interpreter to talk with the clerk (the clerk is required by law provide effective communications via paper/pen, gesture, computer, etc). Police do not have to provide interpreter service if you are being pulled over for a traffic ticket however, they must provide you with an interpreter if you are being interrogated or interviewed as a witness to a crime.

Title II of the ADA covers only local and state governments which also include, court houses, police stations, sheriffs, jails (there is more but I am focused only on the questions raised by the OP).

Title III of the ADA covers public accommodations such as hospitals, health clinics, dentists, eye doctors (there is more on that list but I am focused only on the questions raised by the OP).

There is a lot more to discuss regarding this issue but I will just give you links for further information:

ADA Tool Kit: Chapter 3, General Effective Communication Requirements Under Title II of the ADA General Effective Communication Requirements Under Title II of the ADA

http://www.ada.gov/lawenfcomm.pdf Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers

ADA Home Page - ada.gov - Information and Technical Assistance on the Americans with Disabilities Act ADA Home Page