Court and Interpreters

Any deaf person who goes to court without a terp who is not only nationally certified but also certified specifically for legal interpreting, is taking a whopping chance.

Any terp who accepts a court assignment without being certified and covered by professional malpractice insurance, is taking a whopping chance.

Any prosecutor who wins a guilty verdict against a deaf defendant without using a certified terp takes a whopping chance of getting the verdict overturned later.

Who wants to take these chances?
 
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

Any deaf person who goes to court without a terp who is not only nationally certified but also certified specifically for legal interpreting, is taking a whopping chance.

Any terp who accepts a court assignment without being certified and covered by professional malpractice insurance, is taking a whopping chance.

Any prosecutor who wins a guilty verdict against a deaf defendant without using a certified terp takes a whopping chance of getting the verdict overturned later.

Who wants to take these chances?

Nod. Don't forget some states (Like Colorado and Nebraska) require by law the interpreters to be certified in legal settings.
 
I have been working on a way of providing the Court House, Hospital and Police Station a list of interpreters that will come in on an emergency basis.


I have found out that there is another Deaf person in town but this person is a little girl about 6 years of age.

Im not about to have her go to the hospital if (GOD forbid!) something happened and her mother is not able to be there, or if she gets lost and the police has to find out things from her.

I can handle it if they cant find someone for me......but for the little girl I dont want her to get scared....or traumatized by the experience of not having a Certified Interpreter.
 
I have been working on a way of providing the Court House, Hospital and Police Station a list of interpreters that will come in on an emergency basis.


I have found out that there is another Deaf person in town but this person is a little girl about 6 years of age.

Im not about to have her go to the hospital if (GOD forbid!) something happened and her mother is not able to be there, or if she gets lost and the police has to find out things from her.

I can handle it if they cant find someone for me......but for the little girl I dont want her to get scared....or traumatized by the experience of not having a Certified Interpreter.

Isn't there an interpreting agency in your town or one reasonably close?
 
A third party shouldn't even relay hearing dates. The attorney should inform the client of hearing dates. The attorney has duties to the court and client that a third party does not.
 
Isn't there an interpreting agency in your town or one reasonably close?

No agency...nearest one is 3 hours away....most interpreters live 45 minutes to an hour away....

Only a couple live close enough.

Where I live it is rural....a town with only 5500 people living in it and only 2 Deaf people that I know of. So they don't have interpreters on hand.
 
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