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RCW 2.42.120

Appointment of interpreter — Responsibility for compensation — Reimbursement


  • If a hearing impaired person is a party or witness at any stage of a judicial or quasi-judicial proceeding in the state or in a political subdivision, including but not limited to civil and criminal court proceedings, grand jury proceedings, proceedings before a magistrate, juvenile proceedings, adoption proceedings, mental health commitment proceedings, and any proceeding in which a hearing impaired person may be subject to confinement or criminal sanction, the appointing authority shall appoint and pay for a qualified interpreter to interpret the proceedings.

  • If the parent, guardian, or custodian of a juvenile brought before a court is hearing impaired, the appointing authority shall appoint and pay for a qualified interpreter to interpret the proceedings.

  • If a hearing impaired person participates in a program or activity ordered by a court as part of the sentence or order of disposition, required as part of a diversion agreement or deferred prosecution program, or required as a condition of probation or parole, the appointing authority shall appoint and pay for a qualified interpreter to interpret exchange of information during the program or activity.

  • If a law enforcement agency conducts a criminal investigation involving the interviewing of a hearing impaired person, whether as a victim, witness, or suspect, the appointing authority shall appoint and pay for a qualified interpreter throughout the investigation. Whenever a law enforcement agency conducts a criminal investigation involving the interviewing of a minor child whose parent, guardian, or custodian is hearing impaired, whether as a victim, witness, or suspect, the appointing authority shall appoint and pay for a qualified interpreter throughout the investigation. No employee of the law enforcement agency who has responsibilities other than interpreting may be appointed as the qualified interpreter.

  • If a hearing impaired person is arrested for an alleged violation of a criminal law the arresting officer or the officer's supervisor shall, at the earliest possible time, procure and arrange payment for a qualified interpreter for any notification of rights, warning, interrogation, or taking of a statement. No employee of the law enforcement agency who has responsibilities other than interpreting may be appointed as the qualified interpreter.

  • Where it is the policy and practice of a court of this state or of a political subdivision to appoint and pay counsel for persons who are indigent, the appointing authority shall appoint and pay for a qualified interpreter for hearing impaired persons to facilitate communication with counsel in all phases of the preparation and presentation of the case.

  • Subject to the availability of funds specifically appropriated therefor, the administrative office of the courts shall reimburse the appointing authority for up to one-half of the payment to the interpreter where a qualified interpreter is appointed for a hearing impaired person by a judicial officer in a proceeding before a court under subsection (1), (2), or (3) of this section in compliance with the provisions of RCW 2.42.130 and 2.42.170.
  • [2008 c 291 § 2; 1985 c 389 § 12.]"
     
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    DISCLAIMER: The information provided on this website is for reference purposes only and not intended to constitute legal and/or financial advice. You should contact an attorney, accountant, or tax preparation professional to ensure the laws of your state or those governing your business environment are properly clarified.

      WHEN SHOULD I GET AN INTERPRETER?
    Interpreters facilitate communication between hearing and Deaf individuals in a variety of settings such as medical and dental appointments, social services, meetings and other group situations or when discussing detailed, lengthy, or complex information. When a client requests that you provide a Sign Language Interpreter you must consider the clients right to an interpreter, as stated in the Americans with Disabilities Act (ADA). It is the responsibility of the service provider to cover the Interpreters fees, unless otherwise covered by DSHS approved entities.
      WHAT IS THE INTERPRETERS ROLE?
    An Interpreter's role is strictly that of a "Communication Facilitator". It is the Interpreter's responsibility to accurately relay communication between two parties. Interpreters sign everything that is said and say everything that is signed. Interpreters are governed by the Registry of Interpreters for the Deaf (RID) Code of Professional Conduct. It is the obligation of every interpreter to exercise judgment, confidentiality, linguistic and professional competence, impartiality, professional growth and development, ethical business practices, and the rights of participants in interpreted situations to informed choice.
      WHAT INFORMATION DO I NEED TO PROVIDE?
      • Date, time, location and expected length of the assignment
      • Type of situation (medical, dental, social services, etc.)
      • Names of interpreters with whom the deaf or individual prefers to work (Many individuals prefer to work with specific interpreters, based on their different skills and individual communication needs.)
      • Particular communication needs the individual has noted, e.g., American Sign Language (ASL). Others may prefer an oral interpreter. It is also important to consider that some deaf-blind individuals prefer a "tactile interpreter".
      WHEN DO I NEED TWO INTERPRETERS?
    If a meeting will last more than an hour and a half, it is recommended to have two interpreters. It is difficult to interpret for more than an hour and a half. If the meeting, class, or lecture will take longer, two interpreters will work on a rotating basis. Interpreters rotate every 15-20 minutes in order to remain fresh and provide effective, accurate communication.
      DO POLICE DEPARTMENTS HAVE TO ARRANGE FOR A SIGN LANGUAGE INTERPRETER EVERY TIME AN OFFICER INTERACTS WITH A PERSON WHO IS DEAF?
    No. Police officers are required by the ADA to ensure effective communication with individuals who are deaf or hard of hearing. Whether a qualified sign language interpreter or other communication aid is required will depend on the nature of the communication and the needs of the requesting individual. For example, some people who are deaf do not use sign language for communication and may need to use a different communication aid or rely on lipreading. In one-on-one communication with an individual who lipreads, an officer should face the individual directly, and should ensure that the communication takes place in a well-lighted area.
      DO I HAVE TO PROVIDE A SIGN LANGUAGE INTERPRETER?
    The ADA requires that the expressed choice of the individual with the disability, who is in the best position to know her or his needs, should be given primary consideration in determining which communication aid to provide. The ultimate decision is made by the police department. The department should honor the individuals choice unless it can demonstrate that another effective method of communication exists.
      WHAT KINDS OF COMMUNICATION REQUIRE AN INTERPRETER FOR A LEGAL SETTING?
    The length, importance, or complexity of the communication will help determine whether an interpreter is necessary for effective communication. In a simple encounter, such as checking a driver's license or giving street directions, a notepad and pencil normally will be sufficient.
    • During interrogations and arrests, a sign language interpreter will often be necessary to effectively communicate with an individual who uses sign language.
    • If the legality of a conversation will be questioned in court, such as where Miranda warnings are issued, a sign language interpreter may be necessary. Police officers should be careful about miscommunication in the absence of a qualified interpreter -- a nod of the head may be an attempt to appear cooperative in the midst of misunderstanding, rather than consentor a confession of wrongdoing.
    • In general, if an individual who does not have a hearing disability would be subject to police action without interrogation, then an interpreter will not be required, unless one is necessary to explain the action being taken.
      WHAT IS THE ADA?
    The Americans with Disabilities Act (ADA) is a law that prohibits discrimination against people with disabilities, including deaf and hearing impaired people. There are four sections in the law: employment, government, public accommodations, and telecommunications. Each section of the ADA lists services that should be provided for deaf individuals. The ADA enhances the Rehabilitation Act of 1973. Hospitals are covered under Section 504 of the 1973 act, and under Titles II and III of the ADA.

    In general, the ADA expects hospitals and medical service providers to eliminate anything that discriminates against a deaf person. Naturally, the foremost source of discrimination against deaf people occurs as some form of communication. The ADA requires communication that is effective and provides aids that are appropriate in communicating with a deaf patient. Deaf patients must be able to communicate with doctors, nurses, admission staff, and other hospital workers. In addition, the deaf person must choose the kind of communication that is needed such as sign language through an interpreter, written notes, lipreading, TDDs, or other assistive devices.

    The medical facility must be prepared to honor the deaf patient's request. Further, the deaf patient may NOT be charged for expenses incurred in complying with ADA requirements.
      WHAT ARE MY RIGHTS UNDER THE ADA?
    The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. It is the world's first comprehensive civil rights law for people with disabilities. The ADA represents 43 million Americans with disabilities who are full-fledged citizens and are entitled to legal protections that ensure them equal opportunity and access to the mainstream of American life. The ADA is being enforced when we see businesses providing access for wheelchairs such as ramps, special seating, toilet facilities, telephone height, and water fountain height.

    Of the 43 million Americans covered by the ADA, at least 24 million suffer from hearing loss. Within this astronomical populace are included three million school-age children. Hearing loss is our nation's number one disability, compromising 55.8% of the total number of people guaranteed the right to effective communication under the ADA.

    For people with hearing impairments the ADA requires that assistive listening systems be provided to them in numerous situations. The law states: "Assembly areas with fixed seating where audible communications are integral to the use of the space must have a permanently installed assistive listening system if they accommodate at least 50 persons, or if they have audio-amplification systems. The minimum number of receivers to be provided shall be equal to 4 percent of the total number of seats, but in no case less than two."

    By Federal Mandate, large corporations must provide assistive listening systems for their employees in assembly areas, meeting rooms and training facilities. Systems are required in public schools, courtrooms, state and local legislative hearing rooms and local, state and federal meeting areas. A huge area of public facilities such as theaters, hotel conference rooms, museums, convention centers and nursing homes, just to name a few, must provide assistive listening equipment to their cliental free of charge.

    Since the ADA is a complaint driven law, the disabled must be aware of their rights for it to be effective. It is important that you request assistive listening equipment when visiting any of the above facilities. If equipment is not provided to you, you may file a civil law-suit against the facility for non-compliance to the ADA.

    Once people with hearing impairments start to request assistive devices in theaters, schools, nursing homes and other places where they are required, we will begin to see a network of ADA compliance emerge. There are countless people and facilities that can benefit from Sound Choice Assistive Listening, Inc., but our personal targets are schools, museums and other places of learning to provide hearing impaired children with the same opportunities as their peers.
     

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