§ 16-89-104 - Interpreters in criminal actions generally.
16-89-104. Interpreters in criminal actions generally.
(a) Every person who cannot speak or understand the English language or who because of hearing, speaking, or other impairment has difficulty in communicating with other persons and who is a defendant in any criminal action or a witness therein shall be entitled to an interpreter to aid the person throughout the proceeding.
(b) (1) An interpreter may be retained by the party or witness or, if the person is unable to pay for an interpreter, may be appointed by the court before which the action is pending and shall be appointed by the court before which the action is pending if the person is a defendant in the criminal action.
(2) If an interpreter is appointed by the court, the fee for the services of the interpreter shall be set by the court and shall be paid in the manner as the court may determine, except that an acquitted defendant shall not be required to pay any fee for the services of a court-appointed interpreter.
(3) If a certified foreign language interpreter from the roster is appointed by the court in a criminal matter, the judge may certify the appointment to the Director of the Administrative Office of the Courts as provided in 16-10-127(e)(1).
(c) Any court may inquire into the qualifications and integrity of any interpreter, and may disqualify any person from serving as an interpreter.
(d) Every interpreter for another person who is either a party or a witness in a court proceeding as referred to in this section shall take the following oath:
"Do you solemnly swear (or affirm) that you will justly, truly and impartially interpret to .... the oath about to be administered to him (her), and the questions which may be asked him (her), and the answers that he (she) shall give to such questions, relative to the cause now under consideration before this court, so help you God (or under the pains and penalties of perjury)?"