390 - Appointment of interpreter for deaf person.

§  390.  Appointment of interpreter for deaf person. Whenever any deaf  person is a party to a legal proceeding of  any  nature,  or  a  witness  therein,   the   court  in  all  instances  shall  appoint  a  qualified  interpreter who is certified by a recognized national or New York  state  credentialing  authority  as  approved by the chief administrator of the  courts to interpret the proceeding to, and the testimony of,  such  deaf  person;  provided,  however,  where  compliance  with this section would  cause unreasonable delay  in  court  proceedings,  the  court  shall  be  authorized  to  temporarily  appoint  an  interpreter  who  is otherwise  qualified to interpret the proceedings to, and the  testimony  of,  such  deaf  person until a certified interpreter is available. In any criminal  action in a state-funded court, the court shall  also  appoint  such  an  interpreter  to  interpret  the  proceedings to a deaf person who is the  victim of the crime or may appoint such interpreter for the deaf members  of the immediate family (parent or spouse) of a victim of the crime when  specifically requested to do so by such victim or family member. The fee  for all such interpreting services shall be a charge upon the  state  at  rates  of  compensation  established by rule of the chief administrator;  except that where such interpreting services are rendered in  a  justice  court,  the  fee  therefor shall be paid as provided by law in effect on  July first, nineteen hundred ninety-one.