78B-1-202 - Proceedings at which interpreter is to be provided for hearing impaired.
78B-1-202. Proceedings at which interpreter is to be provided for hearingimpaired.
(1) If a hearing-impaired person is a party or witness at any stage of any judicial orquasi-judicial proceeding in this state or in its political subdivisions, including civil and criminalcourt proceedings, grand jury proceedings, proceedings before a magistrate, juvenile proceedings,adoption proceedings, mental health commitment proceedings, and any proceeding in which ahearing-impaired person may be subjected to confinement or criminal sanction, the appointingauthority shall appoint and pay for a qualified interpreter to interpret the proceedings to thehearing-impaired person and to interpret the hearing-impaired person's testimony. If thehearing-impaired person does not understand sign language, the appointing authority shall takenecessary steps to ensure that the hearing-impaired person may effectively and accuratelycommunicate in the proceeding.
(2) If a juvenile whose parent or parents are hearing-impaired is brought before a courtfor any reason whatsoever, the court shall appoint and pay for a qualified interpreter to interpretthe proceedings to the hearing-impaired parent and to interpret the hearing-impaired parent'stestimony. If the hearing-impaired parent or parents do not understand sign language, theappointing authority shall take any reasonable, necessary steps to ensure that thehearing-impaired person may effectively and accurately communicate in the proceeding.
(3) In any hearing, proceeding, or other program or activity of any department, board,licensing authority, commission, or administrative agency of the state or of its politicalsubdivisions, the appointing authority shall appoint and pay for a qualified interpreter for thehearing-impaired participants if the interpreter is not otherwise compensated for those services. If the hearing-impaired participants do not understand sign language, the appointing authorityshall take any reasonable, necessary steps to ensure that hearing-impaired persons mayeffectively and accurately communicate in the proceeding.
(4) If a hearing-impaired person is a witness before any legislative committee orsubcommittee, or legislative research or interim committee or subcommittee or commissionauthorized by the state Legislature or by the legislative body of any political subdivision of thestate, the appointing authority shall appoint and pay for a qualified interpreter to interpret theproceedings to the hearing-impaired person and to interpret the hearing-impaired person'stestimony. If the hearing-impaired witness does not understand sign language, the appointingauthority shall take any reasonable, necessary steps to ensure that hearing-impaired witness mayeffectively and accurately communicate in the proceeding.
(5) If it is the policy and practice of a court of this state or of its political subdivisions toappoint counsel for indigent people, the appointing authority shall appoint and pay for a qualifiedinterpreter or other necessary services for hearing-impaired, indigent people to assist incommunication with counsel in all phases of the preparation and presentation of the case.
(6) If a hearing-impaired person is involved in administrative, legislative, or judicialproceedings, the appointing authority shall recognize that family relationship between theparticular hearing-impaired person and an interpreter may constitute a possible conflict of interestand select a qualified interpreter who will be impartial in the proceedings.
Renumbered and Amended by Chapter 3, 2008 General Session