19.2-164 - Interpreters for non-English-speaking persons.
§ 19.2-164. Interpreters for non-English-speaking persons.
In any criminal case in which a non-English-speaking person is the accused,an interpreter for the non-English-speaking person shall be appointed. In anycriminal case in which a non-English-speaking person is a victim or witness,an interpreter shall be appointed by the judge of the court in which the caseis to be heard unless the court finds that the person does not require theservices of a court-appointed interpreter. An English-speaking person fluentin the language of the country of the accused, a victim or a witness shall beappointed by the judge of the court in which the case is to be heard, unlesssuch person obtains an interpreter of his own choosing who is approved by thecourt as being competent. The compensation of an interpreter appointed by thecourt pursuant to this section shall be fixed by the court in accordance withguidelines set by the Judicial Council of Virginia and shall be paid from thegeneral fund of the state treasury as part of the expense of trial. Such feeshall not be assessed as part of the costs unless (i) an interpreter has beenappointed for the defendant, (ii) the defendant fails to appear, (iii) theinterpreter appears in the case and no other case on that date, and (iv) thedefendant is convicted of a failure to appear on that date the interpreterappeared in the case, then the court, in its discretion, may assess as coststhe fee paid to the interpreter. Whenever a person communicates through aninterpreter to any person under such circumstances that the communicationwould be privileged, and such person could not be compelled to testify as tothe communications, this privilege shall also apply to the interpreter. Theprovisions of this section shall apply in both circuit courts and districtcourts.
(Code 1950, § 19.1-246.1; 1966, c. 240; 1974, c. 110; 1975, c. 495; 1978, c.601; 1982, c. 444; 1985, c. 396; 1995, c. 546; 1996, c. 402; 2003, c. 1011;2007, c. 383.)