Frequently Asked Questions About Interpreters
- Can a minor child or other relative or friend of a non-English speaker be used as an interpreter?
Yes, but this is not a best practice and is discouraged. First, it is highly unlikely that the qualifications of that person to perform court interpreting are adequate. Second, issues are raised whenever a friend or relative provides interpretation services, especially in the legal context where a person must reveal intimate medical, personal, social, and financial information in order to receive competent legal advice and representation. Furthermore, the untrained court interpreter may embellish testimony based on a desire to “help” the non-English speaker. A minor child of a party should never be used as an interpreter.
- Can a court or magistrate use a non-certified Spanish language interpreter?
Yes, but the first recommended step in selecting a Spanish language court interpreter is to consult the Certified Spanish Language Interpreter List. The Judicial Council of Virginia encourages the use of court-certified interpreters first, where available. If no certified Spanish language interpreter is available, then the court may seek to qualify a non-certified Spanish language interpreter. See Sections 3 and 4 for additional information.
- Can interpreters be appointed in civil matters, as well as criminal and traffic matters?
Yes, if the court determines that an interpreter is necessary. The statutes governing appointment of interpreters for non-English speakers are § 19.2-164 (criminal) and § 8.01-384.1:1 (civil). Interpreters for the deaf and hard of hearing are appointed pursuant to § 19.2-164.1 (criminal) and § 8.01-384.1 (civil).
- Can or should a foreign language interpreter take notes while performing interpreting services?
Yes. In fact, this is a recommended best practice for foreign language interpreters when interpreting in the consecutive mode and is regarded as one sign of a professional court interpreter.
- Who should I contact if I need an interpreter for someone who is deaf or hard of hearing?
The Supreme Court of Virginia does not handle any issues relating to the contracting or usage of interpreters for the deaf and hard of hearing. The court should contact the Virginia Department of the Deaf and Hard of Hearing (VDDHH) to secure an interpreter for someone who is hearing impaired at 800-552-7917. To find out more information about resources for the hearing impaired go to www.vddhh.org .
- What rate should the court pay an interpreter?
Legislation adopted by the 2003 General Assembly directed that foreign language interpreters serving the courts be paid in accordance with guidelines established by the Judicial Council of Virginia. See Section 9 for information on payment rates.
- Who arranges and pays for interpreters needed for non-English speakers ordered to treatment (VASAP, domestic violence counseling, anger management, etc.)?
The service provider must arrange for and compensate interpreters.
- Who arranges and pays for an interpreter at a court-ordered doctor's evaluation?
The service provider must arrange for and compensate interpreters.
- Does the court pay for a public defender or court-appointed attorney to have an interpreter at his/her office for interviews or to translate written documents, such as a letter?
Yes, in those cases that the court has concluded that the appointment of an interpreter is appropriate. Note that the attorney must sign the FORM DC-44 - INTERPRETER SERVICES LOG AND CERTIFICATION that will indicate and authorize payment for the time spent by the interpreter in providing the services.
- Does the court pay for two different interpreters in one case, for example, if one interpreter provides services at the public defender's office but another interpreter is appointed in court?
Yes. There are a variety of reasons for this type of situation. An interpreter may be unavailable for the scheduled court date(s). Or the interpreter, the court, and/or a party may believe that a conflict of interest exists. The interpreter’s code of ethics requires interpreters to avoid the appearance of impropriety. Because it is true that interpreters must not only be neutral and objective, they must also be seen as such, the court proceeding(s) may require a different interpreter.
- Does the court pay for an interpreter for law enforcement during an investigation?
No. The law enforcement agency is responsible for arranging for and compensating interpreters.
- Does the court pay for an interpreter who performs services at the jail (e.g., booking, fingerprinting)?
No. The jail is responsible for arranging for and compensating interpreters.
- Does the court pay for an interpreter to provide services to a victim-witness coordinator?
No. The victim-witness program (Commonwealth’s Attorney) is responsible for arranging for and compensating interpreters.
- Does the court pay for the provision of an interpreter for either a deaf or hard of hearing juvenile and/or a deaf or hard of hearing parent or guardian in order to participate in a driver’s license ceremony in J&DR court?
Yes. The court is required to provide an interpreter because the juvenile and his/her parent or guardian are required to attend this ceremony so that the juvenile can obtain his/her driver’s license.
- Does the court pay for an interpreter used at intake in a court services unit or magistrate office?
Yes. This is the initiation of a court case.
- Does the court pay for interpreters for local ordinance cases?
Yes, if the court determines that the appointment of an interpreter is necessary.
This page last modified: January 17, 2008
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