WEST VIRGINIA LEGISLATURE

2022 REGULAR SESSION

Introduced

Senate Bill 675

By Senators Trump and Lindsay

[Introduced February 18, 2022; referred
to the Committee on the Judiciary]

A BILL to amend and reenact §57-5-7 of the Code of West Virginia, 1931, as amended, relating to requiring the Director of the Administrative Office of the Supreme Court of Appeals to establish a program to certify interpreters.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5. MISCELLANEOUS PROVISIONS.

§57-5-7. Interpreters required.

(a) In any court proceeding wherein a party or witness or juror cannot readily understand or verbally communicate the English language because the witness or juror is deaf or because of any other hearing difficulties, such that person shall have the right to may have a qualified interpreter to assist the witness or juror at every stage of the proceeding. Such This right shall also pertain in any proceeding before administrative boards, commissions or agencies of this state or any political subdivision or municipality thereof, and in coroners’ inquests and grand jury proceedings.

(b) The director of the administrative office of the Supreme Court of Appeals shall establish a program to facilitate the use of interpreters in courts of this state and in extra-judicial criminal proceedings as provided for in this section.

(1) The director shall prescribe, determine, and certify the qualifications of persons who may serve as certified interpreters in courts of this state in proceedings involving the deaf and hard of hearing. Persons certified by the director shall be interpreters certified by the national registry of interpreters for the deaf, or the West Virginia registry of interpreters for the deaf or approved by the chief of services for the deaf and hard of hearing of West Virginia of the West Virginia Division of Vocational Rehabilitation, or shall be such other persons deemed by the director to be qualified by education, training, and experience. The director shall maintain a current master list of all interpreters certified by the director and shall report annually on the frequency of requests for, and the use and effectiveness of, interpreters.

(2) Each circuit court shall maintain on file in the office of the clerk of the court a list of all persons who have been certified as oral or manual interpreters for the deaf and hard of hearing by the director of the administrative office of the Supreme Court of Appeals in accordance with the certification program established pursuant to this section.

(3) In any criminal or juvenile proceeding, or other proceeding described in §51-11-5 of this code, the judge of the circuit court in which such the proceeding is pending, or, if such the proceeding is in a magistrate court, then the judge of the circuit court to which such the proceeding may be appealed or presented for judicial review, shall, with the assistance of the director of the administrative office of the Supreme Court of Appeals, utilize the services of the most available certified interpreter, or when no certified interpreter is reasonably available, as determined by the judge, the services of an otherwise competent interpreter, if the judge determines on his or her own motion or on the motion of a party that such party or a witness who may present testimony in the proceeding suffers from hearing difficulties so as to inhibit such the party’s comprehension of the proceedings or communication with counsel or the presiding judicial officer, or so as to inhibit such the witness’ comprehension of questions and the presentation of such testimony. The utilization of an interpreter shall be appropriate at any stage of the proceeding, judicial or extra-judicial, at which a person would be entitled to representation by an attorney and a waiver of the right to counsel shall may not constitute a waiver of the right to an interpreter as provided for by this section.

(c) Whenever a qualified interpreter is appointed pursuant to the provisions of subsection (b) of this section, or to accommodate a juror, the court shall, at the conclusion of the proceedings or interrogation, by order, fix the compensation of such the interpreter. The compensation shall include reimbursement for all reasonable and necessary expenses actually incurred in the performance of such those duties, but expenses shall may not be incurred in excess of the prevailing rate for state employees. In all such the appointments arising from subdivision (3), subsection (b) of this section, the compensation shall be paid by the State Auditor from the fund administered by the Supreme Court of Appeals for other court costs. In other proceedings before any circuit or magistrate court, Supreme Court of Appeals or before any administrative boards, commissions and agencies, the compensation shall be fixed by such court, board, commission, or agency and paid, within the limit of available funds, by such the court, board, commission, or agency.

(d) In any proceeding described in subdivision (3), subsection (b) of this section, if the circuit judge does not appoint an interpreter, an individual requiring the services of an interpreter may seek the assistance of the clerk of the circuit court or the director of the administrative office of the Supreme Court of Appeals in obtaining the assistance of a certified interpreter.

(e) Whenever an interpreter is necessary in any court proceeding because a witness or party speaks only a foreign language or for any other reason, an a certified interpreter shall be sworn truly to interpret.

(f) The director shall establish a program to certify interpreters.  Certified interpreters shall at a minimum:

(1) Be at least 18 years of age;

(2) Be eligible to work in the United States;

(3) Have taken the written and oral examinations of the National Center for State Courts and received an adequate score to demonstrate competency.

(4) Have demonstrated through experience, or through an orientation training session an understanding of interpreting, ethics, legal procedure and terminology, and modes of interpretation.

(g) If a certified interpreter for the foreign language is not available, the court may swear in an interpreter who has been certified by any other state which has substantially the same minimum requirements.  The court may also waive requirements in order to swear in an interpreter agreed upon by all parties, with the consent of all parties.

NOTE: The purpose of this bill is to require the director of the administrative office of the Supreme Court of Appeals to establish a program to certify interpreters.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.57