§ 8B-2. Appointment of interpreters in certain judicial, legislative, and administrative proceedings; removal. - North Carolina Statutes

§8B‑2.  Appointment of interpreters in certain judicial, legislative, andadministrative proceedings; removal.

(a)        When a deaf personis a party to or a witness in any civil or criminal proceeding in any superioror district court of the State, including juvenile proceedings, specialproceedings, and proceedings before the magistrate, the court shall appoint aqualified interpreter to interpret the proceedings to the deaf person and tointerpret the deaf person's testimony, if any.

(b)        When a deaf personis a witness before any legislative committee or subcommittee or legislativeresearch or study committee or subcommittee or commission authorized by theGeneral Assembly, the appointing authority conducting the proceeding shallappoint a qualified interpreter to interpret the proceedings to the deaf personand to interpret the deaf person's testimony.

(c)        When a deaf personis a party to or a witness in an administrative proceeding before anydepartment, board, commission, agency or licensing authority of the State, orof any county or city of the State, the appointing authority conducting theproceeding shall appoint a qualified interpreter to interpret the proceedingsto the deaf person and to interpret the deaf person's testimony, if any.

(d)        If a deaf person isarrested for an alleged violation of criminal law of the State, including alocal ordinance, the arresting officer shall immediately procure a qualifiedinterpreter from the appropriate court for any interrogation, warning,notification of rights, arraignment, bail hearing or other preliminaryproceeding, but no arrestee otherwise eligible for release on bail underArticle 26 of Chapter 15A of the General Statutes shall be held in custodypending the arrival of an interpreter. No answer, statement or admission takenfrom the deaf person without a qualified interpreter present and functioning isadmissible in court for any purpose.

(e)        Whenever a juvenilewhose parent or parents are deaf is brought before a court for any reasonwhatsoever, the court shall appoint a qualified interpreter to interpret theproceedings and testimony for the deaf parent or parents, and to interpret anystatements or testimony the deaf parent or parents may be called upon to giveto the court.

(f)         A qualifiedinterpreter shall not be appointed until the appointing authority makes apreliminary determination that the interpreter is able to communicateeffectively with and to interpret accurately for the deaf person. If noqualified interpreter can be found who can successfully communicate with thisperson, he may select his own interpreter without regard to whether theinterpreter is "qualified" within the meaning set forth under thisstatute.

(g)        The appointingauthority may, on its own motion or on the request of the deaf person, removean interpreter for inability to communicate or because his services have beenwaived. (1981, c. 937, s. 1.)