12-242. Interpreters for deaf persons; proceedings; definitions

A. The court shall in any civil or criminal case or grand jury proceeding in which a deaf person is party to such action, either as a witness, complainant, defendant or attorney, appoint a qualified interpreter to interpret the proceedings to the deaf person, to interpret the deaf person's testimony or statements and to interpret preparations with the deaf person's attorney.

B. A department, board, commission, agency or licensing authority of this state or a political subdivision of this state shall, in any proceeding before such department, board, commission, agency or licensing authority in which a deaf person is a principal party of interest or witness, appoint a qualified interpreter to interpret the proceedings to the deaf person and to interpret the deaf person's testimony or statements.

C. If a person known or ascertained to be deaf is arrested and taken into custody for any alleged violation of a criminal law of this state, the arresting officer, the officer's superiors or the court shall procure a qualified interpreter in order to properly interpret any of the following:

1. Warnings of the person's constitutional privilege against self-incrimination as it relates to custodial interrogation.

2. Interrogation of the deaf person.

3. The deaf person's statements.

D. If a juvenile whose parent or parents are deaf is brought before a court for any reason, the court shall appoint a qualified interpreter to interpret the proceedings and testimony for the deaf parent or parents and to interpret any statements or testimony the deaf parent or parents may be called upon to give to the court.

E. If a communication made by a deaf person through an interpreter is privileged, the privilege extends also to the interpreter.

F. If the interpreter or the deaf person determines that effective communication is not occurring the court or appointing authority shall permit the interpreter or the deaf person to nominate a qualified intermediary interpreter to provide interpreting services between the deaf person and the appointed interpreter during proceedings.

G. A deaf person entitled to the services of an interpreter under this section may knowingly and intelligently waive these services. A deaf person who has waived an interpreter under this subsection may provide an interpreter at the deaf person's own expense.

H. As used in this section:

1. " Deaf person" means a person whose hearing impairment is so significant that the individual is impaired in processing linguistic information through hearing.

2. " Qualified interpreter" means a person who has a valid license of competency authorized by the commission for the deaf and the hard of hearing.