# Title 28 — Judicial Procedure, Civil

## Chapter 28-33 — Interpreters for Deaf Persons

### § 28-33-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:
1. "Appointing authority" means the presiding judge of any court, the chairman of any
board, commission, or authority, and the director or commissioner of any department
or agency before which a qualified interpreter is required pursuant to this chapter.
2. "Deaf person" means any person whose hearing is totally impaired or whose hearing
is so seriously impaired as to prohibit the person from understanding voice
communication, or the English language including, but not limited to, a person who is
deaf, mute, deaf-mute, or deaf-blind.
3. "Principal party in interest" means a person in any proceeding in which that person is a
named party or a person with respect to whom the decision or action which may be
taken in any proceeding directly affects.
4. "Qualified interpreter" means an interpreter certified by the national registry of
interpreters for the deaf or North Dakota association for the deaf, or an interpreter who
has been approved by the superintendent of the school for the deaf, or, in the event
such an interpreter is not available, any other interpreter whose actual qualifications
have otherwise been appropriately determined.
### § 28-33-02. Interpreter required.

1. At all stages of any judicial or administrative proceedings in which a deaf person is a
principal party in interest, the appointing authority shall appoint a qualified interpreter
to interpret or to translate the proceedings to the deaf person and to interpret or
translate the person's testimony.
2. Immediately after a deaf person is arrested for any alleged violation of criminal law and
penalty may include imprisonment or a fine in excess of one hundred dollars, or both,
an interpreter must be appointed. No attempt to interrogate or take a statement from
such person may be permitted until a qualified interpreter is appointed for the deaf
person and then only through the use of the interpreter.
3. Whenever any deaf person is a party to any proceedings involving, or is receiving any
services from, any agency under the authority of the state or any political subdivision,
the agency shall inform the deaf person of that person's right to a qualified interpreter
to interpret or translate the action of any personnel providing such service and to
assist the deaf person in communicating with each other person. The interpreter must
be appointed, at the expense of the agency, upon the request of the deaf person or the
deaf person's parent or guardian, if the deaf person is a minor.
### § 28-33-03. Proof of disability.

An appointing authority may require a person requesting the appointment of an interpreter
to furnish reasonable proof of the person's disability when the appointing authority has reason to
believe that the person is not so disabled. In no event is a failure of a party or witness to request
an interpreter to be deemed a waiver of the right.
### § 28-33-04. Oath of interpreter.

Superseded by N.D.R.Ct., Rule 6.10.
### § 28-33-05. Compensation.

An interpreter appointed under this chapter must be compensated by the appointing
authority at a reasonable rate determined by the authority, including travel expenses. This
section does not prevent any state department, board, commission, agency, or licensing
authority or any political subdivision of the state from employing an interpreter on a full-time
basis or under contract.

### § 28-33-06. Privileged communications.

Whenever a deaf person communicates through an interpreter to any person under such
circumstances that the communication would be privileged and the deaf person could not be
compelled to testify as to the communications, the privilege applies to the interpreter as well.
### § 28-33-07. Visual recording.

In any judicial proceeding, the appointing authority, on the appointing authority's own motion
or on the motion of a party to the proceedings, may order that the testimony of the deaf person
and the interpretation thereof be visually recorded for use in verification of the official transcript
of the proceedings.
### § 28-33-08. Coordination of interpreter requests.

1. Whenever an appointing authority receives a valid request for the services of an
interpreter or on the appointing authority's own motion, the authority shall request the
superintendent of the school for the deaf to furnish the authority with a list of sources
of qualified interpreters at the time and place specified by the authority.
2. When requested by an appointing authority to provide assistance in providing an
interpreter, the national registry of interpreters for the deaf or the North Dakota
association of the deaf or the superintendent of the North Dakota school for the deaf
shall supply a list of sources and do everything necessary to assist the appointing
authority in obtaining a qualified interpreter; providing, however, if the choice of
qualified interpreter does not meet the needs of the deaf person, the appointing
authority shall appoint another qualified interpreter.
