For the purposes of this chapter, the term:
(1) "Appointing authority" means the presiding judge of any court of the District of Columbia, the chairperson of any District of Columbia board or commission, the director or commissioner of any department or agency of the District of Columbia, the Chairman of the Council of the District of Columbia or the chairperson of any committee of the Council of the District of Columbia conducting a hearing, or any other person presiding at any hearing or other proceeding in which a qualified interpreter is required pursuant to this chapter.
(2) "Communication-impaired person" means a hearing-impaired person or a non-English or limited-English speaking person.
(3) "Hearing-impaired person" means a person who, because of a hearing impairment, cannot readily understand oral communications or who cannot communicate effectively through speech, and, if the communication at issue is in writing, who cannot communicate effectively in the written English language.
(3A) "Intermediary interpreter" means any person, including any hearing-impaired person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between variants of sign language by acting as an intermediary between a hearing-impaired person and a qualified interpreter.
(4) "Non-English or limited-English speaking person" means a person who is unable to readily understand oral and written communications in the English language or who cannot communicate effectively in the spoken or written English language.
(5) "Qualified interpreter" means a person who is listed by the Office of Court Interpreter Services or the United States Department of State as being, or is otherwise found by the court to be, skilled in the language or form of communication needed to communicate fluently with a communication-impaired person and to translate or interpret information accurately to and from the communication-impaired person.
(6) "Qualified interviewer" means a person who is certified by the Metropolitan Police Department as being, or is otherwise found by the court to be, skilled in the language or form of communication needed to communicate fluently with a communication-impaired person.
(Jan. 28, 1988, D.C. Law 7-62, § 2, 34 DCR 7426; Apr. 24, 2007, D.C. Law 16-306, § 201(a), 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-2701.
Effect of Amendments
D.C. Law 16-306 rewrote the section, which had read as follows:
"For the purposes of this chapter, the term:
"(1) 'Appointing authority' means the presiding judge of any court of the District of Columbia, the chairperson of any District of Columbia board or commission, the director or commissioner of any department or agency of the District of Columbia, the Chairman of the Council of the District of Columbia or the chairperson of any committee of the Council of the District of Columbia conducting a hearing, or any other person presiding at any hearing or other proceeding in which a qualified interpreter is required pursuant to this chapter.
"(2) 'Communication-impaired person' means a person whose hearing is impaired or who does not speak English.
"(3) 'Hearing-impaired person' means a person who, because of a hearing impairment, cannot readily understand oral communications or who cannot communicate effectively through speech.
(4) 'Non-English speaking person' means a person who is unable to readily understand oral and written communications in the English language or who cannot communicate effectively in the spoken English language.
"(5) 'Qualified interpreter' means a person who is listed by the Office of Interpreter Services as being skilled in the language or form of communication needed to communicate accurately with a communication-impaired person and who is able to translate information to and from the communication-impaired person.
"(6) 'Intermediary interpreter' means any person, including any hearing-impaired person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between variants of sign language by acting as an intermediary between a hearing-impaired person and a qualified interpreter."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 201(a) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 201(a) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 201(a) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 201(a) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
Law 7-62, "Interpreters for Hearing-Impaired and Non-English Speaking Persons Act of 1987," was introduced in Council and assigned Bill No. 7-108, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 13, 1987, and October 27, 1987, respectively. Signed by the Mayor on November 5, 1987, it was assigned Act No. 7-95 and transmitted to both Houses of Congress for its review.
Law 16-306, the "Omnibus Public Safety Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-247, which was referred to Committee on the Judiciary. The Bill was adopted on first and second readings on June 6, 2006, and October 3, 2006, respectively. Signed by the Mayor on October 17, 2006, it was assigned Act No. 16-482 and transmitted to both Houses of Congress for its review. D.C. Law 16-306 became effective on April 24, 2007.
(a) Whenever a communication-impaired person is a party or witness, or whenever a juvenile whose parent or parents are communication impaired is brought before a court at any stage of a judicial or quasi-judicial proceeding before a division or office of a court of the District of Columbia, including, but not limited to, civil and criminal court proceedings, proceedings before a commissioner, juvenile proceedings, child support and paternity proceedings, and mental health commitment proceedings, the appointing authority may appoint a qualified interpreter to interpret the proceedings to the communication-impaired person and to interpret the communication-impaired person's testimony. The appointing authority shall appoint a qualified interpreter upon the request of the communication-impaired person.
(b) In any criminal, delinquency, or child neglect proceeding in which counsel has been appointed to represent an indigent defendant who is communication-impaired, a qualified interpreter shall be appointed to assist in communication with counsel in all phases of the preparation and presentation of the case.
(c) Whenever a communication-impaired person is a party or a witness in an administrative proceeding before a department, board, commission, agency, or licensing authority of the District of Columbia, the appointing authority conducting the proceeding may appoint a qualified interpreter to interpret the proceedings to the communication-impaired person and to interpret the communication-impaired person's testimony. The appointing authority shall appoint a qualified interpreter upon the request of the communication-impaired person.
(d) Whenever a communication-impaired person is a witness before any legislative committee, the appointing authority conducting the proceeding may appoint a qualified interpreter to interpret the proceedings to the communication-impaired person and to interpret the communication-impaired person's testimony. The appointing authority shall appoint a qualified interpreter upon the request of the communication-impaired person.
(e)(1) Whenever a communication-impaired person is arrested and taken into custody for an alleged violation of a criminal law, the arresting officer shall either:
(A) Procure a qualified interpreter to translate or interpret information to and from the person during any custodial interrogation, warning, notification of rights, or taking of a written or oral statement; or
(B) Have a qualified interviewer conduct the custodial interrogation, warning, notification of rights, or taking of a written or oral statement in a language other than English, including sign language.
(2) No person who has been arrested but who is otherwise eligible for release shall be held in custody pending arrival of a qualified interpreter or qualified interviewer.
(3) No answer, statement, or admission, written or oral, made by a communication-impaired person in reply to a question of a law enforcement officer may be used against that communication-impaired person in any criminal or delinquency proceeding unless the answer, statement, or admission was made or elicited through either a qualified interpreter or a qualified interviewer and was made knowingly, voluntarily, and intelligently or, in the case of a waiver, unless the court makes a special finding upon proof by a preponderance of the evidence that the answer, statement, or admission made by the communication-impaired person was made knowingly, voluntarily, and intelligently.
(4) A qualified interpreter shall be used to translate any statement taken by a qualified interviewer into English for use in any criminal or delinquency proceeding.
(Jan. 28, 1988, D.C. Law 7-62, § 3, 34 DCR 7426; Apr. 24, 2007, D.C. Law 16-306, § 201(b), 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-2702.
Effect of Amendments
D.C. Law 16-306 rewrote subsec. (e), which had read as follows:
"(e) Whenever a communication-impaired person is arrested and taken into custody for an alleged violation of a criminal law, the arresting officer shall procure a qualified interpreter for any custodial interrogation, warning, notification of rights, or taking of a statement. No person who has been arrested but who is otherwise eligible for release shall be held in custody pending arrival of an interpreter. No answer, statement, or admission, written or oral, made by a communication-impaired person in reply to a question of a law-enforcement officer in any criminal or delinquency proceeding may be used against that communication-impaired person unless either the answer, statement, or admission was made or elicited through a qualified interpreter and was made knowingly, voluntarily, and intelligently or, in the case of a waiver, unless the court makes a special finding upon proof by a preponderance of the evidence that the answer, statement, or admission made by the communication-impaired person was made knowingly, voluntarily, and intelligently."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 201(b) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 201(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 201(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 201(b) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
For legislative history of D.C. Law 7-62, see Historical and Statutory Notes following § 2-1901.
For Law 16-306, see notes following § 2-1901.
(a) A communication-impaired person entitled to an interpreter under this chapter shall, if practicable, notify the appropriate appointing authority of the person's need for an interpreter at least 5 business days prior to the person's appearance. A failure to notify the appointing authority of the need for an interpreter is not a waiver of the right to an interpreter.
(b) An appointing authority, when it knows a communication-impaired person is, or will be coming before it, shall inform the communication-impaired person of the right to a qualified interpreter. In a judicial proceeding, when the court knows that a communication-impaired person will be before it, the court shall inform the party, or the parent of a juvenile who is a party, of the right of any communication-impaired person to a qualified interpreter.
(Jan. 28, 1988, D.C. Law 7-62, § 4, 34 DCR 7426.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-2703.
Legislative History of Laws
For legislative history of D.C. Law 7-62, see Historical and Statutory Notes following § 2-1901.
Before appointing an interpreter, an appointing authority shall make a preliminary determination that the interpreter is able to accurately communicate with and translate information to and from the communication-impaired person involved. If the interpreter is not able to provide effective communication with the communication-impaired person, the appointing authority shall appoint another qualified interpreter.
(Jan. 28, 1988, D.C. Law 7-62, § 5, 34 DCR 7426.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-2704.
Legislative History of Laws
For legislative history of D.C. Law 7-62, see Historical and Statutory Notes following § 2-1901.
In any proceeding involving a hearing-impaired person in which a qualified interpreter is unable to render a satisfactory interpretation without the aid of an intermediary interpreter, the hearing-impaired person involved may be permitted by the appointing authority to retain another person to act as an intermediary interpreter to assist the qualified interpreter during the proceedings.
(Jan. 28, 1988, D.C. Law 7-62, § 6, 34 DCR 7426.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-2705.
Legislative History of Laws
For legislative history of D.C. Law 7-62, see Historical and Statutory Notes following § 2-1901.
(a) A communication-impaired person entitled to the services of an interpreter under this chapter may waive the services of a qualified interpreter in whole or in part. The waiver must be made in writing, or orally on the record, by the communication-impaired person following consultation with that person's attorney. If the person does not have an attorney, the waiver must be made in writing by the communication-impaired person in that person's written language and the waiver must be approved in writing, by the appointing authority.
(b) A communication-impaired person who has waived an interpreter under this section may provide his or her own interpreter at his or her own expense, without regard to whether the interpreter is qualified under this chapter.
(Jan. 28, 1988, D.C. Law 7-62, § 7, 34 DCR 7426.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-2706.
Legislative History of Laws
For legislative history of D.C. Law 7-62, see Historical and Statutory Notes following § 2-1901.
Before an interpreter appointed under this chapter begins to interpret, the interpreter shall take an oath or affirmation that the interpreter will make a true interpretation in an understandable manner to and for the person for whom the interpreter is appointed to the best of the interpreter's skills and judgment.
(Jan. 28, 1988, D.C. Law 7-62, § 8, 34 DCR 7426.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-2707.
Legislative History of Laws
For legislative history of D.C. Law 7-62, see Historical and Statutory Notes following § 2-1901.
If a communication made by a communication-impaired person through an interpreter is privileged, the privilege extends also to the interpreter.
(Jan. 28, 1988, D.C. Law 7-62, § 9, 34 DCR 7426.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-2708.
Legislative History of Laws
For legislative history of D.C. Law 7-62, see Historical and Statutory Notes following § 2-1901.
Whenever an interpreter is required to be appointed to assist a hearing-impaired person under this chapter, the appointing authority shall not commence proceedings until the appointed interpreter is in full view of and spatially situated so as to assure effective communication with the hearing-impaired person or persons involved as participants.
(Jan. 28, 1988, D.C. Law 7-62, § 10, 34 DCR 7426.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-2709.
Legislative History of Laws
For legislative history of D.C. Law 7-62, see Historical and Statutory Notes following § 2-1901.
In any proceeding involving a hearing-impaired person, an appointing authority, on the appointing authority's own motion or on the motion of a party to the proceedings, may order that an electronic, visual recording of the testimony of the hearing-impaired person and its interpretation be made for use in verification of the official transcript of the proceedings.
(Jan. 28, 1988, D.C. Law 7-62, § 11, 34 DCR 7426.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-2710.
Legislative History of Laws
For legislative history of D.C. Law 7-62, see Historical and Statutory Notes following § 2-1901.
(a) There is established an Office of Interpreter Services ("Office") to facilitate the use of interpreters in administrative, judicial, and legislative proceedings in the District of Columbia.
(b) The duties and responsibilities of the Office shall include the following:
(1) The Office shall formulate and apply reasonable standards for evaluating the credentials and qualifications of persons who may serve as qualified interpreters in bilingual proceedings and proceedings involving hearing-impaired persons. In formulating and applying the standards for qualifications, the Office shall take into consideration such factors as education, training, experience, demonstrated current competence, and certification by a recognized private, federal, or state registry, board, or other organization that is determined by the Office to possess a sufficient level of competence, training, testing, and certification of interpreters in the particular language speciality of the interpreter.
(2) The Office shall establish and maintain a current list of qualified interpreters who are available to provide interpreter services in the District of Columbia. The list shall include the names of persons who are bilingual interpreters and oral or manual interpreters for hearing-impaired persons.
(3) The Office shall distribute the list of qualified interpreters to appointing authorities upon request.
(4) The Office shall coordinate all requests for interpreter services including scheduling and arranging to provide for all interpreter services requested by appointing authorities.
(5) The Office shall, pursuant to subchapter I of Chapter 5 of this title, issue rules that prescribe a schedule of reasonable fees for services rendered by interpreters and shall establish rules governing the method of payment.
(6) The Office shall pay for the salaries, fees, expenses, and costs incident to providing interpreter services as set forth in § 2-1912.
(7) The Office may perform other duties and functions as are necessary to facilitate the use of interpreter services in the District of Columbia.
(c)(1) Whenever an interpreter is required under this chapter, the appointing authority shall request the Office to assist in locating a qualified interpreter to provide interpreter services. The Office shall promptly assist in locating an interpreter and shall assist with scheduling and arranging to provide for the interpreter services. If the circumstances are such that the appointing authority is unable, or it is impractical, to request the assistance of the Office in locating a qualified interpreter, the appointing authority may arrange for and appoint a qualified interpreter whose name is included on a list of interpreters maintained by the Office.
(2) If none of the listed interpreters is available and communication with a communication-impaired person is required to ascertain information relating to a medical emergency or to determine whether or not to permit that person's immediate release from custody or detention, then the appointing authority shall appoint any person who is able to accurately and simultaneously communicate with and translate information to and from the particular communication-impaired person involved.
(d) In fulfilling the duties and responsibilities set forth in subsection (b) of this section, the Office may contract for interpreter services at a rate of compensation mutually agreed upon by the Office and the interpreter whose services are contracted for, compensate interpreters on an hourly rate or a per diem rate, employ interpreters on a full-time or part-time basis, use qualified volunteer services, or procure the services in any other method consistent with the District of Columbia law. The Office may, with the concurrence of an agency, department, or governmental entity, assign an interpreter to that agency, department, or governmental entity. The assignment shall be made in accordance with § 1-627.02.
(Jan. 28, 1988, D.C. Law 7-62, § 12, 34 DCR 7426; May 10, 1989, D.C. Law 7-231, § 39, 36 DCR 492.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-2711.
Legislative History of Laws
For legislative history of D.C. Law 7-62, see Historical and Statutory Notes following § 2-1901.
Law 7-231 was introduced in Council and assigned Bill No. 7-586, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 29, 1988 and December 13, 1988, respectively. Signed by the Mayor on January 6, 1989, it was assigned Act No. 7-285 and transmitted to both Houses of Congress for its review.
Delegation of Authority
Delegation of authority under D.C. Law 7-62, the Interpreters for the Hearing-Impaired & Non-English Speaking Persons Act of 1987, see Mayor's Order 90-132, October 5, 1990.
(a) An appointed interpreter shall receive a reasonable fee for the interpreter's services.
(b) The salaries, fees, expenses, and costs incident to providing the services of interpreters under this chapter shall be paid for by the Office.
(c) Except in cases in which the communication-impaired person is financially unable to obtain adequate interpreter services, the appointing authority in any court of the District of Columbia may direct that all or part of the salaries, fees, expenses, and costs incurred for interpreter services be apportioned among the parties in a civil action or may be taxed as costs in a civil action.
(Jan. 28, 1988, D.C. Law 7-62, § 13, 34 DCR 7426.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 31-2712.
Legislative History of Laws
For legislative history of D.C. Law 7-62, see Historical and Statutory Notes following § 2-1901.
Within 180 days of July 19, 2006, the Chief of Police shall develop and implement a General Order establishing procedures to certify qualified interviewers. The procedures shall include reasonable standards for evaluating the qualifications and credentials of persons who may serve as qualified interviewers. The standards shall take into consideration such factors as native speaking, education, training, experience, and demonstrated competence.
(Jan. 28, 1988, D.C. Law 7-62, § 13a, as added Apr. 24, 2007, D.C. Law 16-306, § 201(b), 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 201(c) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) addition, see § 201(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) addition, see § 201(c) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) addition, see § 201(c) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
For Law 16-306, see notes following § 2-1901.
