                                 CODE OF VIRGINIA

INTERPRETERS FOR NON-ENGLISH-SPEAKING PERSONS (SUPREME COURT RULE 2:507 DERIVED
IN PART FROM THIS SECTION) (§ 19.2-164)

In any criminal case in which a non-English-speaking person is the accused, an
interpreter for the non-English-speaking person shall be appointed. In any
criminal case in which a non-English-speaking person is a victim or witness, an
interpreter shall be appointed by the judge of the court in which the case is to
be heard unless the court finds that the person does not require the services of
a court-appointed interpreter. An English-speaking person fluent in the language
of the country of the accused, a victim or a witness shall be appointed by the
judge of the court in which the case is to be heard, unless such person obtains
an interpreter of his own choosing who is approved by the court as being
competent. The compensation of an interpreter appointed by the court pursuant to
this section shall be fixed by the court in accordance with guidelines set by
the Judicial Council of Virginia and shall be paid from the general fund of the
state treasury as part of the expense of trial. Such fee shall not be assessed
as part of the costs unless (i) an interpreter has been appointed for the
defendant, (ii) the defendant fails to appear, (iii) the interpreter appears in
the case and no other case on that date, and (iv) the defendant is convicted of
a failure to appear on that date the interpreter appeared in the case, then the
court, in its discretion, may assess as costs the fee paid to the interpreter.
Whenever a person communicates through an interpreter to any person under such
circumstances that the communication would be privileged, and such person could
not be compelled to testify as to the communications, this privilege shall also
apply to the interpreter. The provisions of this section shall apply in both
circuit courts and district courts.

HISTORY: Code 1950, § 19.1-246.1; 1966, c. 240; 1974, c. 110; 1975, c. 495;
1978, c. 601; 1982, c. 444; 1985, c. 396; 1995, c. 546; 1996, c. 402; 2003, c.
1011; 2007, c. 383.