                                 CODE OF VIRGINIA

INTERPRETERS FOR THE DEAF (SUPREME COURT RULE 2:507 DERIVED IN PART FROM THIS
SECTION) (§ 19.2-164.1)

In any criminal case in which a deaf person is the accused, an interpreter for
the deaf person shall be appointed. In any criminal case in which a deaf person
is the victim or a witness, an interpreter for the deaf person shall be
appointed by the court in which the case is to be heard unless the court finds
that the deaf person does not require the services of a court-appointed
interpreter and the deaf person waives his rights. Such interpreter shall be
procured by the judge of the court in which the case is to be heard through the
Department for the Deaf and Hard-of-Hearing.
		The compensation of an interpreter appointed by the court pursuant to this
section shall be fixed by the court and 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; if the Department cannot procure such services, then the court may
appoint a readily available interpreter with full certification from the
Registry of Interpreters for the Deaf, Inc., or an equivalent national
certification. Such court-appointed interpreter&#8217;s qualifications are
subject to review and approval by the Department for the Deaf and
Hard-of-Hearing.
		Any person entitled to the services of an interpreter under this section may
waive these services for all or a portion of the proceedings. Such a waiver
shall be made by the person upon the record after an opportunity to consult with
legal counsel. A judicial officer, utilizing an interpreter obtained in
accordance with this section, shall explain to the deaf person the nature and
effect of any waiver. Any waiver shall be approved in writing by the deaf
person&#8217;s legal counsel. If the person does not have legal counsel,
approval shall be made in writing by a judicial officer. A person who waives his
right to an interpreter may provide his own interpreter at his own expense
without regard to whether the interpreter is qualified under this section.
		The provisions of this section shall apply in both circuit courts and district
courts.
		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.
		In any judicial proceeding, the judge on his own motion or on the motion of a
party to the proceeding may order all of the testimony of a deaf person and the
interpretation thereof to be visually electronically recorded for use in
verification of the official transcript of the proceedings.

HISTORY: 1982, c. 444; 1985, c. 396; 1995, c. 546; 1996, c. 402; 2023, cc. 415,
416.