Chapter 5. General Powers And Authority Of The Governor, Secretary Of State And Attorney General; Board Of Public Works; Miscellaneous Agencies, Commissions, Offices, Programs, Etc


Published: 2015

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WEST VIRGINIA CODE











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WVC 5-

CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

WVC 5-14A-

ARTICLE 14A. WEST VIRGINIA INTERPRETER FOR THE DEAF ACT.







WVC 5-14A-1

§5-14A-1. Short title.

This article shall be known and may be cited as the "West

Virginia Interpreter for the Deaf Act."







WVC 5-14A-2

§5-14A-2. Definitions.

As used in this article:

(a) "Deaf person" means one whose sense of hearing is

nonfunctional for the ordinary purposes of life;

(b) "Qualified interpreter" means an interpreter certified by

the national association of the deaf (NAD) or registry of

interpreters for the deaf (RID), or, in the event an interpreter so

certified is not available, an interpreter whose qualifications are

otherwise determined;

(c) "Oral interpreter" means a person who interprets language

through facial and lip movements; and

(d) "Appointing authority" means any court, department, board,

commission, agency, licensing authority, political subdivision or

municipality of the state required to provide an interpreter.







WVC 5-14A-3

§5-14A-3. Appointment of interpreter in court action or grand

jury proceeding.

(a) In any case before any court or the grand jury, wherein

any deaf person is a complainant, defendant or witness, a qualified

interpreter to interpret the proceedings to the deaf person and

interpret his or her testimony or statements and to assist in

preparation with counsel shall be appointed as provided under the

provisions of section seven, article five, chapter fifty-seven of

this code. The court shall work closely with West Virginia

commission for the deaf and hard-of-hearing in finding the right

interpreter for any duty in court.

(b) Efforts to obtain the services of a qualified interpreter

certified with a legal skills certificate, or a comprehensive oral

interpreting certificate will be made prior to accepting services

of an interpreter with lesser certification. No qualified

interpreter shall be appointed unless the appointing authority and

the deaf person make a preliminary determination that the

interpreter is able to communicate readily with the deaf person and

is able to interpret accurately the statement of the deaf person

and interpret the proceedings in which a deaf person may be

involved.







WVC 5-14A-4

§5-14A-4. Arrests -- Appointment of an interpreter.

(a) In the event a person who is deaf is arrested and taken

into custody for any alleged violation of a criminal law of this

state, the arresting officer or his or her superiors shall procure

a qualified interpreter in order to interrogate properly such deaf

person and to interpret such person's statements. No statement

taken from the deaf person before an interpreter is present may be

admissible in court.

(b) An oral interpreter shall be provided upon the request of

a deaf person entitled to an interpreter under this article, but

who does not communicate in sign language. The right of a deaf

person to an interpreter may not be waived except by a deaf person

who does not use sign language and who initiates the request for

waiver in writing. The waiver is subject to approval of legal

counsel for the deaf person, if any, and is subject to approval of

the appointing authority.







WVC 5-14A-5

§5-14A-5. Administrative proceedings -- Appointment of

interpreter.

(a) In any proceeding before any department, board,

commission, agency or licensing authority of the state, in any

political subdivision or municipality, wherein any deaf person is

a defendant, the department, board, commission, agency, licensing

authority, political subdivision or municipality shall appoint a

qualified interpreter to interpret the proceedings to the deaf

person and to interpret his or her testimony or statements if said

deaf person requests an interpreter.

(b) In a proceeding before any department, board, commission,

agency or licensing authority of the state, in any political

subdivision or municipality, wherein any deaf person is an

applicant, complainant or principal witness, the department, board,

commission, agency, licensing authority, political subdivision or

municipality may appoint a qualified interpreter to interpret the

proceedings to the deaf person and to interpret his or her

testimony or statements if said deaf person requests an

interpreter.







WVC 5-14A-6

§5-14A-6. Notice of necessity of interpreter -- Proof of deafness.

Every deaf person whose appearance in any proceeding entitles

him or her to an interpreter shall notify the appointing authority

of his or her desire for an interpreter at least forty-eight hours

prior to any appearance and may request at the time the services of

an interpreter: Provided, That if a deaf person reasonably expects

the need for an interpreter for a period greater than a single day,

he or she shall notify the appointing authority and the

notification shall be sufficient for the duration of his or her

participation in the proceedings.

An appointing authority may require a person requesting the

appointment of an interpreter to furnish reasonable proof of his or

her deafness when the appointing authority has reason to believe

that the person is not deaf.







WVC 5-14A-7

§5-14A-7. Processing request for interpreter -- Duties and

responsibilities.

It shall be the responsibility of the appointing authority to

channel requests for qualified interpreters through the West

Virginia commission for the deaf and hard-of-hearing except as

provided under the provisions of section seven, article five,

chapter fifty-seven of this code. This listing shall be made

available to authorities in possible need of interpreter service as

provided in this article.







WVC 5-14A-8

§5-14A-8. Confirmation of accuracy of interpretation.

Before a qualified interpreter may participate in any

proceedings under the provisions of this article, the interpreter

shall make an oath or affirmation that he or she will make a true

interpretation in an understandable manner to the deaf person for

whom he or she is appointed and that he or she will interpret the

statements of the deaf person desiring that statements be made, in

the English language to the best of his or her skill and judgment.

The appointing authority shall provide recess periods as necessary

for the interpreter when the interpreter so indicates. Any and all

information that the interpreter gathers from the deaf person

pertaining to any proceeding then pending shall at all times remain

confidential and privileged, or on a equal basis with the

attorney-client privilege, unless the deaf person desired that the

information be communicated to other persons.







WVC 5-14A-9

§5-14A-9. Interpreter fee; authority for legislative rules.

Notwithstanding the provisions of section seven, article five,

chapter fifty-seven with respect to fees, an interpreter appointed

under the provisions of this article shall be entitled to a

reasonable fee to be established by the West Virginia commission

for the deaf and hard-of-hearing under a fee schedule promulgated

by legislative rule pursuant to the provisions of chapter

twenty-nine-a of this code. When the interpreter is appointed by

a court, the fee shall be paid out of the local court fund and when

the interpreter is otherwise appointed, the fee shall be paid out

of funds available to the appointing authority.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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