The responsibility for providing an interpreter during a criminal proceeding falls on the prosecution. The prosecutor must be made aware of the need for an interpreter. The prosecutor should then notify the court that an interpreter must be made available on the day the individual must be present in court. This interpreter is to relay the communications that take place in the courtroom itself to the defendant. If the defendant addresses the court, the interpreter is to also relay the communications from the defendant to the court.
If an individual requires an accommodation to be in place on the court day to allow for meaningful participation in the proceeding and that accommodation is not provided on the day of the hearing, the attorney should request a continuance. For instance, if you and your client appear on the day of the hearing and the ASL interpreter is not there or was not notified, the court should be made aware that communication is not possible without the interpreter and that the proceeding should not take place.
For civil matters, the individual requiring the use of an interpreter is responsible for taking steps to ensure an interpreter is present on the day of the hearing. The party may seek guidance from the court, particularly if the court has interpreters that they regularly use who may be available. However, the cost of the interpreter’s services may need to be paid by the party.