Interpreters

Under California and federal law and policy, you have a right to a qualified interpreter if you are a party, witness, juror or lawyer in a state or federal court or administrative hearing. You should not be excused from jury duty just because you are deaf. Small claims and traffic court are included as are family court counseling and court provided or ordered mediation and arbitration services. Administrative hearings involve drivers’ licenses, unemployment insurance, SSI, welfare benefits and many other areas of the law.

The police must attempt to obtain an interpreter, if needed, to communicate with you as a victim, witness or suspect. If the police ask you questions, your answers may not normally be used against you in court unless the police use an interpreter.

Federal and state laws say that many public and private offices, businesses and schools (including adult schools, colleges and universities) must provide a qualified interpreter if you need one and you are their customer, client, or student. These laws apply to state offices like EDD, CHP, and DMV, and local city and county offices. Hospitals, clinics, and mental health centers are covered by these laws and must also provide a qualified interpreter if needed and you are a patient, patient’s spouse or parent. Your lawyer, doctor, accountant or other professional or business person must also provide a qualified interpreter, if needed, in order to serve you properly. There is no legal obligation to provide an interpreter in the above situations if to do so would be an undue burden on the business or agency.

You may file a complaint with the state or federal department that funds or, in some cases, licenses the service or, in most other cases, with the U.S. Department of Justice or the State Department of Fair Employment and Housing. Complaints to state agencies must be filed within one year; to federal agencies, generally six months. (See discussion under Business, Consumer, & Public Facilities.)