An Interpreter In Court
Jud. Law § 390 — a certified interpreter in all instances for a deaf or hard of hearing party, witness or juror
New York's statute is specific to deafness and hearing loss, and it is written as a duty with no exceptions in its first sentence.
- Whenever a deaf or hard of hearing person is a party to a legal proceeding of any nature, or a witness, juror or prospective juror in it, the court in all instances appoints a qualified interpreter certified by a recognized credentialing authority to interpret the proceeding to that person and their testimony.
- Where that would cause unreasonable delay, the court may appoint an otherwise qualified interpreter temporarily until a certified one is available.
- In a criminal action in a state funded court, the court also appoints an interpreter for a deaf or hard of hearing victim, and may appoint one for the victim's deaf or hard of hearing parent or spouse on request.
- On request or on its own motion, the court may instead provide an assistive listening device, a real time captioning stenographer, or another appropriate auxiliary aid.
Who pays. The fee for those interpreting services is a charge upon the state, at rates set by rule of the chief administrator of the courts, except in a justice court, where it is paid as the earlier law provided.
Other languages. Where an interpreter is required in any court and no unemployed official interpreter is available, the court may appoint one temporarily, who files the constitutional oath of office with the clerk before starting.
Court rules on interpreter certification, scheduling, and the interpreter's code of conduct sit alongside the statute and are not on this page. Whether a particular proceeding was interpreted adequately, and what follows if it was not, are questions for a licensed New York attorney.
Sources for this section (2)
- Jud. Law § 390 — Equal access to court proceedings for deaf or hard of hearing person
- Jud. Law § 387 — Temporary appointment of interpreters
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.