An Interpreter In Court
Va. Code 19.2-164 — an interpreter for a non-English-speaking accused, paid by the state
Virginia splits the duty by kind of case: in criminal cases it is mandatory, in civil cases the court may appoint.
- In any criminal case in which a non-English-speaking person is the accused, an interpreter for that person is appointed.
- Where a non-English-speaking person is a victim or witness in a criminal case, an interpreter is appointed unless the court finds the person does not need one.
- In a civil case in which a non-English-speaking person is a party or witness, the court may appoint an interpreter.
- In either kind of case the person may obtain an interpreter of their own choosing, if the court approves that interpreter as competent.
Who pays. In criminal cases the interpreter's compensation is paid from the state treasury as part of the expense of trial, and is not assessed as costs except where an interpreter appointed for a defendant appeared and the defendant failed to appear and is convicted of that failure to appear. In civil cases the court may assess the amount against either party as part of the costs.
Privilege. Where a communication made through an interpreter would be privileged, the privilege applies to the interpreter as well.
Interpreters for people who are deaf or hard of hearing are covered by a separate section. 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 Virginia attorney.
Sources for this section (2)
- Va. Code 19.2-164 — Interpreters for non-English-speaking persons
- Va. Code 8.01-384.1:1 — Interpreters for non-English-speaking persons in civil cases
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.