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An Interpreter In Court

Wis. Stat. 885.38 — a qualified interpreter at the public's expense, for language or for disability

Wisconsin defines limited English proficiency to include both the inability to communicate effectively in English because another language is used, and the inability to hear, understand or communicate effectively because of a speech impairment, hearing loss, deafness, deaf-blindness or other disability.

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At the public's expense. If the court determines a person has limited English proficiency and an interpreter is necessary, it advises the person of the right to a qualified interpreter at the public's expense, if the person is a party in interest, a witness while testifying, an alleged victim, a parent or guardian of a minor party, or another person the court finds it necessary and appropriate to include.

  • The court may appoint more than one interpreter when necessary, and appoints one for a juror whose limited proficiency comes from a disability.
  • With the court's approval, an interpreter may also work outside the courtroom on related matters, including court ordered examinations and mediation.
  • A waiver is accepted only after the court explains it and finds on the record that it was knowing, intelligent and voluntary, and it may be retracted for good cause.
  • Any party may object to an interpreter for good cause, and the court may remove one for good cause.

The oath. Every qualified interpreter swears to make a true and impartial interpretation. The delay of finding one may be good cause to toll time limits in the proceeding.

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 Wisconsin attorney.

Sources for this section (1)
  1. Wis. Stat. 885.38 — Interpreters in circuit and appellate courts

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.

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