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This entry was published on 2015-10-02
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Equal access to court proceedings for deaf or hard of hearing person
Judiciary (JUD) CHAPTER 30, ARTICLE 12
§ 390. Equal access to court proceedings for deaf or hard of hearing
person. 1. Whenever any deaf or hard of hearing person is a party to a
legal proceeding of any nature, or a witness or juror or prospective
juror therein, the court in all instances shall appoint a qualified
interpreter who is certified by a recognized national or New York state
credentialing authority as approved by the chief administrator of the
courts to interpret the proceeding to, and the testimony of, such deaf
or hard of hearing person; provided, however, where compliance with this
section would cause unreasonable delay in court proceedings, the court
shall be authorized to temporarily appoint an interpreter who is
otherwise qualified to interpret the proceedings to, and the testimony
of, such deaf or hard of hearing person until a certified interpreter is
available. In any criminal action in a state-funded court, the court
shall also appoint such an interpreter to interpret the proceedings to a
deaf or hard of hearing person who is the victim of the crime or may
appoint such interpreter for the deaf or hard of hearing members of the
immediate family (parent or spouse) of a victim of the crime when
specifically requested to do so by such victim or family member. The fee
for all such interpreting services shall be a charge upon the state at
rates of compensation established by rule of the chief administrator;
except that where such interpreting services are rendered in a justice
court, the fee therefor shall be paid as provided by law in effect on
July first, nineteen hundred ninety-one.

2. (a) Notwithstanding the provisions of subdivision one of this
section, a court may, upon request of a deaf or hard of hearing person
or upon its own motion, and in lieu of appointing an interpreter as
otherwise required in such subdivision one, provide an assistive
listening device, a stenographer who can furnish communication access
real-time translation or any other appropriate auxiliary aid or service.

(b) For purposes of this subdivision, the following terms shall have
the following meanings:

(i) "Stenographer" means any individual who fulfills the requirements
of section two hundred ninety-one of this chapter.

(ii) "Communication access real-time translation (CART)" means the
instantaneous translation of everything that is spoken in the court room
via a real-time feed, which by means of software converts shorthand
transcription into real-time captioning immediately which can be
displayed on a computer or monitor.