N.Y. Judiciary Law § 390: Equal access to court proceedings for deaf or hard of hearing person

§ 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.