§ 2503.1.Interpreter For the Deaf Or Hard-Of-Hearing Privilege
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2023 · Last verified August 3, 2026
In one sentenceSection 2503.1 gives deaf, hard-of-hearing, and limited-English-proficient individuals a privilege over confidential communications relayed through a qualified interpreter, treating the interpreter as a conduit who cannot be compelled to disclose the conversation's contents.
1.An "interpreter" is a qualified legal interpreter for the deaf or hard-of-hearing, as defined by Section 2408 of Title 63 of the Oklahoma Statutes, or a spoken language interpreter for a Limited English Proficient (LEP) person;
2.A "deaf or hard-of-hearing person" is a person whose sense of hearing is nonfunctional for the ordinary purposes of life;
3.A "Limited English Proficient (LEP) person" is a person who cannot speak or easily understand English; and
4.A communication is "confidential" if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.
B.A person has a privilege to refuse to disclose and to prevent an interpreter from disclosing such person's confidential communication made while such interpreter is acting in the capacity as an interpreter for persons who are deaf or hard-of-hearing or LEP.
C.The privilege may be claimed by the interpreter, by the LEP or deaf or hard-of-hearing person, by the guardian or conservator of the LEP or deaf or hard-of-hearing person, or by the personal representative of the LEP or deaf or hard-of-hearing person if the LEP or deaf or hard-of-hearing person is deceased.
D.An interpreter who is employed to interpret, transliterate or relay a conversation between a person who can hear and speak English and a LEP or deaf or hard-of-hearing person is a conduit for the conversation and may not disclose or be compelled to disclose, through reporting or testimony, or by judicial process or subpoena, the contents of a confidential communication.
E.There is no privilege pursuant to this section for communications:
1.If the services of the interpreter were sought or obtained to enable or aid anyone to commit or plan to commit what the LEP or deaf or hard-of-hearing person knew, or reasonably should have known, to be a crime or fraud or physical injury to the LEP or deaf or hard-of-hearing person or another individual;
2.In which the LEP or deaf or hard-of-hearing person has expressed an intent to engage in conduct likely to result in imminent death or serious bodily injury to the LEP or deaf or hard-of-hearing person or another individual;
3.Relevant to an issue in a proceeding challenging the competency of the interpreter;
4.Relevant to a breach of duty by the interpreter; or
5.That are subject to a duty to disclose under statutory law.
Amendment History
Amended by Laws 2023, c. 73, s. 1, eff. 11/1/2023.
Added by Laws 1993, HB 1187, c. 297, § 1, emerg. eff. 6/7/1993; Amended by Laws 2002, HB 1939, c. 468,
§37, eff. 11/1/2002; Renumbered from 12 O.S. § 2506.1 by Laws 2002, HB 1939, c. 468, §78, eff. 11/1/2002;
Amended by Laws 2005, HB, c. 395, §10, eff. 11/1/2005.
Plain-English Summary
This section extends the same kind of confidentiality Oklahoma gives to doctors, clergy, and spouses to a different relationship: a deaf, hard-of-hearing, or limited-English-proficient (LEP) person and the qualified interpreter who relays their conversations. A communication is confidential if made privately, without an intent for further disclosure beyond the people present to further its purpose. The person -- or the interpreter, a guardian or conservator, or a personal representative if the person has died -- can claim the privilege, and subsection D makes the interpreter a conduit for the conversation who can't be compelled to disclose it through testimony, reporting, or subpoena.
The privilege gives way in five situations: when the interpreter's services were sought to help commit or plan a crime, fraud, or physical injury; when the deaf, hard-of-hearing, or LEP person has expressed intent to cause imminent death or serious bodily injury; in proceedings that challenge the interpreter's own competency or examine a breach of the interpreter's duty; and for communications some other statute already requires disclosing.
Frequently Asked Questions
Who does this privilege protect?
A deaf or hard-of-hearing person, or a Limited English Proficient (LEP) person, for confidential communications made through a qualified interpreter acting in that role.
Can the interpreter be forced to testify about what was said?
No. Subsection D treats the interpreter as a conduit for the conversation and bars compelling disclosure through testimony, reporting, or subpoena.
Does the privilege disappear if the conversation involved planning a crime?
Yes. Section 2503.1(E)(1) removes the privilege for communications sought to help commit or plan a crime, fraud, or physical injury.
Who can claim this privilege?
The interpreter, the LEP or deaf or hard-of-hearing person, that person's guardian or conservator, or their personal representative if they've died.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as:oklahoma interpreter privilegedeaf hard of hearing interpreter confidentialityLEP interpreter privilege oklahoma12 O.S. § 2503.1