§ 8.01-384.1.Interpreters for deaf or hard of hearing in civil proceedings.

A civil proceeding only works if the people in it can understand and be understood. Section 8.01-384.1 gives Virginia courts the tool to make that possible for a speech-impaired party or witness, or one who is deaf or hard of hearing. The court has discretion to appoint a qualified interpreter on its own, but that discretion disappears once the person asks for one — at that point the court has to make the appointment.

The section sets up a sourcing hierarchy for finding that interpreter. The first stop is the Department for the Deaf and Hard-of-Hearing. Only if the Department cannot procure an interpreter does the court turn to a readily available interpreter holding full certification from the Registry of Interpreters for the Deaf, Inc., or an equivalent national certification — and even then, the Department reviews and approves that interpreter’s qualifications.

Nobody is forced to use the interpreter the court provides. A person eligible for one may waive it, for all or part of the proceeding, and may instead bring in an interpreter of their own choosing and at their own expense, without that interpreter needing to meet the qualification standard this section otherwise requires. Compensation for a court-appointed interpreter comes from the general fund of the state treasury as the court fixes it, though the court can instead assess that cost as part of the proceeding’s costs. The whole section applies equally in circuit courts and district courts.