Wis. Stat. § 885.38 establishes the requirements regarding interpreters in circuit and appellate court proceedings. Under current law, if the court determines that the person has limited English proficiency and that an interpreter is necessary, the court must advise the person of the right to a qualified interpreter if they are:
- A party in interest
- A witness, while testifying in a court proceeding
- An alleged victim
- A parent or legal guardian of a minor party in interest or legal guardian of a party in interest
- Another person affected by the proceedings, if the court determines that the appointment is necessary and appropriate
“Limited English proficiency” means:
- The inability, because of the use of a language other than English, to adequately understand or communicate effectively in English in a court proceeding, or
- The inability, due to a speech impairment, hearing loss, deafness, deaf-blindness, or other disability, to adequately hear, understand, or communicate effectively in English in a court proceeding
Under current law, “on request of any party, the court may permit an interpreter to act in any [civil or criminal] proceeding other than a trial by telephone or live audiovisual means.”
This bill removes the exclusion for criminal and civil trials, so that an interpreter may act by phone or video in any proceeding.
Title II of the ADA requires state and local government facilities (including courts) provide appropriate steps to ensure people with disabilities can participate, including ensuring “effective communication” through free, qualified interpreters.
Inaccurate interpretation raise constitutional concerns:
- The right to due process under the 5th and 14th Amendments
- The right to a fair trial and effective assistance of Counsel under the 6th Amendment
