In district court proceedings, the court shall endeavor to obtain the services of a courtroom interpreter with the highest available level of credential prior to accepting services of an interpreter with lesser credential and skill. Certified courtroom interpreters have the highest recognized level of credential in this state, and registered courtroom interpreters have the next highest level. When good cause is shown and the court has determined that it would not be practical, within a reasonable time frame, to secure the services of an individual certified under Sections 1701 through 1710 of this title, the court may utilize the services of a registered courtroom interpreter. When good cause is shown and the court has determined that it would not be practical, within a reasonable time frame, to secure the services of a registered courtroom interpreter, the court may utilize the services of a provisional interpreter or other person who does not hold a certified or registered credential. If the Board establishes additional levels of qualified interpreters, the court shall follow the recognized hierarchy of credential when endeavoring to obtain interpreter services. For purposes of this section, "good cause" means that due to the nature of the hearing, and time being of the essence, the securing of a certified or registered interpreter would not be possible due to the time, distance, or availability of a certified or registered interpreter. The court shall make a specific finding as to the good cause for the emergency circumstances. In addition, the non-credentialed person shall have reasonably demonstrated to the court and the parties such person's proficiency for the purposes of that hearing. It is also mandatory that the proceedings are audio taped, and in the event of deaf or hard of hearing individuals, audio and video taped. The recording shall be labeled and remain an official part of the record.
Added by Laws 2005, c. 427, § 10, eff. Nov. 1, 2005. Amended by Laws 2019, c. 288, § 8, eff. Nov. 1, 2019.