6.7Use of Interpreters¹

A.Use of Sign Language Interpreter

“In any action before a court or a grand jury where a deaf or deaf-blind person is a participant in the action, either as a plaintiff, defendant, or witness, the court shall appoint a qualified interpreter to interpret the proceedings to the deaf or deaf-blind person, to interpret the deaf or deaf-blind person’s testimony or statements, and to assist in preparation of the action with the deaf or deaf-blind person’s counsel.” MCL 393.503(1).

Committee Tip:

It is strongly suggested that a family member of witnesses not be appointed as a sign language interpreter for a witness or party. See generally MCR 1.111(E)(1)(b) (appointing a family member as a foreign language interpreter may create a conflict, and the court must articulate a reason on the record for appointing that person).

 

“The right of a deaf or deaf-blind person to a qualified interpreter shall not be waived except by a request for waiver in writing by the deaf or deaf-blind person. A written waiver of a plaintiff or defendant is subject to the approval of the deaf or deaf-blind person’s counsel and the approval of the appointing authority.” MCL 393.503(3).

For additional information on the procedures and requirements for using a sign language interpreter in court proceedings, see the Deaf Persons’ Interpreters Act, MCL 393.501 et seq. Further discussion on the requirements under the Americans With Disabilities Act, 42 USC 12101 et seq., including the Michigan Supreme Court Administrative Order, ADM File No. 2015-5 and Model LAO 35, effective September 16, 2015, are available on the Court’s website.

B.Use of Foreign Language Interpreter

A party or witness with limited English proficiency is entitled to a court-appointed foreign language interpreter² if the interpreter’s “services are necessary for the person to meaningfully participate in the case or court proceeding[.]” MCR 1.111(B)(1).³ 

Note: The court should avoid appointing an interpreter that has potential to create a conflict of interest. See MCR 1.111(E)(1), which lists certain persons that raise potential conflict of interest issues:

“(1) The court should use all reasonable efforts to avoid potential conflicts of interest when appointing a person as a foreign language interpreter and shall state its reasons on the record for appointing the person if any of the following applies:

(a) The interpreter is compensated by a business owned or controlled by a party or a witness;

(b) The interpreter is a friend, a family member, or a household member of a party or witness;

(c) The interpreter is a potential witness;

(d) The interpreter is a law enforcement officer;

(e) The interpreter has a pecuniary or other interest in the outcome of the case;

(f) The appointment of the interpreter would not serve to protect a party’s rights or ensure the integrity of the proceedings;

(g) The interpreter does have, or may have, a perceived conflict of interest;

(h) The appointment of the interpreter creates an appearance of impropriety.” MCR 1.111(E)(1)(a)-(h).

“A person may waive the right to a foreign language interpreter established under [MCR 1.111(B)(1)] unless the court determines that the interpreter is required for the protection of the person’s rights and the integrity of the case or court proceeding. The court must find on the record that a person’s waiver of an interpreter is knowing and voluntary. When accepting the person’s waiver, the court may use a foreign language interpreter. For purposes of this waiver, the court is not required to comply with the requirements of [MCR 1.111(F)⁴] and the foreign language interpreter may participate remotely.” MCR 1.111(C).

The State Court Administrative Office (SCAO) has provided quick reference guides for court-appointed foreign language interpreters under MCR 1.111. See SCAO’s Bench Card, Appointment of Interpreters; SCAO’s Quick Reference Guide, Judge’s Quick Guide to Foreign Language Access; SCAO’s Quick Reference Guide, Interpreters in the Judicial System.

For more information on court-appointed foreign language interpreters under MCR 1.111, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 1, Chapter 1.