OLRS Submits Comments on Proposed Amendments to the Rules of Superintendence
OLRS recently submitted written comments on the proposed amendments to the Rules of Superintendence of the Ohio Supreme Court. The proposed amendments address issues such as certification and general requirements for sign language interpreters for people who are deaf or hard of hearing.
OLRS commended the Ohio Supreme Court for sending a clear message that persons who are deaf or hard of hearing must be included and accommodated in courtroom proceedings. Also acknowledged was the Court's support for specialized certification, training and continuing education for sign language interpreters who work in courtroom settings.
Recommendations
OLRS expressed concern that the proposed definition of "sign language interpreter" may not include oral interpreters. OLRS stated the need to include oral interpreters in the definition, especially for those individuals who are deaf or hard of hearing who do not use sign language, but do lip-read English. The use of an oral interpreter, explained OLRS, might well have averted a situation in a recent criminal case where the trial judge seated a juror who was hard of hearing. In this case, the judge did not appoint an oral interpreter to assist the juror. The court of appeals reversed the defendant's conviction because there was no assurance that the juror did in fact hear all the testimony and because the juror had no way of discerning the defendant's voice inflections and demeanor on the 911 tape.
OLRS also recommended that the proposed amendments include a requirement for courts to appoint two or more interpreters in those cases where the court function will last two or more hours, is unusually complex or involves multiple participants who require interpreters. Furthermore, a third sign language interpreter was suggested if one of the parties is deaf and there is a need to interpret confidential communications between the party and counsel. The requirement to appoint two or more interpreters will ensure an accurate interpretation is conveyed to the person who is deaf or hard of hearing, OLRS concluded.
Read OLRS' comments to the Ohio Supreme Court: Comments on Proposed Amendments to the Rules of Superintendence (PDF file)
Article posted January 15, 2009
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