45.285 Appointment of interpreter for party, witness or victim with disability; provision of assistive communication device
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45.285 Appointment of interpreter for party, witness or victim with disability; provision of assistive communication device.
(1)For the purposes of this section:
(a)“Assistive communication device” means any equipment designed to facilitate communication by a person with a disability.
(b)“Hearing officer” includes an administrative law judge.
(c)“Person with a disability” means a person who cannot readily understand the proceedings because of deafness or a physical hearing impairment, or cannot communicate in the proceedings because of a physical speaking impairment.
(d)“Qualified interpreter” means a person who is readily able to communicate with the person with a disability, interpret the proceedings and accurately repeat and interpret the statements of the person with a disability to the court.
(2)In any civil action, adjudicatory proceeding or criminal proceeding, including a court-ordered deposition if no other person is responsible for providing an interpreter, in which a person with a disability is a party or witness, the court, hearing officer or the designee of the hearing officer shall appoint a qualified interpreter and make available appropriate assistive communication devices whenever it is necessary to interpret the proceedings to the person with a disability, or to interpret the testimony of the person with a disability.
(3)In any criminal proceeding, the court shall appoint a qualified interpreter and make available appropriate assistive communication devices whenever it is necessary to interpret the proceedings to a victim who is a person with a disability and who seeks to exercise in open court a right that is granted by Article I, section 42 or 43, of the Oregon Constitution, including the right to be present at a critical stage of the proceeding.
(4)A fee may not be charged to the person with a disability for the appointment of an interpreter or use of an assistive communication device under this section. A fee may not be charged to any person for the appointment of an interpreter or the use of an assistive communication device if appointment or use is made to determine whether the person is a person with a disability for the purposes of this section.
(5)Fair compensation for the services of an interpreter or the cost of an assistive communication device under this section shall be paid:
(a)By the county, subject to the approval of the terms of the contract by the governing body of the county, in a proceeding in a county or justice court.
(b)By the city, subject to the approval of the terms of the contract by the governing body of the city, in a proceeding in a municipal court.
(c)By the state in a proceeding in a circuit court. Amounts payable by the state are not payable from the Public Defense Services Account established by ORS 151.225 or from moneys appropriated to the Oregon Public Defense Commission. Fees of an interpreter necessary for the purpose of communication between appointed counsel and a client or witness in a criminal case are payable from the Public Defense Services Account or from moneys appropriated to the Oregon Public Defense Commission.
(d)By the agency in an adjudicatory proceeding. [1991 c.750 §1; 1993 c.687 §6; 1999 c.1041 §5; 2001 c.962 §§67,68; 2003 c.75 §§79,80; 2007 c.70 §13; 2012 c.107 §40; 2015 c.155 §3; 2023 c.281 §21]