Section 92A. In any proceeding in any court in which a deaf or hearing-impaired person is a party or a witness, or proceeding involves a juvenile whose parent, or parents, is deaf or hearing-impaired, or in any proceeding before an executive or legislative board, commission, agency, bureau committee or other body of the state or political subdivisions involving a hearing-impaired person, such court or body shall appoint a qualified interpreter to interpret the proceedings, unless such deaf or hearing-impaired person knowingly, voluntarily, and intelligently waives, in writing the appointment of such interpreter. Such waiver is subject to the written approval of counsel where such deaf or hearing-impaired person is being represented by counsel. In no event shall the failure of the deaf or hearing-impaired person to request an interpreter be deemed a waiver of such appointment.
Whenever a deaf or hearing-impaired person is arrested for an alleged violation of a criminal law, including a local ordinance, the arresting officer shall procure and arrange payment for a qualified interpreter to assist such person regarding any interrogation, warning, notification of rights, or taking of a statement. No answer, statement, or admission, written or oral, made by a deaf or hearing-impaired person in response to any question by a law enforcement officer or any prosecutor, in his official capacity, in any criminal proceeding may be used against such deaf or hearing-impaired person unless such statement was made or elicited through a qualified interpreter and was made knowingly, voluntarily and intelligently or, in the case of waiver of interpreter, unless the court makes a special finding that any statement made by such deaf or hearing-impaired person was made knowingly, voluntarily and intelligently. In any criminal proceeding wherein counsel has been appointed to represent an indigent defendant, the court shall also appoint a qualified interpreter for such defendant, whenever such defendant is deaf or hearing-impaired to assist in communication with counsel in all phases of the preparation and presentation of the case.
In all proceedings involving an interpreter under this section, no testimony shall be admitted as evidence until: (1) the interpreter is so situated as to assure effective communication between all persons having a substantial interest in the outcome of such proceedings,
(2) the interpreter swears under oath, that he will provide a true and accurate interpretation of the proceedings to the best of his skill and judgment, and
(3) the person conducting such proceedings determines, on the basis of testimony of the interpreter and the deaf or hearing-impaired person, that such interpreter is able in that particular proceeding, to communicate accurately with and translate information to and from such deaf or hearing-impaired person involved.
If, at any time during the proceeding, it is determined that the interpreter is no longer able to provide effective communication between the parties, the person conducting such proceeding shall appoint another qualified interpreter or an intermediary interpreter in accordance with the provisions of this section.
For the purposes of this section, the following words shall have the following meanings:—
''Intermediary interpreter'', a person who, because of an intimate acquaintance with deaf or hearing-impaired persons who use mainly natural or unusual gestures for communicating, can act as a mediator between the hearing-impaired person and the qualified interpreter.
''Qualified interpreter'', a person skilled in sign language or oral interpretation and transliteration, has the ability to communicate accurately with a deaf or hearing-impaired person and is able to translate information to and from such hearing-impaired person, an interpreter shall be deemed qualified or intermediary as determined by the Office of Deafness, based upon the recommendations of the Massachusetts Registry of the Deaf, the Massachusetts State Association of the Deaf and other appropriate agencies. Said office of deafness shall coordinate all requests for qualified interpreters and shall maintain a list of all such interpreters from which it shall fill such requests.
An interpreter appointed pursuant to this section or section sixty-nine of chapter two hundred and thirty-four A, shall be reimbursed a reasonable fee by the commonwealth for his services, pursuant to a fee schedule established and promulgated by the chief administrative judge. Said schedule shall be based upon recommendations of the commission for the deaf and hard of hearing, established pursuant to the provisions of section one hundred and ninety-two of chapter six, the Massachusetts Registry of Interpreters for the Deaf, the Massachusetts State Association of the Deaf, and other appropriate agencies. Reimbursement for actual travel and ordinary living expenses shall be at the rates provided for employees of the commonwealth.
A client has a privilege to prevent a certified sign language interpreter from disclosing a confidential communication between one or more persons where the communication was facilitated by said interpreter. For purposes of this paragraph a client is a person rendered interpreting services by an interpreter; a communication is confidential if a client has a reasonable expectation or intent that it not be disclosed to persons other than those to whom such disclosure is made.
Nothing in this section shall be construed to prevent any department, board, commission, agency or licensing authority from employing a qualified interpreter, who is recommended by the office of deafness, on a full-time basis or under contract at a mutually agreed upon compensation rate.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title I - Courts and Judicial Officers
Chapter 221 - Clerks, Attorneys and Other Officers of Judicial Courts
Section 1 - Clerk of Court for Commonwealth; Appointment; Term, Etc.
Section 3 - Election of Clerks; Term
Section 4 - First Assistant Clerks; Appointment
Section 5 - Assistant Clerks; Appointment
Section 5a - Assistant and First Assistant Clerks; Practice of Law
Section 6a - Superior Court for County of Middlesex; Equity Clerk
Section 6b - Superior Court for County of Essex; Equity Clerk
Section 6c - Superior Court for County of Essex; Criminal Proceedings Clerk
Section 6d - Superior Court for County of Norfolk; Criminal Proceedings Clerk
Section 6e - Superior Court for County of Worcester; Equity Proceedings Clerk
Section 6f - Superior Court for County of Worcester; Criminal Proceedings Clerk
Section 6g - Superior Court for County of Middlesex; Criminal Proceedings Clerk
Section 6i - Superior Court for County of Plymouth; Equity Proceedings Clerk
Section 6j - Superior Court for County of Plymouth; Criminal Proceedings Clerk
Section 6k - Superior Court for County of Hampden; Equity Proceedings Clerk
Section 6l - Superior Court for County of Hampden; Criminal Proceedings Clerk
Section 6m - Superior Court for County of Bristol; Criminal Proceedings Clerk
Section 6n - Superior Court for County of Bristol; Civil Proceedings Clerk
Section 6o - Superior Court for County of Bristol; Equity Proceedings Clerk
Section 7 - Deputy Assistant Clerks
Section 9 - Temporary Assistant Clerks; Manner of Appointment
Section 10 - Temporary Clerk; Appointment by Court
Section 13 - Assistant Clerk; Notice to Secretary of State of Vacancies
Section 14 - General Duties of Clerks
Section 15 - Supreme Judicial Court in Suffolk; Duties of Clerk and Assistant Clerk
Section 16 - Superior Court in Suffolk; Duties of Clerk
Section 16a - Unified Session Clerk; Designation
Section 17 - Facsimile of Signature of Clerk; Signature of Assistant Clerk
Section 18 - Affidavits in Court Proceedings
Section 19 - Duty to Forward Notices of Appeal, etc., to Attorney General
Section 20 - Rescripts, Notice Of
Section 22 - Orders of Notice; Power of Clerk to Issue
Section 23 - Alphabetical List of Parties
Section 27 - Extension of Papers on Record
Section 27a - Obsolete or Useless Papers; Disposition, Destruction or Storage
Section 28 - Records; Duty of Clerk to Exhibit
Section 29 - Records; Duty of Justices to Inspect
Section 30 - Forfeiture of Bond
Section 31 - Misconduct in Office; Liability
Section 32 - Fees; Duty of Clerks to Account
Section 33 - Assistant Clerk; Duties
Section 34a - Establishment; Purpose; Membership; Term
Section 34b - Reports to Governor; Rules of Practice and Procedure
Section 34c - Compensation; Clerical Expenses
Section 35 - Appointment; Statements of Financial Interest
Section 36 - Examinations for Admission to Bar; Eligibility; Board Expenses
Section 36a - Admission to the Bar; Educational Requirements of World War II Veterans
Section 37 - Petition for Examination for Admission to the Bar; Fees
Section 38a - Aliens; Petitions and Examinations
Section 39 - Attorneys From Sister States; Conditions for Admissions
Section 40 - Removal; Grounds; Expenses
Section 41 - Unauthorized Practice of Law; Solicitation of Business; Penalty
Section 42 - Standing of Attorneys; Records
Section 43 - Claims for Damages; Solicitation Prohibited
Section 44 - Disqualification for Violation of Sec. 43
Section 44b - Copies of Sec. 44a; Furnishing to Hospitals; Posting
Section 45 - Sheriffs, Deputy Sheriffs and Constables; Practice of Law Prohibited
Section 46 - Practice of Law by Corporations; Prohibition; Exception
Section 46a - Practice of Law; Persons Authorized
Section 46b - Jurisdiction to Restrain Violation of Sec. 46, 46a or 46c
Section 46c - Furnishing Services to Debtor in Debt Pooling Plan; Unauthorized Practice of Law
Section 46d - Credit Counseling Corporations, Applicability of Secs. 46 to 46c
Section 48 - Prosecution or Defense of Own Suits; Restriction
Section 50 - Attorney's Lien for Fees; Enforcement
Section 50a - Discharge of State or Political Subdivision From Liability for Attorney's Lien
Section 50b - Claims; Summary Determination
Section 51 - Failure to Pay Client's Money; Penalty
Section 52 - Disqualification of Attorney to Act in Suits Previously Decided by Him
Section 53 - Masters in Chancery
Section 54 - Completion of Business on Expiration of Commission
Section 55 - Compensation of Masters, Etc.
Section 57 - Masters; Appointment
Section 58 - Masters; Hearings; Reports; Judgment
Section 59 - Auditors; Discharge by Court
Section 61 - Masters; Compensation and Travel Expenses
Section 62 - Reports of Masters
Section 62a - Masters; Death or Incapacity; Compensation
Section 62b - Clerks of Courts as Magistrates
Section 62c - Magistrates; Powers and Duties
Section 63 - Appointment; Tenure
Section 64 - Preparation of Reports; Time of Publication
Section 66 - Opinions; Duration and Manner of Keeping
Section 68 - Compensation of Reporter
Section 69 - Number; Compensation for Attendance
Section 69a - Court Officer Appointments and Removals; Security of John Adams Courthouse
Section 70 - Appointment; Security of John Adams Courthouse
Section 70a - Court Officers; Performance of Police Powers and Duties
Section 71a - Assistant Chief Court Officers in Suffolk County
Section 73 - Compensation in Suffolk County Land Court and Probate Court
Section 73b - Compensation in Suffolk County Supreme Judicial Court and Appeals Court
Section 75 - Deputy Sheriffs and Constables; Compensation
Section 76a - Superior Court in Suffolk County; Assistant Messenger
Section 77 - Premiums on Official Bonds; Payment
Section 78 - Supreme Judicial Court in Suffolk County; Service of Venires; Bond
Section 79 - Witnesses; Summoning in Suffolk and Worcester; Expenses
Section 80 - Uniforms of Court Officers
Section 81 - Double Compensation Prohibited
Section 82 - Appointment of Stenographers in Superior Court
Section 83 - Temporary Stenographers; Fees
Section 86 - Stenographer for Grand Jury; Appointment; Custody of Notes; Costs
Section 87 - Duties of Stenographers; Regulations
Section 88 - Furnishing Transcripts of Notes; Fees
Section 89 - Clerical Assistants
Section 90a - Services Rendered Outside Appointing County; Compensation; Statement
Section 91 - Superior Courts; Compensation of Stenographers
Section 91d - Court Reporters; Practices; Contracts
Section 92 - Appointment of Interpreters; Compensation
Section 93 - Supreme Judicial Court; Salaries of Clerks
Section 94 - Manner of Payment; Salaries of Clerks and Assistant Clerks
Section 99 - Traveling Expenses
Section 100 - Temporary and Assistant Clerks; Salaries