RULE 28. INTERPRETERS
The court may select, appoint, and set
the reasonable compensation for an interpreter. The
compensation must be paid from funds provided by law or as the court directs.
If a person with limited English proficiency or a deaf person is involved in a proceeding as a defendant, witness, person with legal decision-making authority, or person with a significant legal interest in the matter, the court must provide an interpreter.
Rule 28 was amended, effective March 1, 2006; March 1, 2014.
Rule 28 is an adaptation of F.R.Crim.P. 28. It differs from the federal rule by
compensation for interpreters may be paid out of funds as provided by state law or as the
Rule 28 was amended, effective March 1, 2014, to reflect the American Bar Association Standards for Language Access in Courts.
Former subdivision (a) provided for the appointment of expert witnesses. This provision was deleted, effective March 1, 2006, because N.D.R.Ev. 706 covers the topic of court-appointed expert witnesses in detail.
Rule 28 is consistent with existing state law, N.D.C.C. § 31-01-11, which authorizes
the court to appoint
and provide for the compensation of interpreters. Rule 28
court to appoint interpreters in all appropriate circumstances. The purpose of
the rule is to
assist non-English-speaking or deaf defendants, witnesses, persons with legal
decision-making authority, or persons with a significant legal interest in the matter in
the proceedings or in communicating with assigned counsel. N.D.Sup.Ct.Admin.R. 50
provides guidance on interpreter qualifications and requirements.
Rule 28 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Sources: Joint Procedure Committee Minutes of April 25-26, 2013, pages 16-18; January 31-February 1, 2013, pages 12-15; January 27-28, 2005, pages 22-23; October 17-20, 1972, pages 32-33; February 20-21, 1969, pages 4-5; Fed.R.Crim.P. 28.
for criminal process only: N.D.C.C. §
Considered: N.D.C.C. §§ 28-26-06,
Cross References: N.D.R.Ev. 604 (Interpreters); N.D.R.Ev. 706 (Court Appointed Experts); N.D.R.Ct. 6.10 (Courtroom Oaths); N.D. Sup. Ct. Admin. R. 50 (Court Interpreter Qualifications and Procedures).