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.
Rule 28 was amended, effective March 1, 2006.
Rule 28 is an adaptation of Fed.R.Crim.P. 28. It differs from the federal rule by providing that compensation for interpreters may be paid out of funds as provided by state law or as the court directs.
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 permits the court to appoint interpreters in all appropriate circumstances. The purpose of the rule is to assist non-English-speaking defendants in understanding the proceedings or in communicating with assigned counsel.
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 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.
SUPERSEDED FOR CRIMINAL PROCESS ONLY: N.D.C.C. § 31-01-12
CONSIDERED: N.D.C.C. §§ 28-26-06, 31-01-11, ch. 29-20.
CROSS REFERENCE: N.D.R.Ev. 706 (Court Appointed Experts); N.D. Sup. Ct. Admin. R. 50 (Court Interpreter Qualifications and Procedures).