TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: September 8, 2014
RE: Rule 43, N.D.R.Civ.P, Evidence; Rule 28, N.D.R.Crim.P., Interpreters; Rule 50, N.D. Sup. Ct. Admin. R., Court Interpreter Qualifications and Procedures
The state court administrator has been working under the direction of the Supreme Court to implement the March 31, 2014, amendments to Rule 43 and Rule 28. As part of this work, material providing more detail about when the courts will pay for interpreters is proposed for inclusion in Admin. Rule 50. Additional amendments to Rule 43 and Rule 28 have also been proposed. The committee has been requested to review and comment on the proposed amendments.
The Court has requested that Rule 43 and Rule 28 make two things clear: (1) that when an interpreter is needed, the court will provide one and (2) if a person is eligible for an interpreter under Rule 43 or Rule 28 but is not eligible for free interpreter services under one of the means listed in Rule 50, the court may seek reimbursement based on the person's ability to pay. The committee may wish to discuss whether the proposed amendments fulfill the Court's request for clarity.