6.8 2. Civil Courts and Agency Adjudications

• Library: Disability Law and Practice, Vol. 3 (NY) 2017

2.. Civil Courts and Agency Adjudications

New York law is clear that a certified interpreter must be provided without cost to deaf parties and witnesses in all New York civil court proceedings⁴⁹ and all adjudicatory proceedings before New York State agencies.⁵⁰ Despite the law’s clear mandate, serious problems exist.

For example, the competence of uncertified interpreters working in New York’s courts was challenged in a federal suit brought under the ADA.⁵¹ The Office of Court Administration entered into a stipulation of settlement in 1995, which provided for a variety of mechanisms intended to ensure that hired interpreters are able to meet the needs of deaf individuals. It included requirements that interpreters who lack RID certification be formally evaluated, and that those who are hired become certified within one year or be terminated.

As to...