Durham County
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The courts provide interpreters at no cost to you for all civil and criminal court appearances before a judge, magistrate, or clerk of court. This includes criminal cases, traffic tickets, evictions, foreclosures, divorce, child support, child custody, guardianship, money disputes, etc.
The court will provide you with an interpreter for court whether you have an attorney or not. Interpreters are also provided for conversations between prosecutors and victims or witnesses, between court-appointed attorneys and their clients, and between Guardian ad Litem Program attorneys and the parties involved in the case.
If you need to request ADA accommodations, such as an American Sign Language interpreter, please use the request form under Disability Access instead.
Frequently Asked Questions
When the Court Will Appoint an Interpreter?
The court shall require an interpreter for any court proceeding involving a party in interest who speaks a language other than English as his primary language and has a limited ability to read, speak, or understand English.
Who can get a court interpreter?
The courts will provide an interpreter in court for a “party in interest” who speaks a language other than English as a primary language and has a limited ability to read, speak, or understand English.
You are a “party in interest” if you are:
- The person who filed the lawsuit (the “plaintiff”), the person being sued, or the person charged in a criminal case (the “defendant”)
- A victim in a criminal case
- A witness in any case
- A parent, legal guardian, or custodian of a minor party
- A legal guardian or custodian of an adult party
When will the courts not provide interpreters?
The state does not cover the cost of an interpreter for:
- Communication between attorneys hired by the client (not court-appointed) and clients, except while a judge is hearing the case.
- Communication between Legal Aid attorneys or other non-profit attorneys and clients, except while a judge is hearing the case.
- Communication between people with a court case and Department of Social Services attorneys or Child Support Enforcement agents.
- Probation and parole functions.
- Law enforcement (police) functions.
- Criminal court mediations.
- Private mediations and arbitrations.
How to Request a Court Interpreter
You or your attorney should submit a request for an interpreter to the local Language Access Coordinator (LAC). Written requests should be submitted electronically by completing the Request for Spoken Foreign Language Court Interpreter Form.
Requests for interpreters should be submitted at least ten (10) business days prior to the scheduled court proceeding.
If you have not requested an interpreter prior to the court date, you should notify the courtroom clerk or magistrate that you need an interpreter as soon as you arrive for the court proceeding. If the LAC has insufficient time to find a qualified court interpreter, your proceeding will be continued.
Who Pays for the Court Interpreter?
The Judicial Branch will provide an interpreter at state expense in all civil and criminal court proceedings before a magistrate, clerk of superior court, district court, judge, superior court judge, the Court of Appeals, or the Supreme Court.
The Judicial Branch will provide an interpreter at state expense for child custody mediation, permanency mediation, and child planning conferences.
The Judicial Branch will provide an interpreter at state expense to facilitate communication involving the district attorney, indigent defendants or respondents and appointed counsel, or the Guardian ad Litem Program.
The Judicial Branch will not provide an interpreter at state expense for out-of-court communications between privately retained counsel and their civil clients, privately retained counsel and their non-indigent criminal defendants, for probation and parole functions, and for private mediations and arbitrations.
What If I Need an Interpreter Outside of the Courtroom?
Outside of the courtroom, the Judicial Branch offers telephone interpreting services to help LEP individuals communicate with court personnel. Tell the staff person that you need an interpreter, and the staff person will arrange for an interpreter to assist you by phone at no charge to you. When you ask for the interpreter, say the name of the language you speak or point to your language on an I-Speak card provided by the staff person.
What is the court interpreter’s role?
The interpreter will interpret everything you say into English and will interpret everything said in court in English into your language. The interpreter will interpret any communication between you and the judge, and any brief communication you need to have with your attorney during the hearing before the judge. The interpreter will not share any of the information outside of the court. The interpreter will not give legal advice or explain what is happening in court. Ask your attorney or the judge if you have questions about what is happening. The interpreter will interpret your questions for your attorney or the judge, but cannot answer questions for you.
What the Court Interpreter Will Do
- Before the proceeding begins, the court interpreter will need to hear you speak in your native language and will explain his role as a court interpreter.
- During your court proceeding, the court interpreter will help you to communicate with your lawyer, court personnel, and the judge.
- The court interpreter will interpret everything you say into English and will interpret everything said in court into your native language.
- The court interpreter will interpret everything that is said without adding, omitting, or changing anything.
- The court interpreter will maintain confidentiality of any information you have disclosed outside of the court proceeding.
What the Court Interpreter Will Not Do
- The court interpreter will not give you legal or any other advice.
- The court interpreter will not talk to you about your case.
- The court interpreter will not explain what words mean or what is happening in court.
- The court interpreter will not answer questions about the law or the legal process.
- The court interpreter will not have private conversations with you or your family.
- The court interpreter will not complete forms for you.
Tips for Working with a Court Interpreter
- Speak clearly and at a moderate pace, and remember to pause between complete thoughts when your answers are long.
- Listen to the court interpreter and respond only in your native language, even if you understand some English.
- Speak directly to the person asking the question or speaking to you, not to the court interpreter.
- Wait for the interpreter to finish speaking before you speak.
- Respond to the court interpreter’s hand signals to slow down or to stop talking so that he can interpret what you said.
- Ask the court interpreter to repeat what he has interpreted, to speak louder, or to speak more slowly, if necessary.
- If you choose to use an interpreter, you must testify entirely in your non-English language. You cannot testify partly in English and partly through an interpreter, even if you can speak and understand some English.
Can Family and Friends Serve as Court Interpreters?
No. Your family or friends can help you communicate with court staff outside the courtroom. However, only court-approved interpreters can serve as court interpreters in official court proceedings.
If I speak some English, can I still get an interpreter?
Yes, if your ability to speak or understand English is limited.
What languages are available?
The Office of Language Access Services will find an interpreter for any language necessary so that a party in interest can fully and fairly participate in court. Many larger counties have Spanish court interpreters on staff. With advance notice, interpreters can be scheduled for many other languages. If you do not request the interpreter in advance, you still have a right to an interpreter in court, but your court date may be delayed.
What if I am in court and need an interpreter but did not request one in advance?
If you need an interpreter, you can tell the judge when your case is called, or you can tell the courtroom clerk before your case is called. Depending on availability, an interpreter may or may not be available for you that day. If a qualified court interpreter is not available, your case will generally be “continued” or postponed until another day.
Can an interpreter help me talk to court staff outside the courtroom, such as the clerk of court?
Yes. Phone interpreting services are available to help you talk to court staff. Tell the staff person that you need an interpreter, and they will arrange for an interpreter to assist you by phone.
Can the other party object to a request for an interpreter?
No. Judges are instructed to always ensure that a qualified court interpreter is provided for anyone requesting an interpreter.
What should I do if I have concerns about the interpreter in court?
If you have an attorney, tell your attorney so they can address your concerns with the judge, if necessary. If you do not have an attorney, tell the judge your concerns. You can also file a complaint after court. See below for information about filing a complaint.
Can I get court forms or orders in another language?
Many official court forms are currently available in Spanish and Vietnamese. If you were given a court form in English, you can search for the bilingual version online by using the form number (beginning with AOC) or English title of the form and choosing Spanish or Vietnamese.
Can an interpreter read forms or orders to me?
If you are in court on your court date, an interpreter can “sight translate,” or read court forms to you in your language. The court interpreter cannot answer questions you have about court forms. The courts do not provide interpreters to read forms you receive in the mail. The interpreter can interpret a judge’s verbal order while in court. You should make sure to ask the judge about anything you do not understand while you are in court. The courts do not provide translations of written orders entered after your court date.
What if I was denied an interpreter?
You should speak up and tell the judge you need an interpreter. If you can, explain what your needs are.
If you are denied an interpreter, you can file a complaint with the Language Access Officer.
How can I find a private interpreter or translator?
If you need interpretation or translation not provided by the courts, you can hire your own interpreter or translator. You can find a list of certified Spanish language court interpreters and their contact information. For other languages, you can contact the Office of Language Access Services at (919) 890-1407 or OLAS@nccourts.org.
Who can I contact with general questions about Language Access?
Office of Language Access Services
Telephone: (919) 890-1407
Email: OLAS@nccourts.org.
Mailing Address:
North Carolina Judicial Center
PO Box 2448
Raleigh, NC 27602
Who do I contact with complaints or concerns?
Telephone: (855) 390-4111 (toll-free)
Email: language411@nccourts.org
Submit an electronic complaint now.