The court must take the necessary steps to provide qualified interpreters to participants in small claims matters who are not fully conversant in English or who are hearing-impaired.
Commentary
Section 2 of G.L. c. 221C accords participants in small claims cases who are not fully conversant in English the right to the assistance of a qualified interpreter throughout the proceedings. Under G.L. c. 221, s. 92A, a deaf or hearing-impaired person who is a party or a witness in a small claims case is entitled to the assistance of a person (or persons) qualified to interpret the proceedings. In addition to the state statutory right to the assistance of an interpreter, deaf or hearing-impaired people are also entitled to reasonable accommodations under the Americans with Disabilities Act. See Standard 2:06 for further discussion.
At whatever stage of a case court personnel become aware of the need for an interpreter, the court should grant a continuance and order an interpreter for the next scheduled date. The court should not require any litigant who is not fully conversant in English or any hearing-impaired litigant to go forward at a trial or any other significant event without a qualified interpreter. The court should not assume that friends or family members accompanying the litigant are proficient enough in English or sign language to serve as translators or interpreters.
In ordering interpreters for small claims cases, the court should follow the same procedures used to order interpreters for other cases.
Any court that routinely deals with persons of a particular language group should consider obtaining and dispensing translated versions of the instructions found on the small claims forms.