Archives
A variety of news stories, postings, publications, and other materials pertaining to the U.S. legal system and, in some cases, in which deaf individuals were involved is presented below. Additional publications are available in the Legal Toolkit.
The archives are grouped by the following themes. Click on a theme to jump to those materials.
- Corrections
- Courts
- Deaf Interpreter
- Fraud
- Immigration
- Law Enforcement
- Laws - Interpreting
- Medical
- Miranda Warning
- Remote Technologies
- Specialization
- Team Interpreting
Corrections
- Coleman, N. (2008, August 8). Justice may be blind, but it's also deaf and very hard of hearing.
Star Tribune. https://www.startribune.com/justice-may-be-blind-but-it-s-also-deaf-or-very-hard-of-hearing/26265719/
- This news article describes how a Deaf man was in jail for almost a year and never was provided an interpreter. [PDF available]
Courts
- Armon, R. (2008, December 31). Fairlawn man's homicide convictions overturned: Hearing-impaired
woman should not have been on jury, court says. Beacon Journal.
- This news article describes a Ohio appeals court overturning a jury's decision because
the jury included a hearing impaired woman. [PDF available]
- This news article describes a Ohio appeals court overturning a jury's decision because
the jury included a hearing impaired woman. [PDF available]
- Cassi, S. (2009, January 29). Northampton County Judge Stephen Baratta declares mistrial
after testimony from deaf victim is given via instant messaging. The Express-Times.
- This news article explains how a Deaf person's testimony via instant messaging was declared a mistrial. [PDF available]
- Cook, J. (2008, November 15). Deaf woman pleads to murder. Macomb Daily.
- This news article describes the multiple year process associated with a Deaf woman's plea as a result of being provided an unqualified interpreter at the time the police give her the Miranda Warning. [PDF available]
- de. Jongh, E.M. (2008). Court interpreting: Linguistic presence vs. linguistic absence. The Florida Bar Journal, 82(7), 1-11, https://www.floridabar.org/the-florida-bar-journal/court-interpreting-linguistic-presence-v-linguistic-absence/
- This article discusses the high levels of proficiency needed in languages, cultures, legal processes and terminology, interpreting skill, as well as ethical and professional conduct to protect a non-English user's right to due process. [PDF available]
- Hewitt, W.E. (1995). Court interpretation: Model guides for policy and practice in the state courts. https://ncsc.contentdm.oclc.org/digital/collection/accessfair/id/162/rec/7
- Chapter 9, Model Code of Professional Responsibility for Interpreters in the Judiciary, articulates a core set of principles that should be abided by anyone serving as a court interpreter as well as familiar to judges and attorneys for consistency of interpreting services. [PDF available]
- Chapter 10, Model Court Interpreter Act, is a guide to assist policy makers who oversee statutes, statewide or local rules of court, or administrative policy to govern interpreter services. [PDF available]
- Illinois Legal Aid Online. (2016, March 30). Your day in court: An educational intro for persons who are Deaf or Hard-of-Hearing. https://www.youtube.com/watch?v=TjwkbMSk9QY
- This video serves as an introduction to how Deaf and Hard-of-Hearing people have access to legal processes and the courts.
- Judicial Council of California/Administrative Office of the Courts. (2007). Study of California’s court interpreter certification and
registration testing. https://www.courts.ca.gov/documents/altafinalreport.pdf- This study outlines the current state and further enhancement of California’s court interpreter testing program and attests California’s commitment to quality and leadership in this important aspect of public service. [PDF available]
- Law Offices of Linda Friedman Ramirez. (n.d.). Interpreter: Claims to be certified; No reversible error.
- This posting states that the interpreter's qualifications did not undermine the fairness of the court proceedings for the case STATE of Tennessee v. Devin BANKS (No. W2005-02213-SC-DDT-DD.). [PDF available]
- MetNews. (2009, July 21). Court: Witness’s limitations did not cause Sixth Amendment
violation. Metropolitan News Company.
- This news article explains the upholding of the earlier court's decision that a witness’ non-standard communicate does not violate the defendant’s Sixth Amendment right to confront the witness and to cross-examine. [PDF available]
- National Center for State Courts. (2006). Consortium for state court interpreter certification - survey: compensation - contract
interpreters 2006. https://www.unco.edu/project-climb/pdf/resources/archives/ncsc-compensation-survey-contract-interpreters.pdf
- This survey states the compensation practices of various states for contract interpreters working in the court system.
- National Center for State Courts. (2006). Consortium for state court interpreter certification - survey: compensation - salaried
interpreters 2006. https://www.unco.edu/project-climb/pdf/resources/archives/ncsc-compensation-survey-salaried-interpreters.pdf
- This survey states the compensation practices of various states for salaried interpreters working in the court system.
- National Consortium of Interpreter Education Centers. (2010). Linguistic considerations of deaf litigants: Fact sheet.https://www.unco.edu/project-climb/pdf/resources/archives/linguistic-considerations-deaf-litigants.pdf
- This fact sheet explains the unique linguistic circumstances of deaf Americans, how the process of acquiring language as children affects their use of it as adults, and how language abilities impact their understanding of the interpreted proceedings.
- National Consortium of Interpreter Education Centers. (2010). Placement of sign language interpreters in court: Fact sheet. https://www.unco.edu/project-climb/pdf/resources/archives/placement-of-court-interpreters.pdf
- This fact sheet provides an overview of the proper placement for a sign language interpreter when there is a Deaf participant in a court proceeding.
- National Consortium of Interpreter Education Centers. (2010). Tips for sign language interpreted proceedings: Fact sheet. https://www.unco.edu/project-climb/pdf/resources/archives/tips-interpreted-proceedings.pdf
- This fact sheet lists actions that the court can to do facilitate accurate communication.
- National Consortium of Interpreter Education Centers. (2010). Working with sign language interpreters in court: Fact sheet. https://www.unco.edu/project-climb/pdf/resources/archives/working-with-interpreters-in-court.pdf
- This fact sheet explains why more than one interpreter is used in certain court cases and how to most effectively use their services.
- Pheifer, P. (2009, February 6). Court: Deaf St. Paul man's rights no violated.https://www.startribune.com/court-deaf-st-paul-man-s-rights-not-violated/39241322/?elr=KArksc8P%3APc%3AUthPacyPE7iUiD3aPc%3A_Yyc%3AaUU
- This news article describes a court's decision that a Deaf man's rights were not violated when police communicated with him through written notes. [PDF available]
- Robinson, Q. (2011, June 1). A failure to act for change.
- This editorial describes how the Deaf community's rights are often violated in the Ohio legal system and, when the opportunity for change was presented, how the Deaf and interpreting communities failed to act. [PDF available]
- Rubenstein, M.H. (n.d.). Appeals Court rules that relay calls are not hearsay. Adjunct Law Prof Blog.
- This posting summarizes that an appeals court ruled statements transmitted by a communications assistant in a telecommunications relay service cannot be regarded as hearsay evidence. [PDF available]
- Science Centric. (2008, May 5). 'Deaf by God' tried in Old Bailey records.
- This news articles outlines the use of interpreters by the courts dating back to the eighteenth and nineteenth centuries. [PDF available]
- Zimmerman, N. (2008, June 13). Judge: Deaf‐mute still can't stand trial. Newport News Daily Press.
- This news article explains the court's decision to order continued sign language instruction for a Deaf man accused of capital murder. [PDF available]
Deaf Interpreter
- Judicial Council of California/Administrative Office of the Courts. (2010). Recommended guidelines for the use of deaf intermediary interpreters. https://www.courts.ca.gov/documents/CIP_GID.pdf
- These recommended guidelines explain how the court must take measures to ensure the interpretation takes place in a manner that protects an individual’s right to meaningfully participate in the proceedings. [PDF available]
- National Consortium of Interpreter Education Centers. (2009). Deaf interpreters in court: An accommodation that is more than reasonable. https://www.unco.edu/project-climb/pdf/resources/deaf-interpreters/deaf-interpreters-in-court.pdf
- This model discusses the protection of the Deaf litigants' rights by using Deaf interpreters as a more inclusive and efficient accommodation than the typical spoken language interpreter model.
- National Consortium of Interpreter Education Centers. (2010). Deaf interpreters as reasonable accommodation: Fact sheet. https://www.unco.edu/project-climb/pdf/resources/deaf-interpreters/deaf-Interpreters-reasonable-accommodation.pdf
- This fact sheet explains the work of Deaf interpreters as a collaboration with sign language interpreters who can hear and are employed in assignments where a communication specialist is required to provide effective and accessible interpreting service.
Fraud
- The Securities and Exchange Commission. (2009, February 19). Ponzi scheme targeting Deaf investors. https://www.sec.gov/news/press/2009/2009-30.htm
- This posting releases information about a Ponzii Scheme were investment seminars were held at Deaf community centers, making Deaf individuals victims of affinity fraud. [PDF available]
Immigration
- National Consortium of Interpreter Education Centers. (2013). Interpreting in the immigration settings: Focus group summary. https://www.unco.edu/project-climb/pdf/resources/archives/immigration-focus-group-summary.pdf
- This document summarizes the competencies and skills specific to interpreting in the immigration setting as discussed by three focus groups.
Postville, IA Raid
-
-
- Duke. (2008, July 11). The true story of Postville.
- This news article publishes the essay written by Dr Camayd-Freixas, a federally certified interpreter, who provided language services after the Postville, Iowa meat packing raid. [PDF available]
- Duke. (2008, July 11). The true story of Postville.
-
-
-
- Hsu, S.S. (2008, July 25) Expedited trials of illegal immigrants are questioned. Washington Post.
- This news article describes the use of fast-tracked group trials as a violation of the defendants' rights in a case against illegal agriprocessor migrants. [PDF available]
- Hsu, S.S. (2008, July 25) Expedited trials of illegal immigrants are questioned. Washington Post.
-
-
-
- Preston, J. (2008, July 11). An interpreter speaking up for migrants. The New York Times Company. https://www.nytimes.com/2008/07/11/us/11immig.html
- This news article describes a legal, Spanish interpreter's decision to speak up about the charges brought against illegal agriprocessor migrants. [PDF available]
- Preston, J. (2008, July 11). An interpreter speaking up for migrants. The New York Times Company. https://www.nytimes.com/2008/07/11/us/11immig.html
-
-
-
- Preston, J. (2008, July 27). After meat plant raid, workers assist labor probe: Illegal
immigrant employees at Iowa kosher facility talk of inhumane working conditions. The New York Times Company.
- This news article explains that an agriprocessor meat plant has committed pervasive labor violations of immigrants. [PDF available]
- Preston, J. (2008, July 27). After meat plant raid, workers assist labor probe: Illegal
immigrant employees at Iowa kosher facility talk of inhumane working conditions. The New York Times Company.
-
Law Enforcement
- Dickerson, B. (2008, March 16). How to wreck a boy's life: Experts say an Oakland
County detective ran roughshod over a 13-year-old in a sexual abuse case against his
parents. Free Press.
- This news articles describes the interrogation of a 13 year old in an alleged sexual abuse case the police were bringing against his parents. [PDF available]
- National Association of the Deaf. (2021). Police and law enforcement. https://www.nad.org/resources/justice/police-and-law-enforcement/
- This web page informs the Deaf Community that their right to effective communication is protected and provides resources available to law enforcement.
- Scharper, J. (2009, March 9). For deaf man, a bad experience with the police: Stories differ on what happened in Anne Arundel case. Baltimore Sun.
- This news article explains how a Deaf man had a bad experience and received injuries in an encounter with police. [PDF available]
- U.S. Department of Justice. (2006, January). Model policy for law enforcement on communicating with people who are Deaf or Hard
of Hearing. https://www.ada.gov/lawenfmodpolicy.htm
- This guide outlines the ways law enforcement should communicate with people who are Deaf or Hard of Hearing. [PDF available]
- U.S. Department of Justice. (2020, February 25). Commonly asked questions about the Americans with Disabilities Act and law enforcement.https://www.ada.gov/q&a_law.htm
- This document offers common sense suggestions to help law enforcement agencies comply with the ADA.
- U.S. Department of Justice. (2020, February 25). Communicating with people who are Deaf or Hard of Hearing: ADA guide for law enforcement
officers. https://www.ada.gov/lawenfcomm.htm
- This guide educates law enforcement officers on communicating with individuals who are Deaf and Hard-of-Hearing. [PDF available]
Laws - Interpreting
- DO IT Center. (2006). Interpreter general licensure laws by state. https://www.unco.edu/project-climb/pdf/resources/archives/general-licensure-laws-by-state.pdf
- This chart outlines the general licensure laws by state.
- Witter-Merithew, A. (1995). State interpreters laws - An analysis. https://www.unco.edu/project-climb/pdf/resources/publications/publications/state-interpreters-law-analysis.pdf
- This appendix analyzes 20 laws implemented throughout the judicial system during the 1970s and 1980s to protect the rights of Deaf individuals.
Medical
- Calvan, B. (2009, January 3). It's the law: California patients can have an interpreter
at their side. The Sacramento Bee.
- This news article highlights the state-wide law in California that removes language barriers between millions of Californians with limited English proficiency and their commercial health and dental plans. [PDF available]
- Farrar, C. (2011, October 14). Hospital settles lawsuit: Cheshire Medical to provide
interpreters for deaf patients. SentinelSource.com. https://www.sentinelsource.com/news/local/hospital-settles-lawsuit/article_5673faa3-8b20-5c8d-a0e4-d65e8d021d48.html
- This news article explains the settlement between a hospital and a Deaf patient who was denied interpreting services multiple times.
- Gallagher, M.P. (2008, October 17). Jury awards deaf patient for denial of interpreter
services. Captions Unlimited. https://captionsunlimited.com/jury-awards-400000-to-deaf-patient-for-denial-of-interpreter-services/
- This news articles describes a Deaf patient denied interpreting services for 20 months of medical care and then being awarded $400,000 in damages. [PDF available]
- Legal Language. (2012, April 9). Lack of qualified sign language interpreter results in settlement.
- This posting outlines the settlement resulting from a dialysis center's lack of providing sign language interpreters to a Deaf patient. [PDF available]
- Pinkham, P. (2010, June 10). Deaf patients sue Jacksonville hospital over lack of
interpreters. The Florida Times-Union Jacksonville.com. https://www.jacksonville.com/news/health-and-fitness/2010-06-10/story/deaf-patients-sue-jacksonville-hospital-over-sign-language
- This news article explains that multiple Deaf patients are suing the Baptist Health Systems for violating the Americans With Disabilities Act by failing to provide qualified sign-language interpreters. [PDF available]
- U.S. Department of Justice. (2008, December 8). Justice Department reaches agreement with medical care provider on accommodations
for deaf, hard of hearing. https://www.justice.gov/archive/opa/pr/2008/December/08-crt-1071.html
- This press release states the Department of Justice reached a settlement with a medical provider to provide sign language interpreters and other auxiliary aids and services to patients, their family members, and their companions who are Deaf or hard of hearing. [PDF available]
- Wilson, C.D. (n.d.). Letter to the editor: Hospitals must provide interpreters for
the deaf. Beacon Journal. https://www.unco.edu/project-climb/pdf/resources/archives/hospitals-must-provide-interpreters.pdf
- This letter to the editor explains how a Deaf patient did not receive interpreting services at two different hospitals and eventually died without communication access at any time.
Miranda Warning
- Alameda County District Attorney Office. (2013). Miranda waivers. Point of View, 41(1), 1-14.
- This articles discusses Miranda rights as five different kinds of waivers: knowing, intelligent, voluntary, express and implied, as well as timely.
- DeClue, G. (2007). Oral Miranda warning: A checklist and a model presentation. The Journal of Psychiatry & Law, 35(Winter 2007), 421-441.
- This article presents a checklist designed to ensure a knowing, intelligent, and voluntary waiver of one's Miranda rights.
Remote Technology
- National Consortium of Interpreter Education Centers. (2013). The use of remote technology in legal interpreting: Focus group summary. https://www.unco.edu/project-climb/pdf/resources/archives/remote-technology-focus-group-summary.pdf
- This document summarizes the competencies and skills specific to interpreting in the
courts via remote
technology as discussed by six focus groups.
- This document summarizes the competencies and skills specific to interpreting in the
courts via remote
Specialization
- Bichsell, J. et al. (2018). Knowledge, skills and abilities essential for court interpretation: American Sign
Language. https://www.unco.edu/project-climb/pdf/resources/archives/ksa-court-interpreters-asl.pdf
- This document lists the essential knowledge, skills, and abilities needed by American Sign Language interpreters providing translation services for the court.
- National Consortium of Interpreter Education Centers. (2009). Best practices: American Sign Language interpretation within legal settings. https://www.unco.edu/project-climb/pdf/resources/archives/best-practices-legal.pdf
- This document sets forth the best practices and protocols for American Sign Language
interpreters working within legal settings.
- This document sets forth the best practices and protocols for American Sign Language
interpreters working within legal settings.
- National Consortium of Interpreter Education Centers. (2012). Toward effective practice: Specialist competencies of interpreter practicing within
court and legal settings. https://www.unco.edu/project-climb/pdf/resources/archives/specialist-competencies-legal.pdf
- This document details the skills, knowledge, and attributes necessary for effective
work in U.S. legal settings.
- This document details the skills, knowledge, and attributes necessary for effective
work in U.S. legal settings.
- Witter-Merithew, A. (2010). Conceptualizing a framework for specialization in ASL-English interpreting: a report
of project findings and
recommendations. https://www.unco.edu/project-climb/pdf/resources/publications/publications/conceptualizing-framework-for-specialization.pdf- This report outlines the need for as well as considerations for specialization within the field of interpreting.
Team Interpreting
- National Consortium of Interpreter Education Centers. (2010). American Sign Language interpreter teams: Fact sheet. https://www.unco.edu/project-climb/pdf/resources/publications/asl-interpreter-teams.pdf
- This fact sheet explains the physical and mental aspects of interpreting and how interpreter teams reduce and manage these taxing aspects of the job.
Grant Recognition
The contents of the Project CLIMB website was developed under a grant (#H160D160001) from the Department of Education. The contents do not necessarily represent the policy of the Department of Education. Do not assume endorsement by the Federal government.
As of December 31, 2021, this grant project is no longer active or soliciting applications.
This website will remain available as a resource.
The National Clearinghouse of Rehabilitation Training Materials (NCRTM) website is a central portal for accessing archived and new rehabilitation training resources offering search capabilities, a quality rating system, as well as enhanced usability and accessibility.