Interpreters for Deaf

NMSA 1978 ch. 38, art. 9

in effect

NMSA 1978, § 38-9-1 Short title

38-9-1. Short title Chapter 38, Article 9 NMSA 1978 may be cited as the "Deaf Interpreter Act". Laws 1979, ch. 263, § 1; 2007, ch. 23, § 1.

NMSA 1978, § 38-9-2 Definitions

38-9-2. Definitions As used in the Deaf Interpreter Act: A. "appointing authority" means the presiding judge or magistrate of any court and the hearing officer or other person authorized to administer oaths in any administrative proceeding before a board, commission, agency, institution, department or licensing authority of the state or any of its political subdivisions wherein an interpreter is required pursuant to the provisions of the Deaf Interpreter Act; B. "deaf person" means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit him from understanding voice communications; C. "principal party in interest" means a person in any judicial or administrative proceeding in which he is a named party or who will or may be bound by the decision or action or foreclosed from pursuing his rights by the decision or action which may be taken in the proceeding; and D. "interpreter" means a person who may through sign language, manual spelling or orally, through lip reading, as required, translate and communicate between a principal party in interest and other parties. Laws 1979, ch. 263, § 2.

NMSA 1978, § 38-9-3 Interpreter required

38-9-3. Interpreter required If a deaf person who is a principal party in interest has provided notice and proof of disability, if required, pursuant to Section 38-9-6 NMSA 1978, the appointing authority shall appoint an interpreter, after consultation with the deaf person, to interpret or to translate the proceedings to the person and to interpret or translate the person's testimony. Interpreters may be selected from current lists of interpreters provided by the commission for deaf and hard-of-hearing persons for: A. interpreters certified by the national registry of interpreters for the deaf; or B. other interpreters qualified through action of the commission for deaf and hard-of-hearing persons. Laws 1979, ch. 263, § 3; 2007, ch. 23, § 2.

NMSA 1978, § 38-9-4 Interpreter waiver

38-9-4. Interpreter waiver A deaf person who is a principal party in interest may at any point in any proceeding waive the right to the services of an interpreter. Laws 1979, ch. 263, § 4.

NMSA 1978, § 38-9-5 Interpreter; services

38-9-5. Interpreter; services Whenever any deaf person is requesting or receiving services from any health, welfare or educational agency under the authority of the state or any political subdivision of the state or municipality, an interpreter may be appointed to interpret or translate the actions of any personnel providing the services and to assist the deaf person in communicating with the personnel. Laws 1979, ch. 263, § 5.

NMSA 1978, § 38-9-6 Notice; proof of disability

38-9-6. Notice; proof of disability Every deaf person whose appearance at a proceeding entitles the person to an interpreter shall notify the appointing authority of the person's disability at least two weeks prior to any appearance and shall request the services of an interpreter. An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of the person's disability when the appointing authority has reason to believe that the person is not so disabled. Reasonable proof shall include but not be limited to a statement from a doctor, an audiologist, the vocational rehabilitation division of the public education department, the commission for deaf and hard-of-hearing persons or a school nurse that identifies the person as deaf or as having hearing so seriously impaired as to prohibit the person from understanding voice communications. Laws 1979, ch. 263, § 6; 2007, ch. 23, § 3.

NMSA 1978, § 38-9-7 Coordination of interpreter requests

38-9-7. Coordination of interpreter requests A. Whenever an appointing authority receives a valid request for the services of an interpreter, the appointing authority shall request the commission for deaf and hard-of-hearing persons to furnish a list of interpreters. B. The New Mexico association of the deaf and the New Mexico registry of interpreters for the deaf are authorized to assist the commission to prepare and continually update a listing of available interpreters. When requested by an appointing authority to provide assistance in providing an interpreter, the commission shall supply a list of available interpreters. C. An interpreter who has been appointed shall be reimbursed by the appointing authority at a fixed rate reflecting a current approved fee schedule as established by the commission and the administrative office of the courts. Nothing in this section shall be construed to prevent any state department, board, institution, commission, agency or licensing authority or any political subdivision of the state from employing an interpreter on a full-time basis or under contract at a mutually agreed upon compensation rate. Laws 1979, ch. 263, § 7; 2007, ch. 23, § 4.

NMSA 1978, § 38-9-8 Interpreter permitted

38-9-8. Interpreter permitted Whenever a deaf person is interested in any administrative or judicial proceeding in which an interpreter would be required for a principal party in interest, he shall be entitled to utilize an interpreter to translate the proceeding for him and to assist him in presenting his testimony or comment. Laws 1979, ch. 263, § 8.

NMSA 1978, § 38-9-9 Oath of interpreter

38-9-9. Oath of interpreter Every interpreter appointed pursuant to the provisions of the Deaf Interpreter Act, before entering upon his duties, shall take an oath that he will make a true interpretation in an understandable manner to the deaf person for whom he is appointed. Laws 1979, ch. 263, § 9.

NMSA 1978, § 38-9-10 Privileged communication

38-9-10. Privileged communication Whenever a deaf person communicates through an interpreter to any person under such circumstances that the communication would be privileged, and the deaf person could not be compelled to testify as to the communications, the privilege shall apply to the interpreter as well. Laws 1979, ch. 263, § 10.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18538/index.doFetched: 10/20/2026