Translation and interpreting services in Miles City

Language access rules in Montana

Court interpreter program

Montana Judicial Branch, Office of Court Administrator (OCA), which helps courts locate interpreters and telephonic or video language services and pays for court-appointed interpreters under Judicial Branch Administrative Policy 890, Court Interpretation Services; the policy also directs courts to consider remote interpretation through the Judicial Video Network.

Court-certified languages

Policy 890 requires courts to appoint a qualified interpreter, applies the oath under Montana Rule of Evidence 604 and a code of conduct requiring interpreters to represent their certifications and training accurately, and directs courts to appoint sign language interpreters from the qualified list kept by the Department of Public Health and Human Services, which the Montana Association of the Deaf and Montana Registry of Interpreters for the Deaf supply under MCA 49-4-507.

The rule

Judicial Branch Administrative Policy 890 (effective July 1, 2010, revised November 2019), citing Title VI of the Civil Rights Act of 1964, requires the Supreme Court, District Courts, and Water Court to appoint a qualified interpreter for any limited English proficient or deaf or hard of hearing party, witness, prospective juror, or juror in any civil or criminal proceeding (for deaf or hard of hearing persons, when an assisted hearing device is unavailable or ineffective); MCA 49-4-503 separately mandates qualified interpreters for deaf persons in court, grand jury, and agency proceedings.

Court interpreter payment

Under Policy 890, the Office of Court Administrator pays for interpreters appointed during court proceedings, with compensation generally capped at $60 per hour absent extenuating circumstances, and courts are directed to use locally or regionally based interpreters first to limit travel costs.

Interpreters for deaf people in agency hearings and arrests

MCA 49-4-503 requires state agencies and local governing bodies to appoint a qualified interpreter at every stage of a judicial or quasi-judicial proceeding in which a deaf person is a principal party in interest, and requires law enforcement to provide one after arresting a deaf person and before interrogation or taking a statement (traffic violations excepted).

Qualified interpreter list

MCA 49-4-507 requires any authority that must appoint an interpreter for a deaf person to request the list of qualified interpreters kept by the Department of Public Health and Human Services, and to appoint another qualified interpreter if the choices do not meet the deaf person's needs or wishes.

Intermediary interpreters

Under MCA 49-4-505, when a qualified interpreter states that he or she cannot render a satisfactory interpretation and that an intermediary interpreter will improve it, the appointing authority must appoint an intermediary interpreter under the same rules.

Official language

MCA 1-1-510 (1995) makes English the official and primary language of state and local governments and their documents and records and bars any law or policy from requiring a specific foreign language in government documents, but expressly allows government employees to use other languages, including in government documents, if they choose.