Translation and interpreting services in Martinsburg

Language access rules in West Virginia

Court interpreter program

Supreme Court of Appeals of West Virginia, Administrative Office, through its Access to Justice program in the Circuit and Family Court Services Division, which arranges interpreters for court users with limited or no English proficiency and for deaf and hard of hearing court users at the Court's expense.

Court-certified languages

Under W. Va. Code § 57-5-7, the Administrative Director certifies interpreters for court proceedings involving deaf and hard of hearing people, and the courts use only sign language interpreters registered with the West Virginia Commission for the Deaf and Hard of Hearing who hold NIC, NIC Advanced, NAD, RID, or VQAS (Level 2 or above) credentials; for spoken languages, court interpreters may not be related to, socially connected to, or familiar with any party, witness, or family member, so family members and friends cannot interpret in court.

The rule

W. Va. Code § 57-5-7 gives deaf and hard of hearing parties, witnesses, and jurors the right to a qualified interpreter at every stage of court proceedings, state and local administrative proceedings, coroner's inquests, and grand jury proceedings, and § 57-5-7(e) requires that any interpreter needed because a witness or party speaks only a foreign language be sworn to interpret truly; the Supreme Court of Appeals provides interpreters for limited English proficient parties, witnesses, and parents of minor parties at the Court's expense.

Court translation of vital documents

The West Virginia judiciary's minimum standard for written translation for limited English proficient court users covers consent and complaint forms, intake forms with potential legal consequences, notices of eligibility criteria, rights, denials, losses, or decreases in benefits, and all final orders, and the Court can arrange translation of any other document a judge determines to be vital.

Mode of court interpretation

West Virginia courts require in-person interpreters for matters involving civil rights, including criminal proceedings, allow video interpreting for proceedings not involving civil or parental rights, and limit telephone interpreting to initial appearances and contact with essential court personnel.

Interpreter for the Deaf Act

Under W. Va. Code § 5-14A-3, a qualified interpreter must be appointed whenever a deaf person is a complainant, defendant, or witness before any court or grand jury, the court must work closely with the Commission for the Deaf and Hard of Hearing to find the right interpreter, and efforts must first be made to obtain an interpreter holding a legal skills certificate or a comprehensive oral interpreting certificate.

English for official business, with exceptions

W. Va. Code § 2-2-13 requires the state and its political subdivisions to conduct official business and publish official documents in English, but permits other languages to protect public health and safety, protect the rights of criminal defendants and crime victims, promote trade and tourism, or comply with federal law, and a translated official document must generally include the English text.

Sign language interpreter registry

The Commission for the Deaf and Hard of Hearing states that, under legislative rule 192 CSR 3, all interpreters working in West Virginia must register with the West Virginia Registry of Interpreters and maintain a national certification, educational certification, or state screening credential, and that qualified interpreters are bound by the RID Code of Professional Conduct.

Unofficial translations allowed

W. Va. Code § 2-2-13 expressly does not bar informal, nonbinding translations that government representatives make clear are unofficial, elected officials speaking other languages while campaigning or providing constituent services, or government employment exams given in another language when the test is available in that language.