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ACCESS TO JUSTICE

Access to Justice is a part of the Supreme Court's Court Services Division. 

Please contact the division at 304-558-0145 regarding Language Access, Sign Language, and ADA.

Language Access 
Sign Language 
Americans with Disabilities Act (ADA)

LANGUAGE ACCESS

The Supreme Court of Appeals of West Virginia (WVSCA) is committed to providing language access to anyone involved in state court proceedings, regardless of the language they speak. The Supreme Court provides language access through interpreter services for all individuals exhibiting Limited or No English Proficiency (LEP) during all hearings, trials, and motions, and in important actions with court personnel.  All interested LEP parties (plaintiff, defendant, petitioner, respondent, witness, or parent or legal guardian of a minor party) have a right to an interpreter when in court.  Interpreter services are provided at the Court’s expense, regardless of a user’s ability to pay for the services.

MISSION STATEMENT

West Virginia state courts are to provide foreign language interpreters and interpretation/translation services to all persons of Limited or No English Proficiency (LEP), including parents of non-LEP minors, in criminal or civil settings during all hearings, trials and motions, and in important interactions with court personnel.  West Virginia Courts shall also provide this service for preparation for hearings, trials and motions and in depositions in cases which are the responsibility of or being brought by the state.  Interpreters are to be provided at no cost to the user, regardless of his or her ability or perceived ability to pay, as meaningful access to the courts is the right of all citizens, in particular LEPs under Title VI of the Civil Rights Act of 1964.

WHO IS PROVIDED AN INTERPRETER

West Virginia state law requires interpreters to be provided for those who are non-English speaking in state courts and can be found in the Code at § 57-5-7.  

West Virginia state courts provide interpreters in civil, criminal, and family court proceedings for Plaintiffs, Defendants, Petitioners, Respondents, Witnesses, and for Parents/Guardians if a minor is involved in the court proceedings.  

THREE METHODS OF INTERPRETING

The courts can provide foreign language interpreter by three different methods.

  • In Person
    • The interpreter is to be present in person for all matters involving civil rights, including criminal proceedings. West Virginia Courts shall also provide this service for preparation for hearings, trials and motions, and in depositions in cases which are the responsibility of or being brought by the state.
  • Video
    • The interpreter can appear by video for all other court proceedings and instances NOT involving civil or parental rights. 
  • Telephone
    • The interpreter can appear by telephone for initial appearances and when the LEP individual needs to communicate with essential court personnel. 
       

Interpreters who provide interpreting services in court settings cannot in any way be related to, socially connected to, or otherwise familiar with any party, witness, or family member.  Therefore, anyone (family member, friend, etc.) who comes in with the individual needing these services CANNOT interpret in court settings.

DOCUMENT TRANSLATION

The Supreme Court also provides document translations.  Be aware that we do NOT use our interpreters to translate documents.  The following documents set a minimum standard for those documents which shall be provided in written translation for the LEP individual:

  • Consent and complaint forms
  • Intake forms that have potential legal consequences
  • Notices of eligibility criteria, rights, denial, loss, changes/decreases in benefits
  • All Final Orders

The Court can arrange for any document(s) that a judge determines to be vital to be translated as well.

WHAT TO DO IF YOU OR SOMEONE YOU KNOW REQUIRES AN INTERPRETER

Anyone who needs an interpreter should submit a Request for Foreign Language Interpreter/Translation Services Form, which is available at each county clerk’s office. Failure to complete this form does not dismiss the right to an interpreter, but the local court must be made aware of the need for an interpreter so that one can be arranged for the proceeding.  

If you need foreign language interpretation services in West Virginia Courts, or if you are interested in serving in West Virginia Courts as a language interpreter, please call the Division of Education, Training, and Access to Justice at 304-558-0145.  

Foreign Language Interpreter/Translator Forms

Request for Foreign Language Interpreter/Translator Service

Invoice for Interpreter or Translator Service

SIGN LANGUAGE

The Americans with Disabilities Act and West Virginia state law requires sign language interpreters to be provided in court proceedings for anyone who cannot readily understand or verbally communicate the English language as a result of his or her being deaf, a deaf mute, or having any other hearing impairment, in any case before any court or grand jury.

MISSION STATEMENT

Discrimination on the basis of disability is prohibited in West Virginia state courts.  West Virginia state courts are to provide sign language interpreters, in criminal or civil settings, for a person who is deaf or hard of hearing, including deaf or hard of hearing parents of a minor child who is hearing, who is a party, witness, or juror in any court proceedings in accordance with state law. Interpreters are to be provided at no cost to the user, regardless of his or her ability or perceived ability to pay, as meaningful access to the courts is the right of all citizens.

WHO IS PROVIDED AN INTERPRETER

Accommodating those with disabilities to ensure equal access to justice is required under both federal and state law.  West Virginia state law provides for the right to an interpreter for a complainant, defendant, witness, juror, or parent of a minor child, who cannot readily understand or verbally communicate the English language as a result of his or her being deaf, a deaf mute, or having any other hearing impairment, in any case before any court or grand jury.  An interpreter is arranged for each party in a case who is deaf or hard of hearing or for the deaf or hard of hearing parent of a minor child who is a party to a case. 

Use of a sign language interpreter is appropriate at every state of the proceeding at which a person would be entitled to representation by an attorney.  A waiver of the right to counsel does not constitute as a waiver of the right to an interpreter.  

State laws governing the use of interpreters for the deaf and hard of hearing are found under WV Code § 5-14A-1, et seq.  Specific West Virginia state law that requires interpreters to be provided for the deaf, hard of hearing, and otherwise hearing impaired in state courts is found in the Code at § 57-5-7.

SIGN LANGUAGE INTERPRETERS

The Administrative Director of the Supreme Court of Appeals of West Virginia shall prescribe, determine, and certify the qualifications of persons who may serve as certified interpreters in courts of this state in proceedings involving the hearing impaired.  State law defines a qualified interpreter as one certified by the National Association of the Deaf (NAD), or Registry of Interpreters for the Deaf (RID), or in the event an interpreter so certified is not available, an interpreter whose qualifications are otherwise determined.  For state courts, interpreters may be qualified by (being approved by the chief of services for the deaf and hearing impaired of West Virginia of the West Virginia division of vocational rehabilitation), or the West Virginia registry of interpreters for the deaf or otherwise deemed qualified by the director by having attained qualification through education, training and experience.

The Administrative Office of the Supreme Court of Appeals of West Virginia accesses a list of certified interpreters registered with the West Virginia Commission for the Deaf and Hard of Hearing.  Only those interpreters who are registered with West Virginia Commission for the Deaf and Hard of Hearing and who have certification identified as NIC, NIC Advance, NAD, RID or VQAS (Level 2 or above) may provide interpreting services in the court system.

Courts must work closely with interpreters, parties, and witnesses to determine effective communication methods.

WHAT TO DO IF YOU OR SOMEONE YOU KNOW REQUIRES AN INTERPRETER

Every deaf person whose appearance in any proceeding entitles him or her to an interpreter shall notify the court of his or her desire for an interpreter one week prior to any appearance.  The initial request for a sign language interpreter is sufficient for the duration of the proceedings.  In the event the services of a sign language interpreter cannot be arranged for the court proceedings, it will be necessary to continue the hearing to such time that an interpreter can be confirmed.

Anyone who needs a sign language interpreter should submit a Request for Sign Language Interpreter for the Deaf or Hard of Hearing, which is available at each county clerk’s office. Failure to complete this form does not dismiss the right to an interpreter, but the local court must be made aware of the need for an interpreter so that one can be arranged for the proceeding.  

HARD OF HEARING

The Education, Training, and Access to Justice Division can provide a device call Pocket Talkers to those who are hard of hearing.  The device is connected to headphones and simply amplifies the voices and sounds of the courtroom for the individual in need.

If you need sign language services in West Virginia Courts, call the Division of Education, Training, and Access to Justice at 304-558-0145.  

AMERICANS WITH DISABILITIES ACT (ADA)

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as someone who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such impairment. The ADA does not specifically name all of the impairments that are covered. 

The Supreme Court of Appeals of West Virginia (WVSCA) does not discriminate, nor does it permit discrimination within the unified court system, on the basis of disability in admission to, access to, or in the operation of its programs, services or activities or in its hiring or employment practices. The West Virginia state courts ensures equal access to the courts and prohibits discrimination against an individual due to a mental or physical disability.  The West Virginia Judiciary strives to accommodate all individuals with disabilities to provide access to all of its services and programs.

ASSISTANCE

The ADA program provides assistance to those with disabilities to ensure that the courts are assessable for individuals going through the West Virginia court system, as well as ensure they can effectively communicate with the court.  The West Virginia ADA Program cannot provide assistance outside of ensuring effective communication in court proceedings.  For example the ADA program cannot provide transportation to and from a scheduled court appearance.

Please see our Accessibility Information page for more information about the different accommodations that can be made for all court participants.