Oklahoma § 12-2503.1 - Interpreter for the Deaf or Hard-of-Hearing Privilege

§ 12-2503.1. Interpreter for the Deaf or Hard-of-Hearing Privilege

A. As used in this section:

1. An "interpreter" is a qualified legal interpreter for the

deaf or hard-of-hearing, as defined by Section 2408 of Title 63 of

the Oklahoma Statutes, or a spoken language interpreter for a

Limited English Proficient (LEP) person;

2. A "deaf or hard-of-hearing person" is a person whose sense

of hearing is nonfunctional for the ordinary purposes of life;

3. A "Limited English Proficient (LEP) person" is a person who

cannot speak or easily understand English; and

4. A communication is "confidential" if made privately and not

intended for further disclosure except to other persons present in

furtherance of the purpose of the communication.

B. A person has a privilege to refuse to disclose and to

prevent an interpreter from disclosing such person's confidential

communication made while such interpreter is acting in the capacity

as an interpreter for persons who are deaf or hard-of-hearing or

LEP.

C. The privilege may be claimed by the interpreter, by the LEP

or deaf or hard-of-hearing person, by the guardian or conservator of

the LEP or deaf or hard-of-hearing person, or by the personal

representative of the LEP or deaf or hard-of-hearing person if the

LEP or deaf or hard-of-hearing person is deceased.

D. An interpreter who is employed to interpret, transliterate

or relay a conversation between a person who can hear and speak

English and a LEP or deaf or hard-of-hearing person is a conduit for

Oklahoma Statutes - Title 12. Civil Procedure

the conversation and may not disclose or be compelled to disclose,

through reporting or testimony, or by judicial process or subpoena,

the contents of a confidential communication.

E. There is no privilege pursuant to this section for

communications:

1. If the services of the interpreter were sought or obtained

to enable or aid anyone to commit or plan to commit what the LEP or

deaf or hard-of-hearing person knew, or reasonably should have

known, to be a crime or fraud or physical injury to the LEP or deaf

or hard-of-hearing person or another individual;

2. In which the LEP or deaf or hard-of-hearing person has

expressed an intent to engage in conduct likely to result in

imminent death or serious bodily injury to the LEP or deaf or hardof-hearing person or another individual;

3. Relevant to an issue in a proceeding challenging the

competency of the interpreter;

4. Relevant to a breach of duty by the interpreter; or

5. That are subject to a duty to disclose under statutory law.

Added by Laws 1993, c. 297, § 1, emerg. eff. June 7, 1993. Amended

by Laws 2002, c. 468, § 37, eff. Nov. 1, 2002. Renumbered from §

2506.1 of this title by Laws 2002, c. 468, § 78, eff. Nov. 1, 2002.

Amended by Laws 2005, c. 395, § 10, eff. Nov. 1, 2005; Laws 2023, c.

73, § 1, eff. Nov. 1, 2023.