1. (a) Waiver by a principal party in interest.—A principal party in interest with limited English proficiency or who is deaf or hard of hearing may waive the right to an interpreter, provided the waiver is conducted in the presence of the presiding judicial officer and the party seeking to waive is represented by counsel or has knowingly waived the right to counsel. The presiding judicial officer shall ascertain from the principal party in interest with limited English proficiency or who is deaf or hard of hearing whether the waiver is knowing, voluntary and intelligent and that the waiver will not impede the party’s communication with the court and the fact finder. If the judicial proceeding is conducted in a court of record, the foregoing determination shall be made on the record. The principal party in interest with limited English proficiency or who is deaf or hard of hearing must be provided with an interpreter during the waiver process. In addition, the waiver shall be in writing signed by the principal party in interest with limited English proficiency or who is deaf or hard of hearing, with a representation that the party was told of the right to an interpreter and that the party chose not to have an interpreter at the judicial proceeding. The written waiver shall be on the form provided by the Court Administrator for this purpose and shall be made part of the record of the judicial proceeding. If the presiding judicial officer subsequently determines that an interpreter is necessary, he or she shall proceed pursuant to § 204(b) (relating to determination of need for interpreter).

2. (b) Waiver by a non-party.—When a non-party who is entitled to an interpreter under these regulations seeks to waive the right to an interpreter, the provisions of subsection (a) above should be followed, with the exception that counsel need not be present.

   Comment

   When persons with limited English proficiency or who are deaf or hard of hearing waive their right to an interpreter pursuant to § 105, they are divesting themselves of an important due process safeguard. For this reason, the presiding judicial officer should take great care to ensure that the person’s waiver is knowing, voluntary, and intelligent. When deciding whether to permit a waiver, the presiding judicial officer should consider not only the needs of the person with limited English proficiency or who is deaf or hard of hearing but also the needs of the presiding judicial officer and others involved in the proceedings to accurately understand that person. In the case of persons with limited English proficiency or who are deaf or hard of hearing who are witnesses, the presiding judicial officer should primarily consider the need for the finder of fact to accurately understand the witness and whether a principal party in interest wants an interpreter present to ensure the accuracy of the testimony rather than the preference of the witness. If the presiding judicial officer feels that the interpreter is necessary for the presiding judicial officer or others involved in the proceedings to accurately understand the person with limited English proficiency or who is deaf or hard of hearing, the waiver request should be denied. Waiver forms are available on the Interpreter Program page of the UJS website, http://www.pacourts.us.

Source

The provisions of this § 105 amended November 22, 2021, effective January 1, 2022, 51 Pa.B. 7415. Immediately preceding text appears at serial page (390523).