Section 38-9-10 – Privileged communication.
Whenever a deaf person communicates through an interpreter to any person under such circumstances that the communication would be privileged, and the deaf person could not be compelled to testify as to the communications, the privilege shall apply to the interpreter as well. History: Laws 1979, ch. 263, § 10.
Section 38-9-1 – Short title.
Chapter 38, Article 9 NMSA 1978 may be cited as the “Deaf Interpreter Act”. History: Laws 1979, ch. 263, § 1; 2007, ch. 23, § 1. ANNOTATIONS The 2007 amendment, effective June 15, 2007, changed “This act” to “Chapter 38, Article 9 NMSA 1978”. Am. Jur. 2d, A.L.R. and C.J.S. references. — Deaf-mute as witness, […]
Section 38-9-2 – Definitions.
As used in the Deaf Interpreter Act: A. “appointing authority” means the presiding judge or magistrate of any court and the hearing officer or other person authorized to administer oaths in any administrative proceeding before a board, commission, agency, institution, department or licensing authority of the state or any of its political subdivisions wherein an […]
Section 38-9-3 – Interpreter required.
If a deaf person who is a principal party in interest has provided notice and proof of disability, if required, pursuant to Section 38-9-6 NMSA 1978, the appointing authority shall appoint an interpreter, after consultation with the deaf person, to interpret or to translate the proceedings to the person and to interpret or translate the […]
Section 38-9-4 – Interpreter waiver.
A deaf person who is a principal party in interest may at any point in any proceeding waive the right to the services of an interpreter. History: Laws 1979, ch. 263, § 4.
Section 38-9-5 – Interpreter; services.
Whenever any deaf person is requesting or receiving services from any health, welfare or educational agency under the authority of the state or any political subdivision of the state or municipality, an interpreter may be appointed to interpret or translate the actions of any personnel providing the services and to assist the deaf person in […]
Section 38-9-6 – Notice; proof of disability.
Every deaf person whose appearance at a proceeding entitles the person to an interpreter shall notify the appointing authority of the person’s disability at least two weeks prior to any appearance and shall request the services of an interpreter. An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable […]
Section 38-9-7 – Coordination of interpreter requests.
A. Whenever an appointing authority receives a valid request for the services of an interpreter, the appointing authority shall request the commission for deaf and hard-of-hearing persons to furnish a list of interpreters. B. The New Mexico association of the deaf and the New Mexico registry of interpreters for the deaf are authorized to assist […]
Section 38-6A-8 – Right of party to examine child witness.
An alternative method ordered by the presiding officer shall permit a full and fair opportunity for examination or cross-examination of the child witness by each party, subject to such protection of the child witness as the presiding officer deems necessary. History: Laws 2011, ch. 98, § 8. ANNOTATIONS Effective dates. — Laws 2011, ch. 98, […]
Section 38-6A-9 – Uniformity of application and construction.
In applying and construing the Uniform Child Witness Protective Measures Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2011, ch. 98, § 9. ANNOTATIONS Effective dates. — Laws 2011, ch. 98, § 11 made the Uniform […]