Louisiana Code of Criminal Procedure 401.1 – Court instructions for interpreter
Terms Used In Louisiana Code of Criminal Procedure 401.1
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Juror: A person who is on the jury.
- Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Verdict: The decision of a petit jury or a judge.
- Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
A. When a person with a hearing loss is among the petit jury venire, the court shall:
(1) Provide an interpreter for the deaf prospective juror. The interpreter shall be sworn in as an officer of the court.
(2) Permit the interpreter to be present and assist a deaf prospective juror during voir dire.
B. When a deaf or hard of hearing person is summoned for jury duty, the court shall:
(1) Provide an interpreter for the deaf juror. The interpreter shall be sworn in as an officer of the court.
(2) Instruct the interpreter, in the presence of the jury, to:
(a) Make true, literal, and complete translations of all testimony and other relevant colloquy to the deaf juror during the deliberations of the jury.
(b) Refrain from participating in any manner in the deliberations of the jury.
(c) Refrain from having any communications, oral or visual, with any member of the jury regarding the deliberations of the jury except for literal translations of jurors’ remarks made during deliberations.
(3) Permit the interpreter to be present and assist a deaf juror during the deliberations of the jury.
(4) Give a special instruction to the interpreter not to disclose any portion of the deliberations with any person following a verdict.
(5) Direct all costs relating to the interpreting services provided, including summoning, voir dire process, and empaneling of a juror in all trials, to be paid by the clerk of court‘s office through the juror and witness fee account.
C. The verdict of the jury shall be valid notwithstanding the presence of the interpreter during deliberations.
D. All costs relating to the interpreting services provided in this Article shall be paid by the clerk of court’s office through the juror and witness fee account.
Added by Acts 1984, No. 655, §1. Acts 1988, No. 446, §1; Acts 1988, No. 775, §1; Acts 2017, No. 146, §14.