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AP IX, Sec. 5 Determination of eligibility

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of Justice

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part IX. Procedures for Appointment of Interpreters
Administrative Procedures, AP IX, Sec. 5
AP IX, Sec. 5 Determination of eligibility
(1) Individuals with Limited English Proficiency
(a) Upon request by an individual identified in Section 4(l)(b) of these rules, the Court of Justice will provide language access services pursuant to the procedure set out in Section 6 of these rules.
(b) When an individual does not request language access services but appears to have limited English proficiency, the court will conduct a brief voir dire in order to evaluate the extent to which the individual reads, speaks, writes, and/or understands English and determine whether or not language access services are needed.
(c) Pursuant to KRS 30A.400(3) and (4), if the eligibility of the individual to receive language access services is challenged, the judge may, for good cause shown, hold a hearing to determine the bona fide need for language access services. If it is determined that the individual is not eligible for language access services, then no portion of these rules will apply.
(2) Individuals Who are Deaf or Hard of Hearing or Otherwise Disabled
(a) Upon request by an individual identified above in Section 4(l)(a) or (c) of these rules, or by an attorney who is deaf or hard of hearing pursuant to Section 4(2) of these rules, the Court of Justice will provide language access services pursuant to the procedure set out in Section 6 of these rules. This process will also apply, where indicated, to requests to use assistive technology in lieu of or in addition to the services of art interpreter, pursuant to Section 12(3) of these rules.
(b) When an individual does not request language access services but appears to be deaf or hard of hearing or otherwise disabled, the court will conduct a brief voir dire in order to evaluate the individual's needs and determine whether or not language access services are needed.
(c) The judge may require that the individual submit supporting documentation, such as written documentation from a licensed health care provider, establishing that the individual is eligible under applicable state and federal law to receive the requested language access services. Any medical documentation submitted must be sealed by order of the court and filed in the record.
(d) If it is determined that the individual is eligible to receive language access services, the judge or his or her designee may interact with the individual to evaluate the individual's needs and assess whether the requested language access services can be reasonably provided. The judge must give “primary consideration” to the specific request made.
(i) “Primary consideration” means that the court will honor the individual's preferred type of language access services unless another means exists of ensuring effective communication, or unless doing so would result in a fundamental alteration in the nature of the proceeding or in undue financial or administrative burden, or unless the request is for a personal device such as a hearing aid.
(ii) The type of language access services necessary to ensure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place.
(e) If the appropriate language access service cannot reasonably be provided, the Office of Language Access will work with the judge or his or her designee(s) to identify another appropriate language access service that will, to the maximum extent reasonably possible, ensure effective communication.
(f) Pursuant to KRS 30A.400(3) and (4), if the eligibility of the individual to receive language access services is challenged, the judge may, for good cause shown, hold a hearing to determine the bona fide need for language access services. If it is determined that the individual is not eligible for language access services, then no portion of these rules will apply.
(g) Once a deaf or hard of hearing attorney has been determined to be eligible to receive language access services, he or she will not be required to re-establish his or her eligibility in future court proceedings before the same presiding judge.

Credits

HISTORY: Amended by Order 2017-15, eff. 1-1-18; prior amendments eff. 3-15-11 (Order 2011-03), 5-12-09 (Order 2009-06), 12-1-04 (Order 2004-3), 10-1-04; adopted eff. 2-17-95
Administrative Procedures, AP IX, Sec. 5, KY ST ADMIN P AP IX, Sec. 5
Current with amendments received through May 1, 2020.
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