Section 4 - Individuals Eligible for Language Access Services(1) Party, Juror, Witness, or Non-Party. Pursuant to KRS 30A.410 to 30A.435 and other applicable state and federal law and regulations, the Court of Justice will provide language access services, pursuant to the procedure set out in Section 6 of these rules, to a party, juror, witness, or non-party (as defined in these rules) in a court proceeding and to an individual receiving direct services who: (a) Is deaf or hard of hearing, and (i) Uses sign language such as pidgin, signed English, American Sign Language, or gestures; or(ii) Is oral/aural and uses interpreters and assistive technology as his or her primary mode of communication;(b) Has limited English proficiency as defined in these rules; or(c) Has, in the opinion of the court or other appointing/requesting authority, another type of disability which will prevent said person from properly understanding the nature of the proceedings or will substantially prejudice his or her rights, and for whom the provision of language access services will effectively assist in facilitating communication.(2) Deaf or Hard of Hearing Attorney. Pursuant to KRS 30A.410 to 30A.435 and other applicable state and federal law and regulations, the Court of Justice will provide language access services, pursuant to the procedure set out in Section 6 of these rules, to an attorney who is deaf or hard of hearing as described above in subsection (1)(a) of this section and who is participating in a court proceeding or direct service.Ky. Admin. P. Ct. Justice. 4
Adopted by Order 2017-15, eff. 1/1/2018.