Mont. Code Ann. » TITLE 49. HUMAN RIGHTS · CHAPTER 4. RIGHTS OF PERSONS WITH DISABILITIES · Part 5. Interpreters for the Deaf in Official Proceedings
Montana Code Annotated

Mont. Code Ann. § 49-4-502 (2026)

Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 49
  3. CHAPTER 4
  4. Part 5
  5. 49-4-502 Definitions

TITLE 49. HUMAN RIGHTS

CHAPTER 4. RIGHTS OF PERSONS WITH DISABILITIES

Part 5. Interpreters for the Deaf in Official Proceedings

Definitions

49-4-502. Definitions. As used in this part, the following definitions apply:

(1) "Appointing authority" means the presiding judge or justice of any court, the presiding officer of any board, commission, or authority, the director or commissioner of any department or agency, or any other person presiding at any hearing or other proceeding in which a qualified interpreter is required pursuant to this part.

(2) "Deaf person" means a person with a diversity in the hearing process that may occur in the outer, middle, or inner ear, whereby sound waves are not converted to electrical signals and nerve impulses are not transmitted to the brain to be interpreted.

(3) "Intermediary interpreter" means a knowledgeable deaf person who, because of the person's intimate acquaintance with deaf persons who use mainly natural gestures for communicating, can be used as an intermediary between the deaf person and a qualified interpreter.

(4) "Principal party in interest" means a person who is a named party in any proceeding or who will be directly affected by the decision or action that may be made or taken.

(5) "Qualified interpreter" means an interpreter listed by the department of public health and human services as provided in 49-4-507.

History: En. Sec. 2, Ch. 245, L. 1979; amd. Sec. 236, Ch. 546, L. 1995; amd. Sec. 1804, Ch. 56, L. 2009; amd. Sec. 10, Ch. 237, L. 2025.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2005–2026 · leading case: B. Lowry V v. Bragg (Mont. 2022).
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B. Lowry V v. Bragg (Mont. 2022). · cites it 3× “Section 49-4-502(2), MCA. Lowry is entitled to an interpreter only if he meets that statutory definition—a factual determination for the trial court.”
Tyrrel v. State, 2005 MT 246N (Mont. 2005). · cites it 5× “Tyrrel claims the court erred in finding: 1) Tyrrel is not a “deaf person” within the meaning of § 49-4-502(2), MCA, and was therefore capable of participating in his defense without the aid of a sign language interpreter; and 2) Tyrrel’s counsel effectively assisted him.”
Lowry v. State, 2026 MT 71N (Mont. 2026). · cites it 2× “in which a deaf person is a principal party in interest,” the agency “shall appoint a qualified interpreter to interpret the proceedings to the deaf person and to interpret the deaf person’s testimony or statements.”
Mont. Code Ann. § 49-4-502(2): 3 cases
B. Lowry V v. Bragg (Mont. 2022). “Section 49-4-502(2), MCA. Lowry is entitled to an interpreter only if he meets that statutory definition—a factual determination for the trial court.”
Tyrrel v. State, 2005 MT 246N (Mont. 2005). “Tyrrel claims the court erred in finding: 1) Tyrrel is not a “deaf person” within the meaning of § 49-4-502(2), MCA, and was therefore capable of participating in his defense without the aid of a sign language interpreter; and 2) Tyrrel’s counsel effectively assisted him.”
Lowry v. State, 2026 MT 71N (Mont. 2026). “in which a deaf person is a principal party in interest,” the agency “shall appoint a qualified interpreter to interpret the proceedings to the deaf person and to interpret the deaf person’s testimony or statements.”
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