New Mexico Statutes

N.M. Stat. § 38-10-6 (2026)

Interpreter waiver.

✓ current as of May 2026

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A. A non-English speaking person who is a principal party in interest or a witness
may at any point in any proceeding waive the right to the services of an interpreter, but
only when such waiver is:

       (1)     approved by the appointing authority after he has explained the nature
and effect of the waiver to the non-English speaking person through an interpreter; and

       (2)     made on the record after the non-English speaking person has consulted
with his attorney.

   B. At any point in any proceeding, a non-English speaking person may retract his
waiver pursuant to Subsection A of this section and request an interpreter.

History: Laws 1985, ch. 209, § 6.

Notes of Decisions

Cited in 2 cases, 2008–2017 · leading case: State v. an Xuan Nguyen, 185 P.3d 368 (N.M. Ct. App. 2008).

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State v. an Xuan Nguyen, 185 P.3d 368 (N.M. Ct. App. 2008). · cites it 2× “See NMSA 1978, § 38-10-6 (1985). However, as we have discussed, the complete absence of an interpreter is not the issue before us.”

State of Iowa v. Carlos Ariel Gomez Garcia, 904 N.W.2d 172 (Iowa 2017). “); N.M. Stat. Ann. § 38-10-6 (West, Westlaw-through 1st Reg.”

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