In any criminal case in which a non-English-speaking person is the accused, an interpreter for the non-English-speaking person shall be appointed. In any criminal case in which a non-English-speaking person is a victim or witness, an interpreter shall be appointed by the judge of the court in which the case is to be heard unless the court finds that the person does not require the services of a court-appointed interpreter. An English-speaking person fluent in the language of the country of the accused, a victim or a witness shall be appointed by the judge of the court in which the case is to be heard, unless such person obtains an interpreter of his own choosing who is approved by the court as being competent. The compensation of an interpreter appointed by the court pursuant to this section shall be fixed by the court in accordance with guidelines set by the Judicial Council of Virginia and shall be paid from the general fund of the state treasury as part of the expense of trial. Such fee shall not be assessed as part of the costs unless (i) an interpreter has been appointed for the defendant, (ii) the defendant fails to appear, (iii) the interpreter appears in the case and no other case on that date, and (iv) the defendant is convicted of a failure to appear on that date the interpreter appeared in the case, then the court, in its discretion, may assess as costs the fee paid to the interpreter. Whenever a person communicates through an interpreter to any person under such circumstances that the communication would be privileged, and such person could not be compelled to testify as to the communications, this privilege shall also apply to the interpreter. The provisions of this section shall apply in both circuit courts and district courts.
Code 1950, § 19.1-246.1; 1966, c. 240; 1974, c. 110; 1975, c. 495; 1978, c. 601; 1982, c. 444; 1985, c. 396; 1995, c. 546; 1996, c. 402; 2003, c. 1011; 2007, c. 383.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1990–2024 · leading case:
Saunders v. Commonwealth, 562 S.E.2d 367 (Va. Ct. App. 2002).
Saunders v. Commonwealth, 562 S.E.2d 367 (Va. Ct. App. 2002).
· cites it 8× “He argues that the general district court did not comply with Code § 19.2-164 1 when it appointed an interpreter and that the translations were inaccurate.”
Stubblefield v. Commonwealth, 392 S.E.2d 197 (Va. Ct. App. 1990).
· cites it 2× “Virginia Code § 19.2-164 states that “[i]n any criminal case in which a non-English-speaking person is the victim, an interpreter shall be appointed by the judge of the court in which the case is to be heard upon the request of the attorney for the Commonwealth and upon a…”
Particia (Tricia) Kelly Tharp v. Commonwealth of Virginia, No. 0088114 (Va. Ct. App. Oct. 11, 2011).
· cites it 17× “” She argues that this decision (1) violated her due process rights under the Fourteenth Amendment to the United States Constitution and (2) failed to adhere to Code § 19.2-164. For the following reasons, we disagree and affirm Tharp’s convictions.”
Ismail Takow v. Commonwealth, No. 2967044 (Va. Ct. App. June 6, 2006).
· cites it 10× “An English-speaking person fluent in the language of the country of the accused, a victim or a witness shall be appointed by the judge of the court in which the case is to be heard, unless such person obtains an interpreter of his own choosing who is approved by the court as…”
Dereck Earl Majette v. Commonwealth, No. 1400011 (Va. Ct. App. Aug. 20, 2002).
· cites it 7× “Appellant further contends the general district court judge violated the requirements of Code § 19.2-164 5 Appellant did not object to the qualifications of the interpreter or the accuracy of the translation during the preliminary hearing.”
Roderick Wayne McDowell v. Commonwealth of Virginia, No. 0510082 (Va. Ct. App. June 9, 2009).
· cites it 4× “On appeal, appellant challenges the circuit court’s admission of the transcript of the victim’s preliminary hearing testimony by asserting that Deputy Ramos, the victim’s interpreter in district court, was “not a certified interpreter,” “not duly appointed by the district…”
Hussin F. Abed Ali v. Commonwealth of Virginia, No. 1894222 (Va. Ct. App. May 28, 2024).
· cites it 2× “Ali further argued that Code § 19.2-164 and Virginia Rule of Evidence 2:604 required the appointment of an interpreter for Ali before the second interview because at that point he had been charged and arrested.”
Mirgazy Koroshev v. Commonwealth of Virginia, No. 1235134 (Va. Ct. App. Nov. 12, 2014).
· cites it 2× “2 Code § 19.2-164 provides for the appointment of an interpreter “[i]n any criminal case in which a non-English-speaking person is the accused.”
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