State Codes and Statutes

Statutes > Missouri > T32 > C476 > 476_760

Privileged communications--commencement of proceedings,requirement--waiver of right, requirement--fees--payment.

476.760. 1. All communications between a deaf person and suchperson's attorney through the use of auxiliary aids and services shall beprotected as privileged communications in the same manner as communicationsbetween an attorney and such attorney's hearing client. The auxiliary aidsand services provider cannot be compelled to testify as to the informationretained.

2. In any action or proceeding in which an auxiliary aids andservices provider is required to be appointed, the court or administrativeauthority may not commence proceedings until the appointed auxiliary aidsand services provider are in full view or spatially situated to assureproper communication with the deaf person or persons involved asparticipants.

3. No waiver of the right to auxiliary aids and services by a deafperson shall be valid unless that deaf person knowingly and voluntarilysigns a written waiver. Such waiver is subject to the approval of counselto the deaf person. If no counsel is used, then it is subject to theapproval of the designated responsible authority. In no event is thefailure of the deaf person to request a qualified interpreter and auxiliaryaids and services provider deemed a waiver of that right.

4. An auxiliary aids and services provider appointed pursuant tosections 476.750 to 476.766 is entitled to a reasonable fee for suchprovider's service, including waiting time, necessary travel expenses andsubsistence expenses. The fee may be based on a fee schedule forinterpreters and auxiliary aids and services recommended by the Missouricommission for the deaf and hard of hearing. Reimbursements for necessarytravel and subsistence expenses shall be at the rates provided by law forstate employees.

5. The fees and expenses of providers of auxiliary aids and serviceswho serve before any civil court or criminal, civil or juvenile proceedingare payable from funds appropriated to the office of the state courtsadministrator.

6. At no time shall any deaf person involved in a proceeding oraction as provided for in sections 476.750 to 476.766 assume any portion ofthe cost for an interpreter or auxiliary aids and services nor shall thecourt, board, commission, department, agency or legislative body assess thecost for an interpreter or auxiliary aids and services to the cost of suchproceedings.

(L. 1993 S.B. 88 § 7, A.L. 1999 S.B. 1, et al., A.L. 2002 H.B. 1783)

State Codes and Statutes

Statutes > Missouri > T32 > C476 > 476_760

Privileged communications--commencement of proceedings,requirement--waiver of right, requirement--fees--payment.

476.760. 1. All communications between a deaf person and suchperson's attorney through the use of auxiliary aids and services shall beprotected as privileged communications in the same manner as communicationsbetween an attorney and such attorney's hearing client. The auxiliary aidsand services provider cannot be compelled to testify as to the informationretained.

2. In any action or proceeding in which an auxiliary aids andservices provider is required to be appointed, the court or administrativeauthority may not commence proceedings until the appointed auxiliary aidsand services provider are in full view or spatially situated to assureproper communication with the deaf person or persons involved asparticipants.

3. No waiver of the right to auxiliary aids and services by a deafperson shall be valid unless that deaf person knowingly and voluntarilysigns a written waiver. Such waiver is subject to the approval of counselto the deaf person. If no counsel is used, then it is subject to theapproval of the designated responsible authority. In no event is thefailure of the deaf person to request a qualified interpreter and auxiliaryaids and services provider deemed a waiver of that right.

4. An auxiliary aids and services provider appointed pursuant tosections 476.750 to 476.766 is entitled to a reasonable fee for suchprovider's service, including waiting time, necessary travel expenses andsubsistence expenses. The fee may be based on a fee schedule forinterpreters and auxiliary aids and services recommended by the Missouricommission for the deaf and hard of hearing. Reimbursements for necessarytravel and subsistence expenses shall be at the rates provided by law forstate employees.

5. The fees and expenses of providers of auxiliary aids and serviceswho serve before any civil court or criminal, civil or juvenile proceedingare payable from funds appropriated to the office of the state courtsadministrator.

6. At no time shall any deaf person involved in a proceeding oraction as provided for in sections 476.750 to 476.766 assume any portion ofthe cost for an interpreter or auxiliary aids and services nor shall thecourt, board, commission, department, agency or legislative body assess thecost for an interpreter or auxiliary aids and services to the cost of suchproceedings.

(L. 1993 S.B. 88 § 7, A.L. 1999 S.B. 1, et al., A.L. 2002 H.B. 1783)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T32 > C476 > 476_760

Privileged communications--commencement of proceedings,requirement--waiver of right, requirement--fees--payment.

476.760. 1. All communications between a deaf person and suchperson's attorney through the use of auxiliary aids and services shall beprotected as privileged communications in the same manner as communicationsbetween an attorney and such attorney's hearing client. The auxiliary aidsand services provider cannot be compelled to testify as to the informationretained.

2. In any action or proceeding in which an auxiliary aids andservices provider is required to be appointed, the court or administrativeauthority may not commence proceedings until the appointed auxiliary aidsand services provider are in full view or spatially situated to assureproper communication with the deaf person or persons involved asparticipants.

3. No waiver of the right to auxiliary aids and services by a deafperson shall be valid unless that deaf person knowingly and voluntarilysigns a written waiver. Such waiver is subject to the approval of counselto the deaf person. If no counsel is used, then it is subject to theapproval of the designated responsible authority. In no event is thefailure of the deaf person to request a qualified interpreter and auxiliaryaids and services provider deemed a waiver of that right.

4. An auxiliary aids and services provider appointed pursuant tosections 476.750 to 476.766 is entitled to a reasonable fee for suchprovider's service, including waiting time, necessary travel expenses andsubsistence expenses. The fee may be based on a fee schedule forinterpreters and auxiliary aids and services recommended by the Missouricommission for the deaf and hard of hearing. Reimbursements for necessarytravel and subsistence expenses shall be at the rates provided by law forstate employees.

5. The fees and expenses of providers of auxiliary aids and serviceswho serve before any civil court or criminal, civil or juvenile proceedingare payable from funds appropriated to the office of the state courtsadministrator.

6. At no time shall any deaf person involved in a proceeding oraction as provided for in sections 476.750 to 476.766 assume any portion ofthe cost for an interpreter or auxiliary aids and services nor shall thecourt, board, commission, department, agency or legislative body assess thecost for an interpreter or auxiliary aids and services to the cost of suchproceedings.

(L. 1993 S.B. 88 § 7, A.L. 1999 S.B. 1, et al., A.L. 2002 H.B. 1783)