Going to court can be stressful for anyone. But when a person does not speak English fluently—or has a hearing impairment—the court process can become even more confusing and intimidating. A person who can’t understand what is being said in a courtroom or can’t hear what is being said is considered incompetent. Competency is required for all parties in court proceedings in Massachusetts. If you have a language problem or are hearing impaired it is your responsibility to notify the Court that you have a problem.
Massachusetts courts recognize this problem and have systems in place to help ensure that people can meaningfully participate in their cases regardless of language barriers or hearing disabilities.
Whether you are involved in a divorce, custody dispute, restraining order hearing, criminal matter, housing case, or probate proceeding, understanding your rights is important.
Court Interpreters in Massachusetts
Massachusetts courts provide interpreters for parties, witnesses, and sometimes victims in court proceedings when English is not their primary language.
The interpreter’s role is not to provide legal advice or advocate for either side. Instead, the interpreter is there to accurately translate what is being said in court so that everyone can understand the proceedings.
Interpreters may be available for many languages, including Spanish, Portuguese, Mandarin, Cantonese, Haitian Creole, Arabic, Russian, and others.
In most situations, the interpreter services are provided at no cost to the litigant.
When Can You Request an Interpreter?
You should request an interpreter as early as possible before your court date.
In many cases, the request can be made:
Through your attorney
Directly with the clerk’s office
Through the Trial Court’s interpreter office
On certain court forms
If the court knows in advance that an interpreter is needed, it is far more likely that one will be available on the hearing date.
Last-minute requests can sometimes cause delays or continuances.
Hearing Impairment and Court Accommodations
Massachusetts courts are also required to provide reasonable accommodations for individuals who are deaf or hard of hearing.
These accommodations may include:
American Sign Language (ASL) interpreters
CART services (real-time transcription)
Assisted listening devices
Written communication accommodations
Other auxiliary aids
The goal is to ensure that individuals with hearing impairments can fully understand and participate in the court process.
Laws that protect hearing impaired people
Massachusetts has a law that requires, in all court proceedings in which a deaf or hearing-impaired person is a party or a witness, that the court shall appoint a qualified interpreter unless such deaf or hearing-impaired person knowingly, voluntarily, and intelligently waives, in writing the appointment of the interpreter. In addition, Massachusetts courts must comply with the Americans with Disabilities Act (ADA). Under the ADA, courts are generally required to provide reasonable accommodations to qualified individuals with disabilities.
If you need accommodations because of a hearing impairment, it is important to notify the court as early as possible before the hearing. In the past I have requested accomodation by letter. The Courts now have an official form to request accommodations and prefer that individuals use the official form. The official form can be found at Mass.gov.
Why Language Access Matters
A court proceeding can involve complicated legal terminology, financial issues, parenting plans, testimony, evidence, and procedural rules.
Without proper interpretation or hearing accommodations, a person may:
Misunderstand court orders
Miss deadlines
Fail to present important evidence
Be unable to respond appropriately to questions
Lose important legal rights
This is especially important in family law cases, where court decisions may affect children, finances, property division, support obligations, or restraining orders.
Family Members Usually Should Not Interpret
Many people assume they can simply bring a family member or friend to interpret for them.
That is usually not a good idea.
Family members may unintentionally omit information, mistranslate legal terminology, or become emotionally involved in the case. Courts generally prefer trained interpreters to ensure accuracy and fairness.
In addition, children should almost never be used to interpret during legal proceedings involving their parents.
Remote Hearings and Interpretation Issues
Since the expansion of virtual court hearings, interpretation services have become more complicated in some situations.
Technical problems, poor audio quality, and multiple speakers talking at once can create difficulties for interpreters and participants alike.
If you are participating in a Zoom hearing and need interpretation services or hearing accommodations, notify the court ahead of time and test your technology before the hearing.
What If the Interpreter Makes a Mistake?
Interpreting legal proceedings is difficult work, and mistakes can happen.
If you believe something was translated incorrectly—or if you do not understand the interpreter—you should immediately tell your attorney or notify the judge.
It is far better to address confusion during the hearing than after orders have already entered.
Final Thoughts
Access to justice depends on people being able to understand what is happening in court.
Massachusetts courts recognize that language barriers and hearing impairments can interfere with fairness, and they provide important services designed to help litigants fully participate in the legal process.
If you are involved in a Massachusetts court case and believe you need an interpreter or hearing accommodation, do not wait until the last minute. Request assistance early and make sure the court is aware of your needs before your hearing date arrives.
