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Must police get an interpreter when there is a CODA who could interpret?

  • Writer: Stephen Goforth
    Stephen Goforth
  • Sep 18, 2021
  • 2 min read

The question is being considered by the Seventh Circuit Court of Appeals.

The case started when police in Oconto, Wisconsin failed to call an interpreter for Renee Lange, a deaf mother, and instead relied on her hearing daughter who was a minor at the time. The police arrested the mother during the 2016 noise disturbance call. Oral arguments were offered yesterday in Chicago. Lange filed a lawsuit two years later, saying it was a volilation of ADA law for the police to not call a sign language interpreter. The Oconto police claim that the did nothing wrong, and it is her fault for not requesting an interpreter immediately. The same thing happened during multiple encounters between the Lange's and police. A judge sided with the police but that ruling was appealed—bringing the issue before the Seventh Circuit. Her attorneys told the panel of three judges for the Seventh:

"These people didn't even attempt to call for an interpreter on any of these occasions, and so to give them a pass because they were not prepared despite this law being on the books for 30 years, is not what should be excused...interpreting may expose minor children to sensitive adult subject matter that is not appropriate. Second, it may place these children in an inappropriate position vis-à-vis their adult relatives and may be a request that is difficult for the child to decline. And third, the children may lack impartiality or specialized vocabulary that is necessary to provide effective communication, which is the obligation of the public entity."

There is an audio recording of the Friday proceedings here but there appears there is no transcript. You can read the lawsuit here.


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It's not clear when a ruling will be issued.

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