WOODLAND, Calif. — A felony arraignment in Yolo County Superior Court was delayed Friday, Oct. 30, after the court was unable to secure a sign language interpreter for a deaf man accused of being a fugitive from justice, while a conflict of interest involving his assigned public defender created an additional obstacle to proceeding.
The accused, who is deaf and uses a wheelchair, appeared remotely from custody but was unable to communicate effectively with Judge David Rosenberg or Deputy District Attorney Carolyn Palumbo.
During the appearance, the accused spoke loudly, but communication between him and court officials could not be established. Rosenberg acknowledged the communication barrier and directed that the accused be removed from the virtual courtroom while the court addressed the lack of interpreting services.
“[The accused] is deaf; we need to find a way to communicate,” Rosenberg said.
After the accused was removed from the virtual proceeding, Rosenberg indicated that the court had encountered recurring difficulties communicating with him because sign language interpreting services had not been available.
Deputy Public Defender Dave Muller had been expected to meet with the accused several days earlier, but the lack of an interpreter had prevented effective communication between the attorney and his client.
Rosenberg indicated that communication with the accused would need to take place through written correspondence until appropriate interpreting services could be arranged.
The hearing was further complicated when a conflict of interest involving Muller was identified, requiring the appointment of conflict counsel to represent the accused.
Rosenberg referred to the “number of comprehension issues observed today” and emphasized that the accused would need to be informed in writing about the status of his legal representation.
With no interpreter available and new counsel still to be appointed, the court was unable to proceed with the felony arraignment.
The lack of interpreting services also raised concerns about the accused’s ability to understand the proceedings, communicate with counsel and participate meaningfully in his defense.
Under the Americans with Disabilities Act, state courts are required to provide effective communication for people with disabilities, including appropriate auxiliary aids and services when necessary. For deaf individuals, those accommodations may include qualified sign language interpreters.
The court scheduled the accused’s next appearance for Nov. 2 at 9 a.m. in Department 9 of Yolo County Superior Court.
The arraignment was tentatively scheduled for 1:30 p.m. that same day, contingent on the appointment of conflict counsel and the availability of an interpreter.
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