What Is RCW 2.42.160?

RCW 2.42.160 is a Washington statute within Chapter 2.42 – Interpreters in legal proceedings. This section focuses on privileged communication — that is, communications protected by law from disclosure — when a qualified or intermediary interpreter is involved. 

Under this law:

• A qualified or intermediary interpreter cannot be compelled to testify about privileged communications they interpreted unless all parties to that communication have written consent. 
• The interpreter also may not be questioned about any information obtained through interpretation pertaining to a pending proceeding without that same written consent. 

In practice, this protects confidentiality when interpreters work with individuals in situations where legal privilege applies (e.g., attorney‑client conversations).*

Why Privileged Communication Matters in Court

Preserving Fair Process

In legal and administrative settings, certain communications are protected by privilege — for example:

• attorney‑client communications,
• communications between a client and their legal representative, and
• other legally recognized confidential interactions.

When interpreters are involved, they may hear or translate communications that should remain confidential. RCW 2.42.160 preserves that confidentiality, ensuring interpreters are not inadvertently turned into witnesses against a party whose communication was privileged. 

Clarifying “Qualified” and “Intermediary” Interpreters

Under the broader Chapter 2.42, Washington law defines:

• a qualified interpreter as someone certified to interpret accurately for hearing or speech‑impaired persons, and
• an intermediary interpreter as someone assisting when communication modes are particularly complex. 

Both types are covered by RCW 2.42.160’s protections regarding privilege.

When RCW 2.42.160 Applies

Court Proceedings

If a hearing‑impaired party is involved in a civil, criminal, juvenile, licensing, or administrative proceeding, an interpreter must be appointed and, once involved, is subject to the protections in RCW 2.42.160. 

Privilege in Ongoing Cases

The statute also prevents examination of interpreters about information they learned during interpretation in a still‑pending proceeding, ensuring that the very act of interpreting does not expose sensitive material unless the involved parties agree in writing. 

Written Consent Requirement

The key trigger for RCW 2.42.160 is written consent by all parties to the privileged communication. Without such consent, neither privileged communications nor the interpreter’s related knowledge can be probed, even through deposition or at trial. 

Practical Considerations for Attorneys and Interpreters

Legal counsel should:

• ensure interpreters understand their rights and limitations under this statute,
• obtain written consent when appropriate, and
• consider privilege implications during case strategy.

Interpreters should be trained on confidentiality and privileged communication to avoid inadvertent violations.

Call to Action

If you or someone you represent is navigating legal interpretation issues, or you need help understanding how RCW 2.42.160 may apply, contact Blanford Law today at ken@blanfordlaw.com or 253‑720‑9304 for guidance on your legal matter.

Additional Resources

1. Ensuring Justice for All: The Essential Role of Interpreters in Washington’s Legal System (Washington Rule of Evidence 604)
   Explores the duties and qualifications of court interpreters under Evidence Rule 604 and their role in protecting due process.
2. Interpreter Hearsay Rule in Washington
   Breaks down how interpreter statements are treated under Washington’s hearsay rules and how courts address reliability.
3. Understanding Washington Rule of Evidence 501: A Guide to Privilege in Legal Proceedings
   Offers a comprehensive overview of legal privilege and its application to communications involving attorneys, clients, and interpreters.
4. RCW 5.60.060: Public Officer Privilege
   Discusses the limits and protections provided to public officers under Washington’s privilege statutes.
5. RCW 7.75.050: Ensuring Confidentiality and Privileged Communications in Dispute Resolution Centers in Washington
   Examines confidentiality laws governing communications in Washington dispute resolution centers, with emphasis on RCW 7.75.050.