Solvent defendant must pay for interpreter

Jennifer Nelson
January 1, 2008
Back to TopCommentsE-mailPrintBookmark and Share
A solvent, non-English speaking defendant in a criminal case must pay for a defense interpreter, but the court will continue to provide for proceedings interpreters at the public's expense, ruled the Indiana Supreme Court, upholding a previous decision by the Indiana Court of Appeals.

The high court granted transfer to Jesus Arrieta v. State of Indiana, No. 10S05-0704-CR-139, to determine whether Arrieta was entitled to a court-funded defense interpreter. Arrieta, who did not speak English, was charged with dealing cocaine, a Class A felony. Arrieta, who posted a $50,000 bond and hired an attorney for the hearing, received a court-appointed interpreter at his initial hearing June 14, 2005.

In late August 2005, the court advised Arrieta's attorney that Arrieta needed to hire his own interpreter at his expense for future hearings because the court does not provide interpreters unless the defendant can show indigency. Arrieta objected and showed up at his pre-trial hearing without one.

The trial court denied Arrieta's motion to provide translator services, which requested a publicly funded court interpreter for all future hearings. The court ruled Arrieta had the burden to show he is unable to pay for a translator, which he did not prove.

The Indiana Supreme Court granted transfer after the Court of Appeals affirmed the trial court's decision.

Non-English speakers have a right to have court proceedings translated simultaneously to allow for effective participation. A non-English speaking criminal defendant's rights can't be preserved without the assistance of a "defense interpreter," wrote Chief Judge Randall T. Shepard. However, the public should not pay for the defense interpreter when the non-English speaking defendant is solvent.

Indiana statute doesn't address interpreter fees in criminal proceedings, but the high court agrees with the Indiana Court of Appeals that solvent defendants are not entitled to court-funded interpreters, at least in the absence of affirmative legislation, wrote Chief Justice Shepard.

Arrieta did not present any evidence that he was indigent and the only evidence on record about his financial ability is that he paid a $50,000 bond and hired his own attorney. He had ample opportunity to show his inability to pay, but did not, so Arrieta is required to pay for his own defense interpreter.

In regards to who should pay for proceedings interpreters, the Supreme Court again agreed with the Court of Appeals that these interpreters should be court-funded. Proceedings interpreters serve the whole court and are necessary to ensure intelligible and fair proceedings.

"Just as a trial cannot proceed without a judge or bailiff, an English-speaking court cannot consider non-English testimony without an interpreter," wrote Chief Justice Shepard. "This analogy suggests that the government should provide proceedings interpreters when necessary in criminal proceedings, whether the witness has been called by the prosecution or the defense, and we perceive this as the practice now prevailing."

Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit