Solvent defendant must pay for interpreter

Jennifer Nelson
January 1, 2008
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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."

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

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