ILNews

Solvent defendant must pay for interpreter

Jennifer Nelson
January 1, 2008
Keywords
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."
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

ADVERTISEMENT