State v. LinaresState v. Linares
The Office of the Public Defender seeks reimbursement from the County of Essex for expenses in connection with payment of interpreters who translate court proceedings for non-English speaking defendants during criminal cases. The issue arises in the context of a concluded matter, but the Public Defender in essence seeks a declaration that the county must pay for such expenses in the future. County counsel originally posed a procedural concern because the issue arises in the context of a collateral motion in a criminal case. There are various issues concerning procedure, including the absence of a civil suit and discovery incident thereto. However, during argument it became clear that there is no prejudice to the county from the nature of these proceedings and that the parties have been given adequate time to obtain discovery and to canvass the relevant practices throughout the State. As a result, the county poses no procedural objection, and I will not dispose of the issue on that ground. However, I will consider only the questions before me in the context of the particular criminal case in which the issue arises.
There can be no doubt that a defendant in a criminal case has the right to the assistance of an interpreter so that he can understand the nature of the ongoing proceedings. The constitutional right of a defendant to such assistance has already been established. State v. Vasquez, 101 Utah 444, 121 P.2d 903 (Sup.Ct. 1942); Chavira Gonzales v. United States, 314 F.2d 750 (9 Cir.1963); Tapia-Corona v. United States, 369 F.2d 366 (9 Cir.1966); United States ex rel. Negron v. State of New York, 310 F. Supp. 1304 (E.D.N.Y. 1970), aff‘d 434 F.2d 386 (2 Cir.1970). After Pointer v. Texas, 380 U.S. 400, 85 S.Ct. 1065, 13 L.Ed.2d 923 (1965) extended the Sixth Amendment right of confrontation of adverse witnesses to the states through the Fourteenth Amendment, the states construed that right to include an interpreter for the defendant so that he can meaningfully understand the proceedings and consult with counsel concerning examination and cross-examination.
Recently, the Supreme Court of Oklahoma addressed the full extent of the right to an interpreter in Application of Murga, 631 P.2d 735 (Okl.Sup.Ct. 1981):
When a defendant cannot speak or understand English, however, several of these rights cannot be preserved without the assistance of an interpreter. Among these rights are the right to counsel, the right to confront adverse witnesses, the right to cross-examine those witnesses, and the right to be present at one‘s own trial. Without an interpreter any prosecution of those defendants would be constitutionally infirm. [at 736]
The question before me is not whether an indigent defendant has the right to the assistance of an interpreter but whether that assistance should be provided at the expense of the state or county government. New Jersey has a statutory provision permitting the appointment of court interpreters in certain counties, and providing for the compensation of such interpreters.
The Public Defender Act provides, in part, that “[a]ll necessary services and facilities of representation (including investigation and other preparation) shall be provided in every case.”
It appears that the Public Defender Act of 1967 does not specifically address this issue, and that
On its face
On its face,
The Public Defender candidly recognizes its obligation to supply interpreter assistance for attorney-client conferences, during trial and otherwise. See
The Public Defender, however, points to the Compilation of Administrative Directives for New Jersey Judges promulgated by the Administrative Director of the Courts. This compilation provides, in part:
Use of Interpreters
In criminal cases the county is to bear the expense of interpreters. An interpreter should be provided for the complete trial of a defendant who does not speak English. For interpreters for the deaf see Page 144. Summary of Assignment Judges Meeting, 5/21/71.
The Board of Freeholders must provide for the necessary court interpreters, either by salaried interpreters or by per diems, depending upon the needs as set out by the court. Summary of Assignment Judges Meeting, 6/15/72. [Administrative Office of the Courts, Compilation of Administrative Directives for New Jersey Judges, at 123]
I, of course, must acknowledge the binding effect of an administrative directive. The Supreme Court has the power to promulgate rules of administration as well as practice and procedure, see
I need not decide if the quoted passage is substantive or procedural. All procedural directives involve some substance. See Winberry v. Salisbury, 5 N.J. 240 (1950); Busik v. Levine, 63 N.J. 351 (1973) cert. den. 414 U.S. 1106, 94 S.Ct. 831, 38 L.Ed.2d 733 (1973). The passage quoted above from the compilation of directives, and
For the foregoing reasons, given
My decision preserves the status quo in the criminal courts of this county. If it did not, I would stay my order. No criminal case in this county or otherwise can be delayed by consideration of this issue. The criminal calendar must go forward pending further proceedings — including appeals — respecting this decision. The Public Defender shall continue to provide interpreter services in the future as in the past.