Criminal Defense of Immigrants

(D)  Gaps in Coverage.  Defense counsel should also be alert to enforce the defendant’s various rights to (a) a defense interpreter to assist counsel to consult with the client whenever necessary to an adequate defense, (b) a proceedings interpreter to translate the courtroom English into the defendant’s native tongue, and (c) a witness interpreter to translate the witness’ foreign-language testimony into English, so the proceedings interpreter can translate it into the defendant’s language, since the defendant has a right to know not only what the witness said, but also what the witness interpreter told the court and jury the witness said.

                If there are codefendants, or a foreign-language speaking witness, then keeping the needs of these various functions straight, making sure these different interpreter positions are properly filled, and documenting any gaps in coverage, are important parts of counsel’s job.  For example, if the defense interpreter is borrowed to serve as witness interpreter, counsel should object that during that critical part of the proceedings entirely disabled from consulting with the client.