Criminal Defense of Immigrants

(A)  In General.  The court should ensure that every defendant and witness is fully capable of communicating with counsel and all others in the courtroom through an interpreter if necessary.  Even if an interpreter is not requested, the court should assess the need for one if it comes to the court’s attention that the defendant or witness is unable fully to understand English or to express him- or herself in English freely throughout the proceedings.  The court should ensure that the interpreter is qualified, competent, and unbiased, and monitor the interpretation so as to correct any problems that arise.  Finally, the court should act to ensure that no bias or prejudice operates against a party or witness on account of the need for an interpreter.