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Interpreters play vital role in court Story by BILL FREELING E

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A look at foreign language interpreters in court

Date published: 5/7/2006

By BILL FREEHLING

EVERYTHING seemed in place Thursday morning in Spotsylvania County Circuit Court for the culmination of a long and controversial investigation.

More than three months had passed since Spotsylvania sheriff's detectives received sexual services as part of a prostitution investigation at the Moon Spa, a now shut-down massage parlor on State Route 3.

The national media firestorm had long since died down. The courtroom was nearly empty Thursday morning for the case's resolution.

The two owners of the business were in court to plead guilty to illegal activity at the Moon Spa. The defense attorney, prosecutor and judge were ready.

But there was a problem.

The woman hired to interpret the proceedings into Korean for defendants Chung Hwan Choe and Hae Suk Chun was struggling to understand English. While Circuit Judge Ann Hunter Simpson spoke, the interpreter stood silent. Simpson noticed.

"Ma'am, you need to interpret everything that was said," Simpson told her.

The judge determined that the woman did not have a grasp of the English language. Simpson refused to allow the guilty plea to be entered until a more qualified interpreter arrived. The case was delayed until the afternoon.

Cost of interpreters on rise

That's an example of the vital role foreign-language interpreters sometimes play in Virginia's criminal justice system. It's a role that's costing taxpayers more every year.

Interpreters are appointed in Virginia for defendants and witnesses who don't speak English. The interpreters are paid from the general fund of the state treasury as part of the expense of trial.

In November 2003, the Judicial Council of Virginia established payment guidelines for interpreters. The suggested rate for certified interpreters is $60 per hour, while a $40-per-hour rate was set for non-certified interpreters. There's a two-hour minimum, and there are no fee maximums per case.

There are different rules for Virginia court-appointed attorneys, who charge a $90 hourly rate but whose fees are capped in non-capital cases based on the severity of the offense.

For example, fees for court-appointed attorneys are capped at $1,186 for felony charges that carry more than 20 years in prison, and $428 for felonies carrying up to 20 years in prison. The fee cap is $112 for misdemeanor cases in lower courts.


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Date published: 5/7/2006