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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 riseThat'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.
Betsy Edwards, director of the Virginia Indigent Defense Coalition, doesn't have a problem with interpreters being paid a fee with no cap. She finds it ironic, however, that the client's lawyer might have a fee cap but the interpreter would not. She believes interpreters are vital in cases where defendants and witnesses don't speak English.
Serving a growing populationBetween July 2000 and July 2004, according to U.S. Census Bureau data, Virginia's Hispanic population increased 28 percent. The state's overall population rose just 5 percent in that time.
The growing Hispanic population has had an effect in Fredericksburg-area courts.
According to data from the Virginia Supreme Court, Spanish was the language interpreted in 95.4 percent of area cases that required a foreign-language interpreter in the past five years.
In Fredericksburg and four surrounding counties, the price tag for foreign-language interpreting in court has grown steadily.
Nearly $300,000 has been spent on foreign-language interpreters in Stafford County's lower and circuit courts since the 2001 fiscal year. The figure is about $151,000 in Spotsylvania, $128,000 in Fredericksburg, $67,000 in Caroline County and $35,000 in King George County.
"It costs a lot of money," said Sheri Pearson, clerk of Stafford General District Court. "It adds up."
Foreign-language interpreters are used frequently in Stafford General District Court. In the 2005 fiscal year there were 590 cases requiring language interpreters in that court. The area's next-highest tally was in Fredericksburg General District Court--which needed interpreters in 215 cases that year.
Pearson said foreign-language interpreters are required in many cases involving driving offenses and identity fraud. She said there is a need for an interpreter almost every day, and some days for as many as 30 cases.
For the past few years, Pearson said, Stafford General District Court has assigned a Spanish-language interpreter to come in every morning that there's traffic or criminal court. That person stays as long as there are cases on the docket requiring interpreting.
Pearson and Spotsylvania General District Court Clerk Kyra Bullock said they haven't had a hard time finding Spanish interpreters. The state has been certifying Spanish interpreters since 1995, and the Virginia Supreme Court keeps a list of certified interpreters.
Bullock and Pearson said it can be hard finding interpreters for languages other than Spanish. Bullock recalls struggling to find an interpreter who spoke Gujarati, an Indian dialect. Both clerks said they use a Northern Virginia firm called Languages Inc. to find non-Spanish interpreters.
The Virginia Supreme Court hopes to eventually certify interpreters in other languages, said Amy Bradshaw, the high court's interpreter services coordinator. She said that Korean, Vietnamese and Mandarin Chinese are the most likely candidates.
Since fiscal 2001 the need for interpreters in those three languages has been the highest after Spanish in the Fredericksburg area, although combined the three account for a little more than 2 percent of all cases where an interpreter was needed.
A challenging jobStephanie M. Williams has been interpreting since 1989 and has seen the rising need for the service. The Manassas woman is on the state's list of certified Spanish-language interpreters. She said that she has interpreted more than 5,000 cases, including in Stafford and Spotsylvania.
She said most of the cases have involved drunken driving, domestic violence and gang activity. She said she could interpret in court every day if she wanted to.
Williams said she got about $25 per hour when she started interpreting in 1989. But even though the going rate has now doubled, Williams said interpreters are not overpaid. She points out that they receive no benefits and have to stay current on language skills through classes and study.
Williams said the test to become a certified interpreter is "very demanding," requiring oral and written skills. She said the work in court is physically draining, as you must accurately interpret not just words but the emotions of every statement.
"You have to really be on your feet and be extremely focused," Williams said.
Thankfully for all involved in Spotsylvania's Moon Spa case, the interpreter who arrived Thursday afternoon fit that description much better than the one in the morning.
Every time Judge Simpson or an attorney spoke, the interpreter quietly informed the defendants what was going on. She made hand signals to emphasize the emotions of the proceeding.
She was able to explain difficult legal terms such as pleading no contest and taking an Alford plea. The hearing went smoothly, the defendants pleaded guilty and Simpson thanked the interpreter for her service.
And the Moon Spa case came to an end.
To reach BILL FREEHLING:
Email: bfreehling@freelancestar.com
