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State v. Cham6/1/2004
that Cham intended to call during trial without requiring Cham to (1) make an offer of proof demonstrating that the witnesses he intended to call are handicapped in communication; and (2) make an offer of proof demonstrating that those witnesses would provide testimony that would be helpful to Cham. Although we decline to address those issues directly here, the district court is not precluded from reevaluating those issues at trial under the standards set forth in State v. Yang, 627 N.W.2d 666, 676 (Minn.App.2001), review denied (Minn. May 8, 2001) and State v. Lavastida, 366 N.W.2d 677, 680-81 (Minn.App.1985).
II.
The state argues that the district court abused its discretion by appointing an interpreter for Cham because (1) the evidence--including evidence that in a prior case Cham was not found to be handicapped in the English language--indicates that Cham is not handicapped in the English language, and therefore, is not entitled to an interpreter; and (2) the interpreter statute does not entitle Cham to have "somebody available in the event of a possible question"; it applies only to people so handicapped in the English language that they do not understand any of the proceedings.
The interpreter statute requires the appointment of an interpreter for a criminal defendant when that defendant is "handicapped in communication" because the defendant has "difficulty in speaking or comprehending the English language, cannot fully understand the proceedings or any charges made against the person ... or is incapable of presenting or assisting in the presentation of a defense." Minn.Stat. §§ 611.30, .31 (2002). Whether an interpreter shall be appointed for a defendant is within the discretion of the district court. State v. Perez, 404 N.W.2d 834, 838 (Minn.App.1987), review denied (Minn. May 20, 1987). We review the district court's decision to appoint or not appoint an interpreter under an abuse of discretion standard. State v. Saldana, 310 Minn. 249, 246 N.W.2d 37, 39 (1976).
Here, the district court implicitly found that Cham was "handicapped in communication" and therefore needed an interpreter present during the proceedings. Although the state's evidence that Cham was not handicapped in his ability to understand and speak English is compelling, we afford the district court "broad discretion based on its first-hand view" of indicators that a person is handicapped in communication, including: "mispronunciations, pauses, facial expressions, and gestures." See State v. Yang, 627 N.W.2d 666, 676 (Minn.App.2001) (finding, in the context of a witness who had already begun to testify, that the district court did not abuse its discretion in refusing to appoint an interpreter for the witness), review denied (Minn. July 24, 2001). Other indicators that a district court may consider, on a nonexclusive basis, in evaluating whether a person is handicapped in the English language include whether a "party's comprehension of the proceedings or communication with counsel or the presiding judicial officer" are inhibited. See 28 U.S.C. § 1827(d)(1) (discussing factors a presiding judicial officer may consider in assessing a party's need for an interpreter). The district court may also consider *127 the complexity of the proceedings in evaluating the defendant's need for an interpreter. United States v. Febus, 218 F.3d 784, 791 (7th Cir.2000). The district court should consider these factors, as well as other indicia of language competency, in evaluating whether an interpreter is required. The district court may wish to consider the possibility of a pre-trial hearing devoted, at least in part, to language competency issues. Here, because the standard of review for the appointment of interpreters is abuse of discretion, and because it
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