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People v. Cardenas11/18/2002
that indigent defendants are entitled to have counsel appointed at the expense of the state. See Colo. Const. art. II, § 16; Allen v. People, 157 Colo. 582, 404 P.2d 266 (1965); U.S. Const. amend VI; Gideon v. Wainwright, 372 U.S. 335 (1963).
Although indigent defendants are entitled to state-paid legal representation and supporting services, Defendant fails to notice the last phrase in section 18-1-403 which provides that such representation is only, "to the extent and in the manner provided for in articles 1 and 2 of title 21, C.R.S." § 18-1-403, 6 C.R.S. (2002). The General Assembly has created an agency charged with providing legal representation and services to indigent defendants: the office of state public defender. See § 21-1-101 to -106, 6 C.R.S. (2002). Pursuant to section 21-1-103(3), 6 C.R.S. (2002), the public defender's office, upon application from a defendant, is required to make a determination that the defendant is indigent before he may obtain the services of that office.
In this case, Defendant has not applied for the services of the public defender. Instead, he chose to be represented by Ms. Zimmerman. While an indigent defendant has the right to legal representation and supporting services at state expense, he does not have the right to pick the attorney of his choice. See People v. Coria, 937 P.2d 386 (Colo. 1997); People v. Shook, 186 Colo. 339, 527 P.2d 815 (1974); Valarde v. People, 156 Colo. 375, 399 P.2d 245 (1965). If Defendant wants the state to pay the costs of his attorney and supporting services, his only choice is to be represented by the public defender, or in the case of a conflict, a state-appointed alternate defense counsel. See § 21-2-101 to -106, 6 C.R.S. (2002). While he certainly has a right to be represented by Ms. Zimmerman, the state is not obliged to pay the costs of that representation.
In addition, Defendant points to Chief Justice Directive 90-01 (amended Aug. 16, 2001), to support his view that the trial court should have appointed a translator. Chief Justice directives represent an expression of Judicial Branch policy, to be given full force and effect in matters of court administration. See Office of the State Court Adm'r v. Background Info. Servs., Inc., 994 P.2d 420, 431 (Colo. 1999).
Defendant reads directive 90-01, an expression of policy regarding the hiring of interpreters, much more broadly than we do. Pursuant to the directive, the only situation in which the appointment of a state-paid interpreter is mandatory is for translation of in-court proceedings. The directive, we conclude, does not require the trial court to appoint a private interpreter under the facts of this case.
We encourage lawyers to engage in pro bono representation of indigent defendants. However, we have found no statute or case which would lead us to conclude that the trial court abused its discretion in refusing to appoint an interpreter for the Defendant.
III. CONCLUSION
The trial court did not abuse its discretion in refusing to appoint a private interpreter for Defendant. Accordingly, the rule to show cause is discharged.
Justice Hobbs dissents and Justice Martinez joins in the dissent. People v. Cardenas, No 02SA236
Justice Hobbs, dissenting:
I respectfully dissent. Our rule to show cause required briefing and response on the following question:
Whether the county court has discretion to appoint a translator for an indigent client who is represented by a pro bono attorney in a criminal case. (emphasis added).
In my view, the county court erred in determining that it did not have discretion to appoint an interpreter to a
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