 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Cardenas11/18/2002
person is indigent and needs the interpreter's services; to the contrary, the directive's wording assumes that courts have such authority. This is consistent with our case determinations. We have previously held that a county court has the authority to make determinations of indigency apart from the public defender's decision regarding indigency when a person seeks representation by that office. See Rodden v. Colo. State Penitentiary, 52 P.3d 223 (Colo. 2002) (county court had authority to determine indigency and its ruling that the incarcerated person was indigent precluded requiring an appeal bond).
In my view, Chief Justice Directive 90-01 allows the county court the discretion it thought it lacked. The directive provides plainly that (1) the court "may appoint more than one interpreter in any one case," and (2) the court "may appoint, at state expense, an additional interpreter for any party to a court case when there is a finding of indigency as to that individual." Chief Justice Directive 90-01, Section 2, as Amended 8/16/01. In juxtaposition, the directive provides that the cost of an additional interpreter may be assessed against a non-indigent party to the case, as a court cost:
In instances where there is no finding of indigency, the court may appoint an additional interpreter whose fees may be considered court costs pursuant to statute and may be assessed to parties in the case. Id.
When read in its entirety, this Chief Justice Directive assigns to the court the determination of whether the costs of an additional interpreter ought to be charged to a party or not depending on whether the party is indigent. The court should make that determination of indigency consistent with section 13-16-103, 5 C.R.S. (2002) and Chief Justice Directive 98-01, Section II, as Revised 6/1/98. See Walcott v. Dist. Court, 924 P.2d 163, 167 (Colo. 1996).
B. Pro Bono Services
Colorado attorneys have a professional responsibility not to refuse the cause of the defenseless or oppressed.
I will never reject, from any consideration personal to myself the cause of the defenseless or oppressed.
Oath of Admission, Colorado Supreme Court, sixth clause. Colo. RPC 6.1 states an aspirational goal of 50 hours per year per attorney in pursuit of this responsibility. Nothing in Colo. RPC 6.1 states that the "persons of limited means" who would benefit from this representation cannot be a criminal defendant. See Colo. RPC 6.1 (a)(1).
Nor is a county court prohibited from accepting the appearance of a pro bono attorney in a criminal case because interpreter services would be required. The county court need not accept such an appearance, because the indigent person is not entitled to representation by a particular attorney, but it has discretion to do so. The county court, in the case before us, so recognized by entering attorney Zimmerman's appearance. But, the court labored under the mistaken impression that it had no authority to make a determination of indigency and provide the out-of-courtroom interpreter service attorney Zimmerman might need to effectively represent Cardenas.
The result of the county court's ruling is that attorney Zimmerman must pay for the interpreter services if she wishes to represent Zimmerman pro bono. Such a holding deters rather than encourages pro bono representation.
This court has actively encouraged pro bono representation of indigent defendants. See Colo. RPC 6.1; Justice Rebecca L. Kourlis & Judge Daniel M. Taubman, Changes to Code of Judicial Conduct Allow Judges to Support Pro Bono Legal Services, 29 Colo. Law. 41 (May 2000). Judges have a special opportunity and obliga
Page 1 2 3 4 5 6 7 Colorado DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|