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People v. Cardenas11/18/2002
ng services should be provided at the state's expense depends on the necessity of the service, no matter who represents the defendant. See Matthews v. Price, 83 F.3d 328, 335 (10th Cir. 1996) (indigent defendant, represented by private counsel, is entitled to state appointed expert only if he shows such services are necessary to an adequate defense); Brown v. Dist. Court, 541 P.2d 1248 (Colo. 1975) (court denied indigent defendant's request for appointment of an expert because he failed to show the services sought were necessary; defendant was represented by the public defender); People v. Garcia, 981 P.2d 214, 218 (Colo. App. 1998) (indigent defendant, represented by the public defender, requested state funds to hire an expert, the court denied the request because the defendant failed to show the services of the expert were necessary); People v. Tafoya, 703 P.2d 663, 667 (Colo. App. 1985) (defendant, represented by private counsel, requested investigatory services at the state's expense, the court denied the request because there was no finding the defendant was indigent or the services were necessary).
None of these cases base the determination of whether the state should provide the indigent defendant with support services on who represents the defendant. The decision of whether to appoint an interpreter, at state expense, under the discretionary provision of the Chief Justice Directive, should be premised on whether the services requested are necessary to an adequate defense and effective assistance of counsel. In this case, Cardenas was unable to speak with his counsel because he did not speak English and she did not speak Spanish.
Consequently, counsel stated that she could not determine if Cardenas' guilty plea was voluntary. Without a translator, the risk of error was great. In contrast, the burden on the state of providing the additional interpreter service to Cardenas is minimal and the state's interest in encouraging pro bono representation is great.
Accordingly, I respectfully dissent.
I am authorized to state that JUSTICE MARTINEZ joins in this dissent.
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